DOWRY SYSTEM PDF

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PDF | minutes read | In modern Indian political discourse the custom of dowry Unlike Dickemann, Gaulin and Boster specify that dowry systems should be. PDF | 55 minutes read | This research paper argues on the evil of dowry system and its impact on Pakistani civilization. The objectives of this research were to. Dowry system in India was prevalent since the Vedic period. In Epic period gifts from parents, 8 Pallavi Sharma ―Dowry system a curse on Indian Society‖.


Dowry System Pdf

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Dowry Death and Dowry System in India – Research Paper by Dev Raizada. Dev Raizada. TABLE OF CONTENTS TABLE OF CONTENTS. This article seeks to contribute to a more comprehensive understanding of the gender relations and the dowry system in India. It is based on a qualitative study . The dowry system in India refers to the durable goods, cash, and real or movable property that Archived from the original (PDF) on 20 June Retrieved 25 .

One of these are the eyewitness records from Alexander the Great conquest ca. Arrian first book mentions a lack of dowry, They these ancient Indian people make their marriages accordance with this principle, for in selecting a bride they care nothing whether she has a dowry and a handsome fortune, but look only to her beauty and other advantages of the outward person. Arrian , The Invasion of India by Alexander the Great , 3rd Century BC [21] Arrian's second book similarly notes, They Indians marry without either giving or taking dowries, but the women as soon as they are marriageable are brought forward by their fathers in public, to be selected by the victor in wrestling or boxing or running or someone who excels in any other manly exercise.

He translated many Indian texts into Arabic , as well as wrote a memoir on Indian culture and life he observed. Al-Biruni claimed, The implements of the wedding rejoicings are brought forward.

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No gift dower or dowry is settled between them. The man gives only a present to the wife, as he thinks fit, and a marriage gift in advance, which he has no right to claim back, but the proposed wife may give it back to him of her own will if she does not want to marry.

The daughter took this inheritance amount with her when she married, claimed Al-Biruni, and she had no rights to income from her parents after her marriage or to any additional inheritance after her father's death. If her father died before her marriage, her guardian would first pay off her father's debt, then allocate a fourth of the remaining wealth to her upkeep till she is ready to marry, and then give the rest to her to take with her into her married life.

It is also unclear when, why and how quickly the practice of dowry demand by grooms began, whether this happened after the arrival of Islam in the late 11th century, or with the arrival of colonialism in the 16th century, or both.

Causes of the dowry[ edit ] Various reasons have been suggested as cause of dowry practice in India. These include economic factors and social factors.

The Negative Consequences of Dowry Payment on Women and Society

Economic factors[ edit ] There are many economic factors that contribute towards the system of dowry. Some of these include inheritance systems and the bride's economic status. Some suggestions point to economics and weak legal institutions on inheritance place women in disadvantage, with inheritances being left only to sons. In , India gave equal legal status to daughters and sons among Hindu , Sikh and Jain families, under the Hindu Succession Act India grants its Muslim population the Sharia derived personal status laws.

Despite the new inheritance law, dowry has continued as a process whereby parental property is distributed to a daughter at her marriage by a social process, rather than after parents death by a slow court supervised process under Hindu Succession Act This helped prevent family wealth break-up and provided security to the bride at the same time. In the north, marriage usually follows a patrilocal lives with husband's family system, where the groom is a non-related member of the family.

This system encourages dowry perhaps due to the exclusion of the bride's family after marriage as a form of premortem inheritance for the bride. In addition, brides may have the ability to inherit land, which makes her more valuable in the marriage, decreasing the chance of dowry over the bride price system. A study showed that while attitudes of people are changing about dowry, dowry continues to prevail.

It is widespread among Hindus and other religions. For example, Indian Muslims call dowry as jahez, justify the practice in terms of jahez-e-fatimi. Islamists classify jahez into two categories: The first comprises some essential articles for the outfit of the bride as well as for conjugal life. The other is made up of valuable goods, clothes, jewelry, an amount of money for the groom's family, which is settled on after bargaining.

The jahez often far exceeds the cost of the baraat and marriage parties.

The jahez is separate from cash payment as Mahr or dower that Sharia religious law requires. There are variations on dowry prevalence based on geography and class. States in the north are more likely to participate in the dowry system among all classes, and dowry is more likely to be in the form of material and movable goods. This system is tied to the social structure of marriage , which keeps marriage inside or close to family relations.

Upper-class families are more likely to engage in the dowry system than the lower class. This could be in part due to women's economic exclusion from the labor market in upper classes. Since marriages in India are a time for big celebrations in each family, they tend to be very lavish. Accordingly, Indian weddings usually involve considerable expenditure and accompanying wedding presents from relatives in both sides of the family. This is normal expenditure which is done willingly and varies from one family to another depending on the wealth, status, etc.

In such circumstances, there is an element of exerting coercion on the bride's family and this is what has come to be recognized as the menace of dowry in today's times.

Some of these offences include physical violence, emotional abuses, and even murder of brides and young girls prior to marriage. Fraud[ edit ] A Canadian documentary film, Runaway Grooms , exposed a phenomenon of Indo-Canadian men taking advantage of the dowry system.

The cruelty could be in the form of verbal attacks or may be accompanied by beating or harassment in order to force the woman or her family to yield to dowry demands. Main article: Domestic violence in India Domestic violence includes a broad spectrum of abusive and threatening behavior which includes physical, emotional, economic and sexual violence as well as intimidation, isolation and coercion.

Abetment to suicide[ edit ] Continuing abuse by the husband and his family with threats of harm could lead to a woman committing suicide. In such situations, the dowry crime even extends to abetment of suicide, which includes all acts and attempts to intentionally advise, encourage, or assist in committing suicide. For many, dowry has become a greater financial burden on the family, and can leave families destitute based on the demands from the groom.

The structure and kinship of marriage in parts of India contributes to dowry. In the north, marriage usually follows a patrilocal lives with husband's family system, where the groom is a non-related member of the family.

This system encourages dowry perhaps due to the exclusion of the bride's family after marriage as a form of premortem inheritance for the bride. In addition, brides may have the ability to inherit land, which makes her more valuable in the marriage, decreasing the chance of dowry over the bride price system.

In addition to marriage customs that may influence dowry, social customs or rituals , and parents expectations of dowry are important factors to consider. A study showed that while attitudes of people are changing about dowry, dowry continues to prevail.

While India has been making progress for women's rights , women continue to be in a subordinate status in their family. Dowry in India is not limited to any specific religion. It is widespread among Hindus and other religions. For example, Indian Muslims call dowry as jahez , justify the practice in terms of jahez-e-fatimi. Islamists classify jahez into two categories: The first comprises some essential articles for the outfit of the bride as well as for conjugal life.

The other is made up of valuable goods, clothes, jewelry, an amount of money for the groom's family, which is settled on after bargaining. The jahez often far exceeds the cost of the baraat and marriage parties.

The jahez is separate from cash payment as Mahr or dower that Sharia religious law requires. Dowry has been a prevalent practice in India's modern era and in this context, it can be in the form of a payment of cash or gifts from the bride's family to the bridegroom's family upon marriage. There are variations on dowry prevalence based on geography and class.

States in the north are more likely to participate in the dowry system among all classes, and dowry is more likely to be in the form of material and movable goods. This system is tied to the social structure of marriage , which keeps marriage inside or close to family relations. Dowry also varies by economic strata in India. Upper-class families are more likely to engage in the dowry system than the lower class.

This could be in part due to women's economic exclusion from the labor market in upper classes.

When dowry evolved in the Vedic period , it was essentially followed by the upper castes to benefit the bride, who was unable to inherit property under Hindu law. In the modern era, the concept of dowry has evolved and Indian families no longer practice the traditional Vedic concept of dowry. Since marriages in India are a time for big celebrations in each family, they tend to be very lavish.

Accordingly, Indian weddings usually involve considerable expenditure and accompanying wedding presents from relatives in both sides of the family.

This is normal expenditure which is done willingly and varies from one family to another depending on the wealth, status, etc.

Many times, as part of this mutual 'give-and-take', an attempt is made by the groom's family to dictate the quantum of each gift along with specific demands for dowry. In such circumstances, there is an element of exerting coercion on the bride's family and this is what has come to be recognized as the menace of dowry in today's times.

Recently married women can be a target for dowry related violence because she is tied economically and socially to her new husband. Dowry is considered a major contributor towards observed violence against women in India. Some of these offences include physical violence, emotional abuses, and even murder of brides and young girls prior to marriage. Cruelty in the form of torture or harassment of a woman with the objective of forcing her to meet a demand for property or valuable security is a form of dowry crime.

The cruelty could be in the form of verbal attacks or may be accompanied by beating or harassment in order to force the woman or her family to yield to dowry demands.

Domestic violence includes a broad spectrum of abusive and threatening behavior which includes physical, emotional, economic and sexual violence as well as intimidation, isolation and coercion. Continuing abuse by the husband and his family with threats of harm could lead to a woman committing suicide. In such situations, the dowry crime even extends to abetment of suicide, which includes all acts and attempts to intentionally advise, encourage, or assist in committing suicide.

Dowry system in India

Dowry deaths and dowry murder relate to a bride's suicide or killing committed by her husband and his family soon after the marriage because of their dissatisfaction with the dowry. It is typically the culmination of a series of prior domestic abuses by the husband's family. Dowry deaths also include bride burning where brides are doused in kerosene and set ablaze by the husband or his family. Sometimes, due to their abetment to commit suicide, the bride may end up setting herself on fire.

Bride burnings are often disguised as accidents or suicide attempts.

Bride burnings are the most common forms of dowry deaths for a wide range of reasons like kerosene being inexpensive, there being insufficient evidence after the murder and low chances of survival rate.

India, with its large population, reports the highest number of dowry related deaths in the world according to Indian National Crime Record Bureau. Dowry deaths can also include sex selective abortions and female foeticide by parents who do not want to pay for their daughter's dowry when she comes of age.

Dowry Prohibition Act

Daughters are often seen as economic liabilities due to the dowry system. The first all-India legislative enactment relating to dowry to be put on the statute book was The Dowry Prohibition Act, and this legislation came into force from 1 July Although providing dowry is illegal, it is still common in many parts of India for a husband to seek a dowry from the wife's family and in some cases, this results in a form of extortion and violence against the wife.

To further strengthen the anti-dowry law and to stop offences of cruelty by the husband or his relatives against the wife, new provisions were added to the Indian criminal law — section A [57] to Indian Penal Code and section A to the Criminal Procedure Code in In , the Protection of Women from Domestic Violence Act was passed, which added an additional layer of protection from dowry harassment.

Although the changes in Indian criminal law reflects a serious effort by legislators to put an end to dowry-related crimes, and although they have been in effect for many years now, they have been largely criticised as being ineffective.

The Dowry Prohibition Act, consolidated the anti-dowry laws which had been passed on certain states. Dowry agreements are void ab initio and if any dowry is received by anyone other than the woman, it should be transferred to the woman. The Indian criminal laws were comprehensively amended to include dowry as a punishable offence.

It provided that if the death of a woman is caused by burns or bodily injury or occurs in suspicious circumstances within 7 years of her marriage, and there's evidence to show that before her death, she was subjected to cruelty or harassment by her husband or his relative regarding the demand for dowry, then the husband or the relative shall be deemed to have caused her death.

Further, section B of the Evidence Act, "Evidence Act" , creates an additional presumption of dowry death when it is shown that before her death, the woman had been subjected to cruelty on account of dowry demand. Additionally, the judiciary also includes a murder charge under Section IPC as this allows courts to impose death penalty on perpetrators of the offence.

Section IPC, pertaining to offences for the criminal breach of trust, applies in cases of recovery of dowry as it is supposed to be for the benefit of the woman and her heirs.

Further, Section A IPC was specifically included in to protect women from cruelty and harassment. The constitutionality of Section A was challenged before the Supreme Court of India on grounds of abuse, on grounds that it gave arbitrary power to the police and the court.

However, it was upheld in Sushil Kumar Sharma v. Union of India The Protection of Women from Domestic Violence Act, "Domestic Violence Act" was passed in order to provide a civil law remedy for the protection of women from domestic violence in India. India is a party to several international human rights instruments which provide theoretical remedies to the dowry problems. CEDAW codifies the rights most relevant to the discussion of dowry-related violence: However, there are issues of non-intervention and cultural relativism which impede the use of international law to combat dowry deaths.

Further, many women are afraid to implicate their husbands in a dowry crime simply because the Indian society is viewed as having conditioned women to anticipate or expect abuse and in some sense eventually, endure it. It can take up to 10 years for a case to go to court and even once in court, husbands and in-laws end up getting away with extortion or even murder because the women and their families cannot prove ' beyond reasonable doubt ' that they are the victims of such crimes , as there are rarely any outside witnesses.

There is growing criticism that the dowry laws are often being misused, particularly section A IPC which is observed by many in India as being prone to misuse because of mechanical arrests by the police. In many cases of a, huge amounts of dowry are claimed without any valid reasoning. A rickshaw puller's wife can allege that she gave crores of money as dowry and since it is a cognizable case, police are bound to register the case.

And in most cases, the capacity of the wife or her parents and the source of the funds are never tracked. The Nisha Sharma dowry case was an anti-dowry lawsuit in India. It began in when Nisha Sharma accused her prospective groom, Munish Dalal, of demanding dowry.

Nisha Sharma was portrayed as a youth icon and a role model for other women. On 19 April , the Indian government sought to introduce a bill to amend Section A IPC based on the suggestions of the Law Commission and Justice Malimath committee on reforms of criminal justice. From Wikipedia, the free encyclopedia. They these ancient Indian people make their marriages accordance with this principle, for in selecting a bride they care nothing whether she has a dowry and a handsome fortune, but look only to her beauty and other advantages of the outward person.

They Indians marry without either giving or taking dowries, but the women as soon as they are marriageable are brought forward by their fathers in public, to be selected by the victor in wrestling or boxing or running or someone who excels in any other manly exercise. The implements of the wedding rejoicings are brought forward. No gift dower or dowry is settled between them. The man gives only a present to the wife, as he thinks fit, and a marriage gift in advance, which he has no right to claim back, but the proposed wife may give it back to him of her own will if she does not want to marry.

Main article: Domestic violence in India. Dowry death. Protection of Women from Domestic Violence Act, The neutrality of this section is disputed. Relevant discussion may be found on the talk page. Please do not remove this message until conditions to do so are met. October Learn how and when to remove this template message. Archived from the original on 11 January Dey Empowerment, Law and Dowry Deaths. Universal Law Pub. Indian Journal of Gender Studies. The Journal of Economic Perspectives.

Leading Cases on Dowry. New Delhi: Human Rights Law Network. Into Legal World. Archived from the original on 8 December Retrieved 7 December Archived from the original on 15 May The Times of India. Archived from the original on 7 July Singhai Pannalal Raes ed. Pandit Tulsiram, , p. Bridewealth and Dowry. Cambridge UK: Cambridge University Press.

The Lot of Women in the Vedic Period. Vedic Index: Lochtefeld, The Illustrated Encyclopedia of Hinduism: Westminster, UK: London, Chapter LXIX: Lawrence Why It Continues to Prevail".

The Journal of Developing Areas. The Dowry Problem in India".States in the north are more likely to participate in the dowry system among all classes, and dowry is more likely to be in the form of material and movable goods. No gift dower or dowry is settled between them. This system is tied to the social structure of marriage , which keeps marriage inside or close to family relations. In the landmark judgement of Suresh Kumar Singh v. Despite the new inheritance law, dowry has continued as a process whereby parental property is distributed to a daughter at her marriage by a social process, rather than after parents death by a slow court supervised process under Hindu Succession Act