Open Access Research Article
A DETAILED STUDY ON DOWRY DEATH OF INDIA (By: Janet. P. Patil)
Published Paper
Article Details
A DETAILED STUDY ON DOWRY DEATH OF
INDIA
Authored By: Janet. P. Patil
LLM I, Semester II.
ROLL NO.23
CHAPTERS
|
ABSTRACT
|
I: INTRODUCTION
|
1.1 Statement of Research Problem
1.2 Research Objectives
1.3 Research Questions
|
|
II. LITERATURE
REVIEW:
|
2.1
Spread of Dowry-Deaths in This Country
2.2
Factors Leading To An Increase In Dowry-Deaths In India
2.3
Dowry-Prohibition Act And Its Efficiency In Preventing Dowry-Deaths
|
III.
RESEARCH GAP
|
IV. RESEARCH
METHODOLOGY
|
4.1 Data Collection
4.2 Data
Analysis
|
V.
FINDINGS AND ANALYSIS
5.1 Data
Interpretation
5.2 Critical
Discussion
|
|
VI. RECOMMENDATIONS
|
|
VII. CONCLUSION
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|
VIII. REFERENCE
|
ü
Abstract:
In India,
dowry is a property or other significant security that one party gives or
agrees to give to another party during a marriage. In India, the parents of a
girl who is getting married to the groom's family are often the ones who agreed
to pay the dowry. According to the "Dowry Act 1961," receiving dowry
is a crime in and of itself. According to this study, it was discovered that
the act that was put in place in this country to outlaw dowries failed as a
result of a number of flaws. A significant social problem is "dowry
death," which occurs when a bride kills herself or is slain by her husband
because of the latter's unreasonable demands and abusive behaviour. The primary goals of this study are
to examine the dowry system as it exists today in India and assess how well the
law is working to stop dowry deaths.
According to
research findings, the main cause of the dowry mortality problems in India is a
lack of knowledge about the laws pertaining to females' employment and
educational options. According to the literature, continuous legislation
amendments to ensure fair justice are the key reason for India's declining rate
of dowry deaths. In order to pinpoint specific dowry system consequences, root
causes, and legislative framework inadequacies, a secondary theme analysis was
conducted in this study. According to the research, it can be concluded that
appropriate education and female empowerment in India can lower the prevalence
of dowry deaths and give women the confidence to demonstrate.
ü
I: Introduction:
1.1
Statement of Research Problem
Dowry deaths
are incidents in which newlyweds kill themselves or are killed by their spouses
after the wedding as a result of the brides' families' refusal to pay dowries.
Due to a dysfunctional social structure and insufficient regulatory framework
over the past few decades, dowry fatalities in this country increased despite
its remarkable modernization and rising number of middle class households. In
contrast, the figure 1 in the news story from "Indian Express" from
2020 depicted a different phenomenon. Amendments to the Dowry-death Prohibition Acts have resulted
in a small drop in the number of death cases in 2020. There were 17
dowry-related deaths in 2020 compared to 52 in 2019; the difference was due to
the dowry system. A better effort has been made to stop this problem as a
result of changes made to some of the terms of legislation relating to dowry
deaths in India.
The effort of
developing a healthy societal structure by eliminating dowry systems from India
and preventing dowry-death instances is hampered by the high level of income
inequality, traditional societal structure, and gender inequality that persist
in rural areas. As a result, raising awareness is crucial to supporting the law
in these areas. The current study has given a critical comprehension of the
elements causing dowry fatalities in India and the ways that appropriate
legislation and actions might lessen this problem.
1.2
Research Objectives
v Aim
To assess the
dowry system's current situation in India and assess how well the law is
working to prevent dowry deaths.
v Objectives
· To determine what variables are
contributing to an increase in dowry deaths in India.
· To determine how effective present
legislation is at stopping dowry deaths and giving victims of dowry-deaths just
compensation.
· To make appropriate recommendations
to improve the effectiveness of legislation to address this problem.
1.3 Research
Questions
· What factors
are influencing dowry system and dowry-deaths in India?
· How much
effective is the
existing legislation in preventing
dowry-deaths and providing
proper justice?
· What measures
can be adopted for enhancing effectiveness of dowry
legislations in India?
ü
II.
Literature Review:
2.1 Spread of dowry-deaths
in this country
The
primary cause of the rise in dowry fatalities in this nation is a lack of
awareness of the laws governing chances for females to pursue an education and
find employment, particularly in the suburbs and rural areas. On the other
hand, a robust dowry system is being established in this nation as a result of
greater purchasing power and a patriarchal worldview in Indian society. Men now
have more opportunity to succeed economically thanks to the state economy's
ongoing rise. Women do not have equal access to these opportunities, on the
other hand. As this development becomes more prevalent, individuals of a
certain gender begin to take advantage of it to the maximum and escalate their
illogical demands during the marriage process.
Due to
the sharp decline in women's power, income and gender inequality are the main
factors contributing to an increased rate of dowry fatalities. The number of
dowry-death cases in India has significantly decreased in recent years,
nevertheless, as a result of many changes made to the country's dowry-death
laws. There was a sharp decline in dowry-death instances in 2020. However, in
order to increase the efficiency of laws, it is crucial to raise knowledge
about the legal repercussions of dowry and the fatalities linked to the dowry
system in rural India. Figure 2 shows that the number of dowry deaths in India
has drastically dropped. Statista's research division published this analysis
in 2021.
2.2 Factors
leading to an increase in dowry-deaths in India
India's
dowry-death rate is on the rise, and one of the main contributing factors is
the country's high level of illiteracy. The majority of Indians live in
impoverished or suburban areas, where they are unaware of the rules that forbid
dowry-deaths in India as well as the repercussions of
their
lack of literacy. Additionally, because there are less economic possibilities
for individuals living in rural and suburban areas due to illiteracy, such
communities are forced to accept illogical dowry demands from prospective
brides. In addition, families of the brides play a significant role in raising
the dangers of dowry-deaths because they view giving their daughters in
exchange for dowry and, in most cases, the groom's families are dissatisfied
with the amount given as dowry, leading them to begin torturing the girls
physically and mentally. The
bride's families, however, view it as dishonourable to voice their opposition,
and even if the girls are murdered, the families choose to remain silent out of
concern for their safety from the abuse and harassment of the groom's family.
This mentality denies victims of any possibility for the administration of
justice on their side and gives the grooms' family the chance to keep thinking
the way they already do.
In some
places, women are still not permitted to work as age labours, which weakens
their financial position and provides their husbands many opportunity to
torment them in the event that their families do not provide a sufficient
amount as dowry to the family of the groom. Families in rural and suburban
areas force their daughters to stay with the groom even if they are being
abused, and this type of attitude of the brides' families puts them at high
risk of murder or dowry death. This is due to the weakening of formal state
institutions and the strengthening of informal gender institutions. Most
frequently, it occurs as a result of the stigma surrounding divorce in Indian
traditional cultures. The
outcomes related to female citizens' education and their activity or
participation in the workforce in India are very incongruent.
In
some areas, women lack access to possibilities for employment and education,
which limits their financial independence and makes them more vulnerable to
abuse from their spouses if their family are unable to provide the required
amount in dowry. It can be because some regions have inadequate societal,
political, and economic structures, which enhance the dowry system and raise
the danger of dowry deaths. The most frequent dowry-related fatalities were
drowning, poisoning, and burning. Therefore, a lack of female education, a lack
of engagement in the labour sector, a weak social structure, and other factors
are the main contributors to the rising incidence of dowry fatalities in India.
2.3 Dowry-prohibition
act and its efficiency in preventing dowry-deaths
A
variety of laws have been introduced with the goal of abolishing the dowry
system in India and lowering the number of dowry deaths. For instance, the
"Dowry Prohibition Act, 1961" was passed to stop dowry murders. This
act's "Section 2" takes into account the following factors:
· The death of a bride has been caused
by physical harm, burns, or other factors other than natural occurrences
· Within seven years of their marriage,
the women's deaths occurred as a result of unnatural causes.
· Prior to their deaths, the brides
were subjected to abuse or harassment by their husbands or their new husbands
regarding any dowry demand.
· Dowry shall be regarded as property
obtained from either party's parents before or at any point after the marriage
that led to the union of the parties.
There are a
few legal loopholes, and these have been modified multiple times to make sure
that the victims receive fair treatment. In order to combat this threat, this
act has established a variety of distinct punitive and preventive measures.
However, there are still some problems when it comes to achieving the goals of
this legislation. Lack of awareness of the act in various segments of Indian
society is the primary cause of the lack of expected progress. Additionally, there were occasionally
issues with how the law was applied in dowry-death cases; for example, one of
the Indian dowry-death instances involved an expression in this act that was
construed incorrectly. For instance, the phrase "as consideration for the
marriage" was read differently in the case of "InderSainVs State of
Punjab" in an effort to make it more specific.
According to
the court's ruling, "consideration" is only used to refer to the
reasons or motives behind anything; it does not include prizes or pay for
services rendered. It was difficult to distinguish between rewards and payments
that are permitted and prohibited, nevertheless. Because of this, the statute
was changed, and under the new law, the idea of prizes or presents is now
permitted in an Indian marriage, provided that they do not place an additional
financial strain on either party to the marriage.
ü
III. Research Gap
Due to an
increased number of unreported cases, the main gap in this study is related to
the absence of current data on dowry deaths in this nation. Since most current
material is not available on the internet, the collection of secondary
information has made it more difficult for researchers to access it.
Additionally, it has been challenging to offer appropriate advice that could
help in reducing this problem by strengthening laws like the "Dowry-death
act, 1961"
ü
IV. Research Methodology
4.1 Data
Collection
In the
current research article, secondary data gathering methods were taken into
consideration to obtain accurate information about the many variables
contributing to the rise in dowry deaths and the effectiveness of current laws
in doing so. The acquisition of secondary data was relevant for this work since
it allowed for a thorough understanding of the various aspects of dowry-death
issues in India. Additionally, it has helped with the acquisition of original
data because the researcher took into account gathering all the information
about dowry fatalities and related laws from a variety of trustworthy secondary
sources, including reputable websites, case law publications, and journals.
It should be highlighted that
gathering primary data would have been considerably more advantageous because
it would have allowed for gathering real-time data.
When it comes
to gathering data from secondary sources for a dataset, this might not be
possible. However, gathering genuine primary data would have been difficult
because people in rural regions could have been ashamed to disclose all the
information that was needed, especially if they had been victims of the dowry
system. As a result, gathering secondary data for the current work has been
very appropriate as it has minimised potential challenges that would have arisen
had the researcher explored gathering data from various primary sources.
It also
helped to lower the chances of having to deal with ethical duties because it
would have allowed researchers to work with disadvantaged sections of Indian
society when conducting primary research. Additionally, the adoption of this
methodology for data gathering allowed for the consultation of numerous
reliable data sources, which aided in the acquisition of precise numerical data
regarding the number of dowry-related deaths in India. This aided in drawing
the right conclusions from the data gathered for this investigation.
4.2 Data Analysis
After
reviewing secondary sources to gather the necessary data for the researcher, a
thematic analysis method was used to provide a variety of themes that took into
account both the main goals of the research and the variables that were used in
it. The success of dowry laws in eliminating the dowry system from Indian
society, as well as other factors influencing the dowry system, are among the
study's key variables. As
a result, it has been possible to synthesise among the themes and establish
appropriate links among these variables to produce an effective result, which
has helped to ensure the establishment of an effective study result. Additionally,
because objectives were taken into account when developing themes, it is now
possible to successfully accomplish each of the study's objectives. Because
variables were chosen based on the study's goals and objectives, theme analysis
has therefore ensured the validity of the results of the research. This has
further aided in the development of effective triangulation of data obtained
from many sources of data, making it feasible to offer appropriate advice on
the best ways to eradicate the dowry system from Indian society.
ü
V. Findings And Analysis
5.1 Data
Interpretation
Theme 1: Dowry is
the main reason
behind Indian Parent’s son
preference than their daughters.
According to research, Indian parents favour their sons over their daughters
and spend more money on the former. This is gender discrimination in and of
itself, which a girl child must deal with from her parents. This practise
primarily creates a male-oriented society, which is the cause of all crimes
against women that have been reported in India. Indian parents
frequently view dower as the primary factor in choosing to keep their
sons in India. It has been discovered that parents aim to get rid of new-born
and foetal girls because of dower.
Theme 2: Dowry is deeply rooted within Indian system and causes early
death of female.
According to
accounts, Indian husbands and in-laws are rumoured to abuse newlywed women
because they are unhappy with the dowry and want to obtain more from the
women's parents. It can be shown that there are almost equal numbers of
instances in both urban and rural locations, which is more concerning for
society.
Abusive
conduct frequently causes newlywed young women to attempt suicide, and
occasionally their in-laws may brutally murder them. According to the above
graph, which was taken from a study by "Vikas Gurbani and Shagun
Thakur," suicide and homicide are the leading causes of young women dying
from dowry-related causes. Due to the extreme strain and mental abuse that
young women endure at the hands of their in-laws, they become psychologically
vulnerable. In many instances, they even consider ending their lives because of
this problem because they feel ashamed. But in addition to committing suicide,
the victims' husbands or in-laws also killed them after torturing them
physically and mentally for a protracted length of time.
Theme 3:
Despite Implementation of Law 1961, Dowry is widely active in India
According to
studies, dowry is a problem that is particularly widespread in the Indian
states of Uttar Pradesh and Bihar. Additionally, it can be seen that depending
on the girl's age at the time of marriage, "spousal education," and
"family socioeconomic level," the overall percentage of dowry
provided by the girl's parents to their in-laws changes. The limitations of the
1961 dowry laws, which were put in place 60 years ago, are the primary reason
that dowry still exists in India today, and certain socio-cultural factors
function as the greatest obstacle to the application of any law. The failure of
dowry to prevent the mortality of young women was attributed to its perceived
lightness.
5.2 Critical
Discussion
Theme 1
In today's
world, dowry payments in India have a Universal effect and the rate was scarier
in previous times than today. However, in today's aberration as well, an Indian
family starts to save money for dowry, as soon as their daughter is born. This
whole circumstance creates plausible phenomena for Indian parents to prefer
having a son. However, no such clear evidence is found, which tells that dowry
is the main reason behind son preference for Indian parents. However, the
circumstances and relatable events are the main evidence to reflect this
concept.
Theme 2
According to
the statistics in theme 1, the majority of the victims were between the ages of
19 and 26. They were unable to survive after being tormented by their in-laws
and had no method of returning to their parents' house. As a result, the
majority of them take a bigger step and commit themselves. Another significant
characteristic of these young ladies that led them to take this action is their
financial difficulties. The bride's family is under tremendous social and
financial pressure, which the government needs to look into.
Theme 3
The 1961
Dowry Prohibition Act mostly failed because of a lack of public support. This
law introduced the term "dowry" quite casually by describing it as a
benefit to the wife or her inheritors and set a light penalty for anyone who
disobeyed the rules. As a result, the 2005 law known as the "Protection of
Women against Domestic Violence Act," which talks about women's
protection, could have saved the society if it had been properly enforced. The
victim receives immediate relief thanks to this law, but India's fundamental sociocultural
problems remain. To stop these deaths, these fundamental sociocultural problems
must be resolved.
According to
the aforementioned statistics, socio-demographic characteristics play a
significant role in dowry deaths and the treatment of young women in her
in-law’s home.
ü
VI. Recommendations
· It is clear that the main problem
with dowry deaths in India centres on the many social and cultural constraints
imposed by the legal system. Therefore, raising social awareness is a crucial
step that the Indian government must take to end dowry murders in this nation.
· To address this issue, social workers
must play a big role in India's many states where the literacy rate for women
is low.
· It has been determined that the
literacy rate among women who experience tinctures and abusive behaviour by
their in-laws as a result of dowry issues is low, so it is crucial that the
Indian government take the necessary steps to create programmes that encourage
all women and girls to have their proper education.
· The Indian government's most
successful strategy to help victims of low social standing is to educate and
empower women, which can inspire them to protest against their in-laws and
demand justice.
· Additionally, Indian parents need to
be aware of the circumstances that can cause them to change their minds and
stop discriminating between girl children and boy children at the time of their
birth. They must realise that they are under no obligation to force their
daughter to wed any family that requests dowry.
· Influencers and social workers are
the link that can help people understand this social notion.
· Another crucial factor in preventing
these problems and altering Indian parents' mind-sets is literacy.
· To convince parents that they should
spend money on their daughters' education and development as self-reliant,
independent women alongside their sons, the government of this country needs to
offer social programmes and awareness campaigns.
· The government should concentrate on
enacting legislation governing the rate of expenditure on marriages at weddings
and make necessary revisions to them in addition to women's protection laws and
regulations. This might be a significant step toward resolving societal issues;
individuals need to be made aware of their rights to do things like refusing to
attend weddings if the bride's family is expected to pay the groom's family a
dowry.
ü
VII.
Conclusion
According
to the discussion, it has been discovered that dowry is a big social ill in
India and that it is a decadent tradition that the society has adopted. It has
also been discovered that the limitations and definition of dowry contained in
the law passed against dowry 60 years ago was the primary cause of its failure.
Even though this rule has been in place in our nation for many years, the rate
of dowry is still high, and Indian parents are still at risk while dealing with
the dowry demands of their daughter's in-laws. It has been shown that parents'
fears of paying dowry to the in-laws may be the reason why men are preferred
over daughters in India.
According
to the findings, India's fundamental socioeconomic problems and cultural
characteristics largely predominate, which contributes to these dowry
fatalities. According to the statistics, the majority of the victims are
between the ages of 19 and 26 and are either illiterate or have only received a
school education. This is a significant demographic factor that discourages
young women from revolting against their spouses and in-laws. Additionally, it
has been shown that the majority of victims terminate their lives owing to the
severe suffering they must endure at their husband's home because of their
unbearable demand for dowry.
It can
be concluded that,
financial instability, less education,
less women empowerment programs and
facilities are the main aspects
of these young women, which made them take this step. However, the prevalence of dowry in
India has decreased after the dowry legislation, women's protection laws, and
social programmes were amended. To fully mitigate this societal vulnerability,
however, there are still difficulties in this country's rural and urban areas
that need to be examined.
As a
result, it was advised that the Indian government take more effective measures
to increase literacy among women in rural areas of the nation and to inform
them of the potential repercussions of accepting to accept dowry from the
groom's family at the time of marriage. It is advised that parents in this
nation receive the necessary education to help them understand
the
importance of investing more money in their daughters' education and
empowerment so that they may make independent decisions to prevent these
crimes.
ü
VIII.
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Article Information
A DETAILED STUDY ON DOWRY DEATH OF INDIA (By: Janet. P. Patil)
Authors: Janet. P. Patil
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/07/21
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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