Dowry-related violence in India

IN NEWS:

• Three dowry-related deaths in quick succession have led to outrage in Kerala.

DOWRY IN INDIA:

History:

• Dowry is a gift of substantial monetary value given from either the bride or groom to their spouse upon marriage.
• Dowry is a centuries-old practice in many South Asian countries, where the bride's parents gift cash, property and jewellery to the groom's family.
• In ancient India, dowry was given voluntarily as a token of gratitude towards the groom and his family symbolising the purity of the ritual and as a safety net for the bride.
• However, the ghastly nature the practice emerged in the colonial times, when rights to own lands were sanctioned. The ownership over land made the Indian male the dominant legal subject, which in effect, raised their value and infused a sense of competitiveness in their wedding proposals.
• In the wake of sanskritisation, the lower castes imitated the practice of dowry.
• During the freedom movement, the nationalist leaders and social reformers condemned the institution of dowry.
• Since 1961, the practice of dowry has been illegal in India.

Present scenario:

• According to the National Crime Record Bureau’s (NCRB) 'Crime in India' report, 2019:
  • There is a dowry death every 73 minutes in the country, i.e. 23 deaths a day. 
  • Every four minutes, a woman is subject to cruelty by her husband and in-laws.
• This indicates that despite being illegal, the problem of dowry is still persistent in India. It is experienced by all sections of Indian society, irrespective of their caste, class and religion.

EFFORTS TO CURB DOWRY:

I. DOWRY PROHIBITION ACT, 1961:

• The law banned paying and receiving dowries and set penalties for violators. To increase its effectiveness, the Act was amended in 1984 and 1986.  Its key features include:
  • Definition: It defines dowry as the giving away of any property or “valuable security” by people “directly or indirectly” involved in a marriage or “by parents of either party” in connection to the alliance.
  • Prohibition: The Act prohibits the giving, taking, or demanding of dowry.
  • Punishment: Punishment for violating the anti-dowry law is imprisonment for up to 5 years and fine of Rs. 15,000 or the value of dowry given, whichever is higher.
  • Ban on advertisement: It bans advertisements which offers of money or property in connection with a marriage.
  • Dowry Prohibition Officers: The State Government can appoint Dowry Prohibition Officers to see that the provisions of the Act are complied with.
  • Exceptions: Presents given to a bride or a groom at the time of a wedding are exempted from the purview of dowry.

II. INDIAN PENAL CODE,1860

• Section 304B:
  • This section deals with cases related to dowry deaths. Punishment includes imprisonment for a term not be less than seven years but which may extend to imprisonment for life.
  • In May 2021, the Supreme Court widened the scope of section 304B so as to make it more effective in determining cruelty against women.
• Section 498A:
  • This section punishes the husband or the relative of the husband for subjecting a woman to cruelty.
  • The cruelty can be either mental or physical torture which drives the women to commit suicide or to cause serious injury, danger to life or health.

III. THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2006:

• This act provides effective protection to Women who are victims of violence of any kind occurring within the family.
• Extra read: http://ilearncana.com/details/Domestic-Violence-Act-2005/1366

IV. NATIONAL COMMISSION FOR WOMEN:

• National Commission for Women (NCW) is the statutory body of the Government of India, generally concerned with advising the government on all policy matters affecting women.
• Any case involving deprivation of women’s right or harassment of women in India, including Dowry harassment/dowry death can be registered with the NCW.

V. TELECOMMUNICATION EFFORTS:

• Union and state Governments have established helpline and dashboards for safety and security of women and girls.
• Eg: All India women helpline number 1090; Kerala Police's 'Aparajitha Is Online', an online initiative for women to report cybercrimes, domestic abuse and other offences against women.

WHY DOWRY PERSISTS:

• Camouflaged as gifts:
  • The Dowry Prohibition Act exempts gifts at the time of marriage from the purview of dowry. To utilize this exemption, dowry is demanded and given under the veil of gifts.
• Economic dependence of women:
  • India’s female labour force participation rate is low, at 20.3% in 2020. This shows that 4 out of 5 women in India is almost completely dependent on their husbands. Hence, the families demand and give dowry as a means to sustain the bride.
• Social Constraints:
  • Religion and caste system condone interfaith marriages and profess practices like caste endogamy and clan exogamy. These limitations severely deplete the pool of marriageable men leading to demands for dowry.
• Reluctance to file cases:
  • Most women consider dowry abuse a part of their life and cope with it. Those who are aware remain reluctant to file cases, in fear of the dishonour society puts on them, their children’s future and the long judicial delays.
• Societal contempt:
  • Dowry is often a means for showing off social stature in our country. This perspective heavily justifies the practice of dowry demands.
  • Due to the strong patriarchal mindset, the society tend to side with the groom’s family and criticise the women for seeking legal remedies. Eventually, the fear of society overcomes the sense of justice and the victims suffer in silence.
• Low conviction rate:
  • Since giving and taking bribe is a crime, registering a case would mean that both families would be culpable. Hence, even in severe cases, families tend to prefer out-of-court settlements and the culprits walk free.
  • In courts, two in every three persons accused of dowry deaths go scot-free while four in every five persons accused under Dowry Prohibition Act escape jail, mostly due to poor investigation and long wait for the final judgement.
• Encouraged to secure property:
  • In most cases, dowry is given as the female’s only share in her father’s property. This is encouraged in India’s patriarchal society, as it helps the men in the bride’s family to hold on to more property.
• Misuse of Anti-Dowry Law:
  • The number of false 498A cases or cases of misuse of anti-dowry laws has even made the Supreme Court of India to term it as ‘legal terrorism’. Given this scenario, police are hesitant to file cases in fear of it being wrong.

IMPACT OF DOWRY:

• Death and domestic violence:
  • The most visible outcome of dowry is the violence against men, as shown by the NCRB data.
• Promotes child marriage:
  • India has the most child brides in the world and this phenomenon is partly driven by the dowry system. The younger a girl is, the lower her dowry price is. Hence to save money, families marry off their daughters at young ages.  
• Prevents female education:
  • Demand for dowry is low if the women are less educated. Also, families view girl’s education expenses as a waste of money since the investment will not be recouped by the family later in life. Hence, dowry inhibits female education.
• Perpetuates gender inequality:
  • The dowry system dehumanizes women as it casts them as a burden, rather than an asset, to be passed along. Each dowry paid reinforces a system where women are viewed as second-class citizens.
• Debt trap:
  • Dowries often force families to take out loans with steep interest rates or sell off their land to raise money. This can lead to crippling debt.
• ‘Missing girls’:
  • Dowry enhances the preference for boys, since a girl child is viewed as a financial burden. This leads to cases of sex selective abortions and neglect of girl child. This is why states such as Bihar and Uttar Pradesh, where dowry is rife, also have a very poor sex ratio.
• Loss of human resource:
  • Dowries encourage the idea that a woman will be a taken care of by her husband’s family and she shouldn’t earn an outside income. This keeps women outside the labour force, thereby resulting in wastage of valuable human resource.
• Loss of property rights:
  • Dowry is taken as share in property though the legal share would be much more. Hence, women are systematically edged out by their own families when it comes to their legal share in property.

WAY FORWARD:

• Behavioural change:
  • Long-term strategies are essential to bring about large-scale gender sensitization. Women empowerment drives should focus on equal rights and opportunities for women inside the family and should also insist on democracy in domestic relationships.
• Social Awareness:
  • Campaigns, beginning in schools, should be designed to reach the deepest strata of the society and aim to spread knowledge about the legal provisions against dowry.
• Education and self-dependence of women:
  • Ensuring quality education and avenues for self-reliance will enable women to speak up against practice of dowry and their marginalization in other aspects of life.
• Judicial changes:
  • The existing legal provisions should be reviewed to acknowledge the changing nature of dowries. Also, judiciary should take measures to deliver justice within a reasonable time.  
• Community participation:
  • There should be strong community driven measures to address the problem of culture of misogyny and normalised aggressiveness towards women. Mass media campaigns can be used in this regard.
• Capacity building:
  • The police force and social service institutions have to be better trained to deal with survivors of dowry violence. Also, there is a need to develop support systems for survivors through more swadhar homes, medical facilities and skill training facilities.

CASE STUDY: Nilambur village in Kerala

Malappuram district's Nilambur village is India’s first dowry-free village. Nilambur’s anti-dowry campaign began in 2007, when it was found that at least one-third people lost their homes to banks and money-sharks after they took loans to marry off their daughters. More than 1,000 girls (total population is 45,000) said they remained unmarried because they could not afford dowry required to get a groom.

Hence in 2009, the villagers took a pledge to make Nilambur a dowry-free village in a year. There were public meetings, door-to-door campaigns, street plays and motivation classes. ‘Dump dowry’ associations were set up and informers were deployed to give a tip-off about such cases. Mass community marriages were conducted. Furthermore, several Self Help Groups are being created to make the best of entrepreneurial skills and provide financial independence to women.

PRACTICE QUESTION:

Q. Discuss the causes and consequences of dowry related violence in modern Indian society?