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DOWRY SYSTEM-: UNEQUALIZING GENDER EQUALITY
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DOWRY SYSTEM-: UNEQUALIZING GENDER EQUALITY
AUTHROED BY
- ARUDITA DIMRI
Marriage
is the sacred association, the holy union among man and women. The women are
forever the better half of her husband and the relationship thrives in honesty,
love, sacrifices and adjustments in both sides. The pure thing as Marriage
comes with its evil side also namely Dowry. There are lot of families have lost
their daughters in the name of dowry. The system is so deep rooted that if dowry is not adequately given at the time of marriage; many marriages are called off leaving the bride, her
family devastated.
In India dowry system is being practice since long time and it has put a
deep impact in the life of women dowry system also connect with the domestic
violence as women faced physical and
mental toucher by the groom family . It contains the poor effect of dowry
system on gender equality and also show that financial burden face by the
bride's family.
The practice of dowry system places the pressure on bride's family by
fulfilling the expectations of groom families which show the economic
inequality. The main objective of this study is to show economic
perspective, social perspective and legal aspect of dowry
system . There should be the issue of dowry system should be solve by legal
measures, education to women and awareness camps. This research paper contain
the evolution of the dowry system and it gets transform from cultural by the
source of social and economic disparities dowry does not mean the exchange of
gift and money during marriage. It also contains who dowry
system have burden
the financially and inequality face by women . In form of legal aspect there are many
law's had been made to stop dowry and many camps has been conduct so people can
get awareness. The states have ensured to curb this evil and have brought to us
the Anti-Dowry laws in the form of S.498A I.P.C, The Dowry Prohibition Act, 1961.
This research paper tried to provide how dowry has been practice
from historical time social
economic, legal aspect dowry system contribution to gender inequality the study
carry the overview on the dowry system in India the mental toucher and physical toucher
women face for the dowry
. Dowry system
not only creates economic
imbalance but also domestic violence faced by women in groom family.
The effects of the system
are everywhere corroding
efforts toward greater gender
and economic equality.
Key words: marriage,
dowry, gender equality, dowry prohibition
Dowry,
as per Sec. 2 of Dowry Prohibition Act, 1961 denotes all properties or valuable
gifts or decided to be offered directly or indirectly by one individual to
another person or by the parents of either part of individual before, in marriages.
As per the law, it is a crime to both receive or offer any type of dowry. Hence both
the families of bride and groom will be accountable for take dowry or give dowry.
This method predate the British era and colonization in India. The basic
purpose of dowry was it performed as the forms of safeguard for the wife
against the ill treatment by her partner and his family members.
For
numerous age groups, India has struggled with the age old dowry system. In the tradition,
the bride’s family members are forced to offer valuable gifts, money, or
properties to the groom’s family so as ease the marriage. This extremely
entrenched custom has confronted significant criticisms because of its adverse
effect on community, prompt different campaigns and effort focused at
eliminated it. In spite of these attempts, the dowry system remain an important
problem, mainly in backward areas of India.1
As
per NCRB survey, 8240 incidences of dowry death were reported under section B
of IPC and 106527 incidences of cruelties by spouse or relatives as per section
498 A of IPC. The Constitution of India assures safeguard to live the life of dignity and respect to every people, especially the marginalized people as per Article 15. Moreover, India has
ratified International Convention such as CEDAW. Therefore, India made special
provision for woman to identify this disparity. Laws like Section
113 B, 498A and 304B of IPC, Dowry Prohibition Act and Domestic Violence Act identify violence against woman.
It is the situation that the institution of marriages and families are not insulated
from state
1 Chitwan Varma, Criminology and Socio-Cultural Aspect of the Anti-Dowry Law in India (2014)
intervention,
especially where there is violence against woman within these institutions.
In India,
every person speaks
and progress for woman's privileges and says ‘Beti Bachao Beti Padhao’ but girls even
after attaining the whole thing in her life; where begin considering of her
family but even then she cannot run off the shackle of dowry. Occasionally due
to dowry which are regularly common amongst the rural and backward people, they
kill their daughters after they are born or before their birth in the mother’s
womb itself in order that they can get away dowry.2 A number of laws
have been ratified to forbid the practices of dowry, but the lawful clutches
are weaker than the ambit of the practices of dowry system. In addition, this
stud will enumerate the communal and legal impact of dowry with its other
different aspects.3
Gender
is a general expression whereas gender inequality is signifies only for woman,
because they are victim of gender bias. It is an unkind fact that woman has been ill-treated in all communities for ages and India is no exemption4.
Genders
are societal constructs that ascribe various accountabilities and rights to
woman and man despite of personal capability or priorities. Genders and gender
power is reflected at every level of community. Therefore, a woman is always
exposing to a triple burden - they are accountable for domestic
accountabilities, for societal care provisions, and also contribute in the
labour forces.
It
also denotes a society in wherein both woman and man enjoy the same chances,
right and obligation in various phases of living. Equality in socio- economic liberty,
equal accesses to learning and right to practices a job of one’s
2 DeeptimanTiwary, Anti-dowry law to be amended, will allow room for compromise, Times of India
(2015)
3 Jain, Prakash Chand,
A Legal Study of Dowry Cases in India, Social
Science Journal for Advanced Research (2022 )
4 Monica Chawla, Gender Justice- Women and Law in India, Deep and Deep Publications, 2016
preference.
So as to encourage gender equality, it will necessary to woman empowerment, and
focus on fields which are most vital to her wellbeing.
Gender equality
is not related to woman only. Gender
equality is not treating man and woman similarly as biological
difference, sometimes need that man and woman be treated in a different way.
Gender Equality is a division of Indian statutory pledge and it represent
constitutional rights. Articles 14 confer equal right and chances to both man
and woman in the political, socio-economic periods. Art-15, Art- 15 (3),
Art.16, Art. 39 (a), Article39 (c) etc. also directed to evade any form of
inequity in case of sex or any other societal backgrounds. When man and woman
share equal of rights in socio-economic and legal dimension, then human
wellbeing will be boosted.
The UN regards gender equality as human rights.
Gender equality doesn’t
involve that woman and man are the same but they have equal values and
must be treated consequently. The UN illustrates that empowering woman is a
vital tool for attaining growth and decreasing poverty.
Dowry prohibition laws are administered by the IPC, Indian Evidence Act
and Dowry Prohibitions Act. In IPC, Section 304B and Section 498A connected to
these concerns whereas Sections 113A and Sections 113B includes the procedural
aspects and Sections 3, 4 and Sections 8 prohibit demanding of dowry.
Dowry Prohibition Act 1961
The
law was highly condemned for being ineffectual in decreasing and controlling the practices of dowry. It demanding that an accurate
list be kept that
describe each present provided, its values, the individuality of the persons
donating it, and the personal relationships to either party to the marriages. The goals of the law includes5:
5 Ramachandra , An Analysis
of the Dowry System in India: Causes and Remedies,
JETIR (2019)
·
To endorse marital
and family accord.
·
To efficiently working for make dowry-free community.
·
To offer foundation to battle against
the abuses of dowry law.
·
To make awareness
related to dowry
associated law and their harmful effect on the families.
·
To offer legal-aid
to the weak and backward
sections of the society.
·
To safeguard the wellbeing of child and the integrity
of Indian family.
·
To safeguard the interest of the elderly
and their respect
in community and to forbid
elder abuses via dowry associated regulation.
·
To set up deterrent against
malicious complaint and warrantless arrest.
It
bans the payments or acceptances of dowry as concerns for marriages. Demanding for or offering
of dowry can be penalized
by imprisonments of upto 6 months, fines upto Rs. 15,000
or imprisonment upto 5 years
Section
498A was initiated in 1983 to safeguard married woman from being subjected to
cruelties by their partner or relatives. The punishments extending to three
years and fines have been detailed. The expression “cruelty” has been denoted
in broad expression so as to include inflicting physical or mental hurt of women and including in acts of
harassments with views to coerce her or her relation to meet any illegal demand
for all properties or valuable security. Harassments for dowry fall within the
sweep of latter limb of this section. Making the situation driving the women to
do suicide is the key ingredient of “cruelty”.
Sec
498-A: Husband or relatives of husband of women subjecting her to cruelties -
Whoever, being the husband or the relatives of the husband of the women, subject such women to cruelty will be penalized with imprisonment for
the term which might widen to 3 years
and will be accountable of fine.6 Explanations - For
the purpose of the section, “cruelty” denotes:
(i)
all willful conducts which are of such the nature as
is likely to drive the women to do suicide or to reason grave injuries or
danger to life, limbs or health (mental or physical) of the women; or
(ii)
abuse of the women where such harassments are with the
view to coercing her or any individual associated to her to meet any unlawful
demand for any properties or valuable security or is on account of failure by
her or any persons associated to her to meet such demands.
Section 304B identifies the seriousness of dowry death
and impose strict
penalty on those found guilty. The accused confronts 7 years in prison
or life in jail if convicted. In this situation, the accused persons
bear the trouble
of proving that the death wasn’t reasoned by
cruelties or dowry harassments.7
In Arnesh Kumar vs. State of Bihar8 case the petitioners approached the Court for
allow anticipatory bail. S. 498A was performed with declared objects to
fighting the hazard of harassments to women by her partner and his family. The
Court pointed out that it is the reality that S.498A is an identifiable and
nonbailable crime has lent it a uncertain place of arrogance among the
provisions that are utilized as weapons by disgruntled wife, the easy method to
annoy is to get her partner and his family members arrested under these
provisions.
Section 113B of this act pointed
out that the Presumptions as to Dowry Death. If women die relating any demands for
dowry and it was shown that soon before her death she was subjected to harassments or cruelty by every individual. Then the Supreme court would
suppose such persons accountable for her death. Section 114B manages the principle of presumptions associated to the
6 Rebecca Furtado, Dowry Death and Cruelty in Indian Law: Suggested Reforms, June 22, 2016
7 Jaswal and Nishtha, Anti-Dowry Legislation In India, Journal of the Indian Law Institute. 79-82 (2020)
8 (2014) 8 SCC 273
abetments of suicide to married woman in the reason of dowry.
But a slight dissimilarity among Section 113A and 114B is that the presumptions of S.114B only came to the depiction if the prosecutions has some proof that the reason of death was cruelty or
harassments for dowry claim. Therefore, as per Section 114B, the presumptions
are conducted only when the prosecution establishes the case.
In Mustafa
Shahadal Shaikh vs. State of Maharashtra9, the ratio decidendi
of the court pointed out that
the languages employed in Section 304B, “soon before death” doesn’t explain any
exact time bound as such under both the IPC as well as in S. 113-B
of Indian Evidence
Act. It will entail that the intervals
shouldn’t be much among the
cruelty or harassments considered and the death in question.
In
Rajesh Sharma v State Of Up10 case manages with the section 498A of
IPC which are dowry harassments. Rajesh and Sneha got married in 2012 with the
realization of dowry
from bride side but the appellants weren’t
contented with the dowry
which has been offered and so after marriage the plaintiff was harassed
.After for a while the complainant pregnancy was
terminated which caused the appellants to left her wife at home .In this issue
the case was filed by summoning Rajesh Sharma as per section IPC 498A. This
case highlighted the demand for a balanced approaches towards the problem of
dowry harassment. While it is vital to safeguard the right of woman, it is also significant to make sure that the laws are not misused to
harass innocent persons.
In
Judgement of Pooja Saxena vs State 11 According to Section 3 of the
Dowry Prohibition Act, offering
to give dowry is the punishable crime,
but the petitioners do have safeguard of Section 7(3). Section 7(3)
offers that notwithstanding anything included in the law for the time being in
force, the statements made by the person aggrieved by the crime as per this Act
will not subject him to prosecution.
9 Criminal Appeal No. 1406 of 2008
10 (2017) 3 SCC 821
11 WP (Criminal) No 501/2010
Baijnath
vs. State of MP12 case, the prosecution wasn’t capable to establish
beyond doubts that the death of the victims were dowry associated. The Court
had held that simple death of the deceased, no subject how tragic it is, isn’t
sufficient to prove that death was the dowry death, therefore, neither enough
to raise presumption as per S.113 B.
In
Satbir Singh vs State of Haryana13 case, the Court held that the
expression ‘soon before’ as utilized in Section 304B can’t be implicit to
signify ‘exactly before’, the judgment affirmed. The Court has ruled that so as
to condemn somebody accused of reasoning dowry death, the prosecutions should
presents evidences proving that the dowry demands was convoyed by act of harassments
and cruelty.
Section
174 & 176 of CrPC manages the investigation related to the reasons of
unnatural death by police officials and magistrate. The amendments make it
mandatory for police officials to send the body for post mortem if the death of
women happened within 7 years of marriage in subject of suicide or dowry
related unnatural death.
Indian
constitution prepared provisions for woman concerning gender equality. The term
gender equality in the Constitution is specified in its Preambles, Fundamental
Right, Fundamental Duty and Directive Principle of State Policies. The Indian
statutory not only assures woman empowerment but also motivates the States to
accept different steps of equality and empowerment favouring woman.” As per Indian statutory system, Articles 14, Articles 15, Article 15 (3),
Article 16, Article 39 (a), Article 39 (b), Articles 39 (c) and Article
42 are of significant concerning gender equality.”14
12 (2017) 1 SCC 101
13 2021 SCC Online SC 404
14 Manuela and Sara Casaca,
Gender Relations and the Dowry System in India (2016)
Articles
14 describes - The States will not deny to any individual equality before the
laws or the equal protections of the law in Indian territories.
“Art.15 proscribes discriminations on the ground of “religion, race,
caste, sex and place of birth”. It can’t stop the
States from creating any special provision for woman and child.”
As per Art-39, the States will guarantee that man and woman have
equivalent rights to a sufficient living,
there is equivalent remuneration for man and woman, the financial systems don’t
result in the focus of wealth and material resource
is distributed to provide general purposes.”15
The explanations for continuing the dowry system have to do with socio-cultural,
religious, and economical factors as it is a complex phenomenon. The cause of
gender discrimination and unequal marriage as a class/caste problem in Indian
society originates from the distribution of unequal property
and its accumulation into some money-minded people which ultimately culminates in a malfunction of dowry through the institutionalization
of matrimony. The critical problem of the dowry system is that making a dowry
demand is a cultural oxymoron that bears no resemblance to the historical meaning and practice of this institution.
To
succeed over rigidness and severe
custom of the community it is vital for the
civilization and people
living in community to initiate modern
approaches against dowry. The
essence of gender equality can only be inculcated within people by make the
people conscious. Indian community is strict and patriarchal in nature
therefore to it is tasks of immense hard work to eliminate the deep rooted
tradition which is polluting the spirit of Indian community. To undertake
various social awareness campaigns, programmes to attain the purpose
of making
15 Ankita Chakraborty, Gender Justice Under Indian Constitution, International Journal of Legal Development,
2019
The
government should take effectual measures for stepping up ‘anti dowry literacy’
amongst persons via Lok Adalats, digital media, television and newspaper on a
‘continuing’ basis. Teenagers are the only ray of hope to efficiently fight the
threat of the dowry system. They should be provided ethical value based learning to widen their mindset and widen their viewpoint.
It
is never sufficient to just bring in acts and amends section to battle against
dowry. It needs stern and merciless enforcement of the law. That aspects still
leaves many to be preferred. Even if these allegations are taken very gravely
by the government, lack of appropriate and effective investigative processes always
causes the accused persons let free. The government authorities require to make sure the zero tolerance
policies for such criminals and guarantee enforcement of the laws via systemic change.
Dowry
isn’t an individual issue, therefore community must take all measures to bring
gender equality. Hence, the states must look at gender disaggregated
information across the lifecycle to deal with gender inequality. There is an urgent
requirement to expand child care and safe public transportation, lessen
discrimination in hiring,
and make affirming
workplace environment.
Chitwan Varma,
Criminology and Socio-Cultural Aspect of the Anti-Dowry Law in
India (2014)
DeeptimanTiwary, Anti-dowry law to be amended, will allow room for compromise,
Times of India (2015)
Jain, Prakash
Chand, A Legal Study of Dowry Cases in India, Social Science Journal for Advanced Research
(2022 )
Monica Chawla,
Gender Justice- Women and Law in India, Deep and Deep Publications, 2016
Ramachandra , An Analysis
of the Dowry System in India: Causes
and Remedies, JETIR (2019)
Rebecca Furtado, Dowry Death and Cruelty in Indian Law: Suggested
Reforms, June 22, 2016
Jaswal and Nishtha, Anti-Dowry Legislation In India, Journal of the Indian Law
Institute. 79-82 (2020)
Manuela and Sara Casaca,
Gender Relations and the Dowry System in India
(2016)
Ankita Chakraborty, Gender Justice Under
Indian Constitution, International Journal of Legal
Development, 2019
Issues Related To
Dowry Laws In India https://www.nujssacj.com/post/issues-
related-to-dowry-laws-in-india
Dowry Law, https://ebooks.inflibnet.ac.in/hrdp05/chapter/dowry-law/
Article Information
DOWRY SYSTEM-: UNEQUALIZING GENDER EQUALITY
Authors: ARUDITA DIMRI
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/27
- Issue 7
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International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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