Introduction
In law, dowry is defined as any property or valuable security given or agreed to be given either directly or indirectly:
- by one party to a marriage to the other party to the marriage; or
- by the parents of either party to a marriage or by any other person, to either party to the marriage or any other person; at or before or any time after the marriage in connection with the marriage of said parties but does not include dower or Mahr in the case of persons to whom the Muslim Permission is not granted.
How the Dowry System Came to Be?
It
has its origins in medieval India when a bride's family gave her a present in
cash or kind to ensure her freedom after marriage. During the colonial period,
it became the only legal means to marry, with the British making dowry
compulsory and it became the only respectable way to marry. Bride prices are
rising across all socioeconomic categories in modern India. However, increased
bride prices have led to an increase in violence against women.
Dowry
was traditionally created to protect women in India, and it was termed
Streedhan, which means a woman's riches in the form of money, gift, or property
are given only to the woman by her parents at the time of marriage. The abuse
of this ritual weakened and aborted the dowry's original significant purpose as
a safety net for the lady, and it was twisted to become the price tag for the
groom, and therefore the noose for the bride.
Husbands
and in-laws frequently resort to violence against the bride and her family to
increase the amount of the dowry they receive. A large sum of money may be
given as dowry during the wedding, but husbands and in-laws frequently grow
more demanding after the wedding.
As
a result, the bride is frequently abused physically, psychologically, or
sexually. Abuse can take numerous forms, such as razor-slicing her genitalia or
breasts to kill her or drowning her with kerosene. Suicidal ideation can be
triggered in women.
Why Is Dowry Considered a Crime in India?
Dowry
is widely seen as a major cause of witnessed violence against women in India.
It is a social evil that has resulted in terrible tortures and crimes against
women. There have been numerous examples of dowry death reported over the
years. In all of these cases, we learn how the in-laws, husbands, and family
members torment the ladies, leading to suicide or, in some cases, murder. It
became a crime as a result of this.
Dowry
is considered a criminal offense under the IPC. In the IPC, section 304B was
inserted, making dowry death a distinct offense punishable by harsh penalty i.e
sentenced to 7 years in jail, with a possible life sentence.
It
stated that if a woman dies as a result of burns or bodily injury, or in
suspicious circumstances, within 7 years of her marriage, and there is evidence
that she was subjected to cruelty or harassment by her husband or his relative
regarding the demand for dowry before her death, the husband or relative shall
be deemed to have caused her death.
Statistical
Data
Dowry
has been prohibited in India since 1961, even though it is still widely practiced.
Although the exact percentage is unknown, dowries are mentioned in the ceremony
at around half of the weddings one attended or has been asked to.
Despite
this, it is rarely prosecuted as a crime. In a country with over 10 million
weddings per year, less than 10,000 dowry incidents were reported in 2015,
according to data from India's National Crime Records Bureau. Dowry cases are
only covered in the media when the groom's demands are exorbitant in proportion
to the bride's family's riches, or when the bride is physically abused or
killed.
Dowry-related
abuse is regularly reported under domestic violence statutes. In 2015, there
were approximately 7,646 dowry-related deaths, with over 113,000 women
reporting maltreatment by their spouses or in-laws. Every day, around 21 women
are murdered by their husbands or in-laws because their families cannot afford
the dowry.
Conclusion
Dowry
is not only unlawful but also unethical. As a result, society's conscience must
be properly sensitized to the difficulties of the dowry system, so that those
who desire it suffer a "loss of face" in society.
Written
By Rahul Agrawal
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