M.A. (WOMEN STUDIES) PART II PAPER VII SEMESTER IV WOMEN AND SOCIETY

LESSON NO. 1.4 AUTHOR : PADMINI JAIN

PROBLEM OF IN INDIAN SOCIETY INTRODUCTION: We get to read and hear about the young brides being burnt or beaten to death for the sin of not having brought enough . The incidents of female foeticide despite the strict laws against sex determination come to light every now and then. Has the Indian woman been conditioned to bear all this injustice? Is the law only a tiger with paper teeth? Do the parents, in love for their daughters accumulate her pyre in form of her trousseau? Has the media unconsciously helped to propagate the practice of dowry by highlighting the huge gifts by the rich? Have the cases of dowry deaths and , though rarely reproted, woken the public against the evils of this exercise? Is the woman today ready to stand against the venome of dowry? Come let us try to find answers to these questions in this lesson. The against women in the greed for dowry have converted this social practice into a social evil, activism and laws against which are actively staged and framed. The next chapter deals with the need for dowry eradication. The government’s efforts and the need for society’s awakening will be dealt with. In this lesson however, we shall focus on the study of the concept, practice and prevalence of dowry in different countries, while discussing ’s case in detail. MEANING AND DEFINITIONS OF DOWRY: What is dowry in its literal sense? The dictionary meaning of dowry has also come to be influenced by its social usage. Though we all understand the practice and concept, especially by living in India, yet to be able to define it formally, let us study some definitions and encyclopedias and dictionaries hold for dowry: • Money, property, or material goods that a bride’s family given to the bridegroom or his family at the time of the . • A dowry (also known as trousseau) is a gift of money or valuables given by the bride’s family to that of the groom to permit their . • The property that a woman brings to her husband at the time of the marriage.

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• Dowry, is a property which can include cash, material goods, or land that a wife or wife’s parents give to the husband or husbands parents upon marriage. • Dowry or Dahej means payment in cash or/and kind by the under family to the bridegroom’s family along with the bride (called Kanyadaan) in Indian marriage. Kanyadanam is an important part of Hindu marital rites. Kanya means daughter, and dana means gift. As per the Dowry Prohibition Act, 1961: “dowry” means any property or valuable security given or agreed to be given either directly or indirectly. (a) By one party to a marriage to the other party to the marriage, or (b) By the parent of either to a marriage or by any other person, to either party to the marriage or to any other person. However if you think that this practice is prevalent only in our country then you do not have an idea of how vastly this practice is followed almost all around the world. It is not unknown to dictionaries and social customs over the globe. It would be interesting to see what dowry is known as in different languages. You would have a better idea of its omnipresent nature when we discus the practice of dowry across various cultures. Activity I Look up in dictionaries of the different languages that you know the meaning of ‘dowry’. Also talk to your friends from different religions, , states or countries to find out how the custom of dowry is treated and followed among their community. THE PRACTICE OF DOWRY: ACROSS CULTURES: The dowry apparently originated in the giving of a marriage gift by the family of the bridegroom to the bride and the bestowal of money upon the bride by her parents. In many cultures, the dowry not only helps to cement the relationship between the bride’s and groom’s families but also serves to reinforce traditional family roles and gender roles. It has been a well-established institution among the propertied classes of various lands and times, e.g., in ancient Greece and Rome, India, medieval Europe, and modern continental countries. Generally the husband has been compelled to return the dowry in case of divorce or the death of the wife when still childless. One purpose of the dowry was to provide support for the wife on the husband’s death, and thus it was related remotely to the rights of M.A. (WOMEN STUDIES) PART II 54 PAPER VII dower. In civil-law countries the dowry is an important form of property. In England and the United States (except for Louisiana), the dowry system is not recognised as law. In societies where payment of dowry is common, unmarried women are seen to attract stigma and tarnish the family reputation, so it is in the bride’s family’s interest to marry off their daughter as soon as she is eligible. In some areas where this is practised, the size of the necessary dowry is directly proportional to the groom’s social status, thus making it virtually impossible for lower class women to marry into upper class families. In some cases where a woman’s family is too poor to afford any dowry whatsoever, she is either forbidden from ever marrying, or at most becomes a concubine to a richer man who can afford to support a large household. Dowries have been part of in almost all countries, Europe included. Dowries were important components of Roman . IN DIFFERENT COUNTRIES: Dowry in Europe: Dowry was widely practiced in Europe, being found from classical Greece to Victorian England. It was regarded as contribution of bride’s family to the married household’s expenses. With the advent of Christianity and religious orders, women also brought their dowries with them when they became nuns. Failure to provide a customary, or agreed-upon, dowry could call off a marriage. William Shakespeare made use of this in Measure for Measure: Claudio and Juliet’s premartial sex was brought about by their families’ wrangling over dowry after the betrothal; and Angelo’s motive for forswearing his betrothal with Mariana is the loss of her dowry at sea. Customs varied widely, but some were widespread. Normally the bride would be entitled to her dowry in event of her widewhood, prior to the evolution of her dower rights; so common was this that the terms ‘dowry’ and ‘dower’ are sometimes confused. In event that the couple were childless, the dowry normally reverted to the bride’s family, sometimes the groom could retain possession of it through his lifetime, or untile he remarried. One common penalty for the kidnapping and rape of unmarried women was that the abductor or rapist had to provide the woman’s dowry. Providing dowries for poor women was regarded as a form of charity, especially as such dowries could enable them to marry, when their only alternative would be prostitution. The custom of Christmas stockings springs from a legend of St. Nicholas; in which he threw gold in the stockings of three poor sisters, thus providing for their dowries. St. Elizabeth of Portugal M.A. (WOMEN STUDIES) PART II 55 PAPER VII and St. Martin de Porres were particularly noted for providing such dowries, and the Arch confraternity of the Annunciation, a Roman charity dedicated to providing dowries, received the entire estate of Pope Urban VII. Dowry in China: The similarity between the dowry system in China and the is that it serves as a way for the family to secure some of its wealth for its daughters as women could not inherit property in the orthodox confucian society of China. However, there are many important differences between the two and these include: Unlike the Indian dowry system which was brought in by the foreign colonialists and imperialists, the Chinese dowry system is indigenous and has lasted for thousands of years. Unlike the Indian dowry system in which the transaction seldom ends with the wedding, the Chinese dowry system is often an one-shot deal that ends with the wedding. Ancient China (as well as modern China to a certain degree) is a patriarchal society dominated by the orthodox Confucian traditions, in which it is a great shame for a man who cannot provide for his wife and thus has to survive on his wife’s assets, such as her income or her dowry. As a result, the dowry is often served as a private savings of the wife and the groom and his family have far less power in controlling and using the assets like the Indian groom and his family. Although the Chinese wife might have greater autonomy than her Indian counterpart, the orthodox Confucian tradition dictates that the dowry assets should be used in the following order to support her husband when the assets of husband are not enough: • For the eldest son’s education when his livelihood can be provided but not enough for his education. • For the remaining sons’ education when their livelihood can be provided but not enough for their education. • For the livelihood of the eldest son when there is not enough to do so • For the livelihood of the remaining sons when there is not enough to do so • For the livelihood of daughters until they marry • For the livelihood of the parents • For the education of the groom’s brothers when there is enough for their livelihood but not enough for their education (often until the brothers marry) M.A. (WOMEN STUDIES) PART II 56 PAPER VII

• For the education of daughters In India: The Dowry system, which was non-existent in India before the eighteenth century, can be attributed to the coming of the colonial and imperialist British with their land ownership rights and the associated revenues. Prior to the British instituted system, no single person held land ownership - in fact the village as a whole owned the land so no give or take could be possible during . Once individual and fractious land ownership was forcibly introduced by the British, it became possible for land to be traded and offered as gift or transferred. Prior to the British Dowry system, the only wealth given during weddings was the jewellery/ ornaments passed from mother to daughter as has been happening since generations. Even now this tradition continues, but has been subsumed by the larger British Dowry system. Interestingly, the system of dowry does not exist in the most English of Britain’s former colonies - namely, Canada, Australia, and the United States. This suggests that the India dowry system probably has at least some roots in indigenous Indian culture. Activity II Keep a tab over the television channels like Discovery and The History Channel. Whenever they telecast a programme related to the history and the present practice of dowry in different parts of the world, watch it and make notes to add to your knowledge of the concept.

PRACTICE OF DOWRY IN INDIA: Let us discuss briefly, the status of , both historically and currently, to be able to better understand her present day conditions that have made dowry a major problem in the Indian society. Also the reasons and causes behind the beginning of this practice. We shall then the better equipped to understand the current features of this tradition. STATUS OF WOMEN The status of women in India has been subject to great changes over the past few millennia. From a largely balanced society in ancient empires through the low points of the middle ages, from the rigid rules of the colonial era to the mixed attitudes of the current era, the history of women in India has been eventful. Throughout history it has been improving. Education: Under Non-Formal Education programee, about 40% of M.A. (WOMEN STUDIES) PART II 57 PAPER VII the centers in states and 10% of the centers in Uts are exclusively reserved for girls. As of 2003, about 0.3 million NFE centers were catering to about 7.42 million children, out of which about 0.12 million were exclusively for girls. Currently, in engineering, medical and other colleges, 30% of the seats have been reserved for women. Being unaware and uneducated, the woman still remains the weaker section of the Indian society. She sucumbs to ill treatment in the name of custom and tradition. She is easily made the victim of socially dangerous practices like dowry as she is not aware about her rights and the protections that the law provides her. Missing Women: Based on comparison of gender ratios in India with those of developed countries, up to 50 million girls and women are assumed missing (1997 U.N. report) from India’s population. While this is said to be the result of systematic discrimination, including the abortion of female fetuses (officially banned), this could be in fact be also composed of several different reasons such as biology, genetics, higher deaths during childbirth etc. The sex ratio had also dropped from 97 women for every 100 men in 1921 to 92.7 in 2001. Although illegal, , caused largely by poverty butterssed by the cultural bias against women, has been known to happen sporadically in recent times. The incidents are propelled by reasons such as dowry. Fearing that they may not be able to arrange for hefty dowries for their daughters to guarantee their happiness after marriage, parents prefer not to give birth to a girl child. If she has to die as a tortured bride later, she might as well die as an infant now. Though foeticide is practiced abundantly, infanticide is confined to certain regions. Dowry: The ancient custom of (“giving away of the daughter”), where the father presented his daughter with jewelry and clothes at the time other marriage, and vardakshina (“gifting the groom”) where the father presented the groom with kith and kind are, in essence the dowry system. Amongst the urban educated, dowry has become reduced to a giving and receiving of gifts by both in-laws to the newly married couple. Generally, a limit is agreed upon before the wedding. Historically: The seeds for the exploitation and suffering of the women through practices like dowry had been sown in the past. Some of the other rituals of the past have been more devastating. Let us see how the Indian woman has suffered in the name of tradition since centuries: M.A. (WOMEN STUDIES) PART II 58 PAPER VII

Sati: is an old funeral custom in which the widow was immolated alive on her husband’s funeral pyre. The act was supposed to be voluntary on the widow’s part, and was deemed an act of peerless piety. In practice THOUGHT, it is believed to have been sometimes forced on the widow by various social pressures, by relatives eager to obtain the widow’s property or was committed to escape the widow’s vulnerability to rape and sexual abuse by other men. The custom of the immolation of a widow (or other close relatives and slaves) is not unique to India; it was also practiced by the ancient peoples of Scythia, Egypt, Scandinavia and China. Jauhar: Jauhar refers to the practice of the voluntary immolation of all the wives and daughters of defeated warriors, in order to avoid capture and consequent molestation. Thus, it was generally the last act of the women in a community under attack, before the men launched their final offensive against the enemy. Jauhar was limited to the Kshatriya named Rajputs, who formed the upper and ruling classes and castes of Rajasthan. They are known to place a high premium on honour women who practiced it gained respect in the community. Child Marriage: Child marriage of girls as young as five years old was common due to the custom of dowry in such cases, the marriage was consummated and the girl lived with her husband after she reached puberty. Although child marriage has been outlawed since 1860, it is still a problem in some areas today. The Purdah System: The seculusion of women from the sight of men or strangers, practiced by some and . Reform Movements: Raja Ram Mohan Roy and Mahatma Jotirao Phule fought for the upliftment of women. Following social reformer Raja Ram Mohan Roy’s relentless efforts in the form of petitions, writings and the organizing of vigilance committees, the practice of Sati was abolished by law in British India in 1829. Jauhar and child marriage have also been abolished by the law. The cases of child marriage can stilld be heard frequently, though those of Sati are very rare in the modern Indian society. Purdah persists, especially among Muslim families. Social activists and the government have been trying to reform the society of the evils like dowry. Laws: The social reformers of the nineteenth and early twentieth centuries have striven hard for the abolition of various social evils M.A. (WOMEN STUDIES) PART II 59 PAPER VII including the evil of dowry system. Long before India gained independence, the then provincial Government of Sind passed an enactment known as “Sind Deti Leti Act, 1939” with a view to deal effectively with the evils of dowry system but the enactment had neither any impact nor could create the desired effect. During the last few decades the evils of dowry system has taken an acute form in almost all parts of the country and in almost all the sections of society. In a bid to eradicate this evil from the society, the State Governments of Bihar and Andhra Pradesh enacted “The Bihar Dowry Restraint Act, 1950” and “The Andhra Pradesh Dowry Prohibition Act, 1958” for the respective States, but both these enactments failed to achieve the objectives for which they were enacted. The evil of dowry system was assuming enormous proportions and the minds of right thinking persons both outside and inside the State Legislatures and the Parliament were shattered. The matter was raised in the Parliament in very first session of the Lok Sabha. Many proposals far restraining dowry were placed in the Parliament in the form of Private Members Bills. During the course of discussions on a non-official Bill in the Lok Sabha in 1953, the then Minister of Law gave an assurance to the House that a bill on the subject would be prepared in consultation with the State Governments. In pursuance of the assurance, a Bill was subsequently submitted for consideration of the enactment of the Hindu Succession Act. After the enactment of the Hindu Succession Act. in 1956, the Government felt that a separate legislation to prohibit dowry was not again agitated in the Parliament as well as in State Legislatures. On account of pressure both at political and social levels, the Government finally decide to process the legislation. On 24th April, 1959 the dowry prohibition Bill, 1959 was introduced in the Houses of Parliament. The Joint Committee presented its report with some amendments in the Bill. Both the Houses of Parliament did not agree with the amendments as reported by the Joint Committee and ultimately the Bill was considered at the Joint Sittings of both the Houses of Parliament held on 6th and 9th May, 1961. ORIGIN OF DOWRY: The ancient marriage rites in the are associated with Kanyadan. It is laid down in Dharmashastara that the meritorious act of Kanyadan is not complete till the bridegroom was given a dakshina. So when a bride is given over the bridegroom, he has to be given something in cash or kind which constitute varadakshina. Thus Kanyadan became associated with varadakshina i.e. the cash or gifts in kind by the parents M.A. (WOMEN STUDIES) PART II 60 PAPER VII or guardian of the bride to the bridegroom. The varadakshina was offered out of affection and did not constitute any kind of compulsion or consideration for the marriage. It was a voluntary practice without any coercive overtones. In the course of time, the voluntary element in dowry has disappeared and the coercive element has crept in. It has taken deep roots not only in the marriage ceremony but also post-martial relationship. What was originally intended to be a taken dakshina for the bridegroom has now gone out of proportions and has assumed the nomenclature ‘dowry’. The practice of the bride giving a dowry to the groom is said to have originated in the system of streedhan (woman’s share of parental wealth given to her at marriage). As a woman had no right to inherit a share of the ancestral property streedhan was seen as a way by which the family ensured that its daughter had acess to some of its wealth. It was also a recognition that not only the husband was responsible for providing for his wife, but her father shared this responsibility. There is no clear proof as to when this practice was first started in India. Dowry originated in upper caste families as the wedding gift to the bride from her family. The dowry was later given to help with marriage expenses and became a form of insurance in the case that her in-laws mistreated her. Although the dowry was legally prohibited in 1961, it continues to be highly institutionalized. The groom often demands a dowry consisting of a large sum of money, farm animals, furniture, and electronics. In the recent times, as women have better economic opportunities, this tradition no longer holds valid. Yet, it is still practiced in India. What began as gifts of land to a woman as her and sharing of the economic burden of protector and provider role between the two families in.... agricultural, economy, today has degenerated into gifts of gold, clothes consumer durables, and large sums of money, which has impoverished or heavily poor families. The dowry is often used by the receiving family for business purposes, family members’ education, or given to the husband’s sisters again mostly as dowry in their marriage. Sometimes the transaction often does not end with the wedding as the family is expected to continue to give gifts. PRESENT PREVALENCE: In India, the practice is still very common, in arranged marriages and in rural areas as it is widely recognized as a Traditional Ritual of Marriage. Demanding dowry is prohibited by law as of 1961 but these laws are highly misused. Some families refuse, to take part in this ritual M.A. (WOMEN STUDIES) PART II 61 PAPER VII due to the law. But the number of those not engaging in dowry can be counted on fingers. It is a widely practiced social norm to take and give dowry in the name of love or happiness of the daughter and her in laws. The dowry system has permeated every section, class, caste and religion and even the more egalitarian tribal communities, particularly during the past one and a half decades, coinciding with the progressive implementation of neo-liberal economic policies. It is no longer a problem of just the BIMARU states (Bihar, Madhya Pradesh, Rajasthan, Uttar Pradesh); it is also prevalent in states that have higher-than-average literacy rates and high prosperity levels and among communities that have not traditionally practiced the system. The practice has crept into societies that had hitherto been unaffected by it and is accompanied by heightened consumerism. For some communities in Assam and Uttaranchal, the practice is relatively new. In other States, like Kerala, the expenditure on marriages has gone up and the liabilities in terms of debts range from Rs. 15,000 to Rs. 4 lakhs among urban parents. For rural families, the quantum is different but equally prohibitive. The starting of a new business, a journey abroad, and even the construction of a house are all occasions to ask for money from the bride’s family. In several communities, especially among and tribal people, the system of has been gradually displaced by dowry. The withdrawal of women from the agricultural economy and the lower work participation rates of women even in prosperous states such as Haryana and Punjab have resulted in a decline in the status of rural women. Also, there is no direct correlation between dowry and the levels of education and employment. It is not the case that a higher level of education necessarily leads to a lower demand for dowry. ACTIVITY III Closely observe the rituals followed in your home during the festivals and religious ceremonies carried out at the time of marriage, death, Greh Pravesh, Rasam Pagri, Mundan, Janau ceremony, Ann Prashan etc. Now make a list of the activities involved under the following titles: What did the men do? What did the women do? Who was the main person to carry out the activity? Who presided over the ceremony? What seems to be the relegious relevance of the ceremony? What do the rituals indicate about the position of the woman in the household?.. M.A. (WOMEN STUDIES) PART II 62 PAPER VII

THE PROBLEM - DOWRY A SOCIAL EVIL: The practice of dowry seems to have started with a noble cause of letting the daughter have a secure share in the family wealth and ensuring her independence in case of any mishappening. Then what has made it a problem worth eradicating today? Dowry often becomes synonymous with , ill treatment and exploitation of women. It also is seen as the reason behind female foeticide and infanticide. In the course of time dowry has become a widespread evil and it has now assumed menacing proportions. With the increasing greed for the easy inflow of money on account of a bride the chilling stories of bride burning started coming to light. Extracting of dowry in return for agreeing to a wedding has been illegal since 1960. Despite this, there have been many cases of attempted of newly married women whose parents are unable to pay the cowry amount requested by the in-laws, which can be both initially excessive and increased after the marriage. One report [Kitchen 1997] claims that at least 5,000 women die each your because of dowry deaths, and at least a dozen die each day in ‘Kitchen fires’ thought to be intentional. Inspite of the connections to the custom of dowry, these are a form of domestic violence and a result of pure greed. is when a bride is murdered by her groom’s family for refusing to pay dowry. Time magazine reported that dowry deaths in India increased from around 400 a year in the early 1980s to around 5,800 a year by the middle of the 1990s. It is not known whether this represents an increase in incidence or whether it reflects increased reporting due to the rise of women’s groups in India. Bride-burning is term used to describe a form of domestice violence practiced in parts of India, Pakistan, Bangladesh and other countries located on or around the Indian subcontinent. In bride-burning, a husband or the family of the husband douses the man’s wife with kerosens, gasoline, or other inflammable liquid, and sets the woman alight. (Also known as ‘dowry murder’). Bride-burning is often diaguised as a kitchen accident or . Many cases of bride burnings are not reported as such, and the exact number of victims can only be estimated. In 2003, the latest year in which statistics are available from the National Records Bureau of India, confirmed and reported dowry deaths, including bride burning totaled 6,208. Husbands who participated in these crimes may believe that burning M.A. (WOMEN STUDIES) PART II 63 PAPER VII their wife is a good way to remove her without evidence, and may provide for an opportunity to marry again and thus receive a larger dowry, The practice of dowry abuse is rising in India. It is evident that there exist deep rooted prefudices against women in India. Cultural practices such as the payment of dowry tend to subordinate women in Indian society. ACTIVITY IV 1. While reading today’s newspaper keep a tab over the news items related to women. How many of these deal with the or exploitation of the women at the hands of the family or relatives. Can you see through the reasons actually mentioned in the news for this treatment? Do any of these seem to you to be the result of the greed for dowry? 2. In your family and neighbourhood, whenever you hear of incidents of injuries, suicide or depression among the women, try to find if they are related to dowry?

SUMMARY: The material goods, jewellery, cash or property that a girl brings with her to the in laws upon her marriage signifies dowry. The practice of dowry is known in many countries around the world with regional variations in the tradition. People of European, Asian and African origins engage in the practice, though each has its own reasons and methods. In India, the social practice of dowry can be traced back to the Vedic times. It has survived in different religions with the aim of providing security to the woman upon divorce or death of husband or for ensuring her right in the paternal property. However, in the current times, this tradition seems to have lost its sanctity and has turned into a way to grabbing more and more to satisfy the greed. In the age of materialism and consumerism, media, literature and legends promote the idea of extracting wealth from the bride’s side. The parents and the girls of marriageable age are under constant pressure to save and accumulate dowry to be able to get married and earn respect and security. This in turn has given rise to problems like femal foeticide, infanticide, bride burning, torture and dowry deaths. Dowry has assumed the status of a social evil and an obstacle in the way of development of women in India. SELF ASSESSMENT EXERCISE: Read the above content carefully and try to answer the following questions in about the hundred words each. You may also take help from M.A. (WOMEN STUDIES) PART II 64 PAPER VII the book and article mentioned below. • What do you understand by the term dowry? Give some dictionary definitions. • Discuss the prevalence of the practice of dowry in varied cultures around the world. Cite the case of India in detail. • Does the status and role of women in the Indian society propel the evils practiced in the name of dowry? Where do you think this practice originated and how has it changed over the times? • Is dowry an evil practice? Why did it start in the first place if it is so bad? What problems does it pose to the Indian society today? DEALING WITH THE PROBLEM OF DOWRY Dowry is the property (which can include cash, material goods, or land) that a wife of wife’s family gives to the husband upon marriage. IN certain socieities the dowry forms part of an exchange of wealth between intermarrying families; it is often accompanied by some payment made by the groom to the bride’s family, called the brideprice or bridewealth. Bridewealth is still a fundamental part of certain African cultures, whereas dowry payments have most often been found in Middle Eastern, South Asian, and some European societies. In most countries, the dowry constitutes a “tinct and important form of property. The dowry is given to the husband, who has exclusive control and administration of it during marriage, to be employed in defraying the expenses of the family. The dowry may also serve as insurance against bad treatment of the wife by the husband; it must be forfeited to the wife’s family in case of divorce. The wife may not deprive the husband of its control, and he, on the other hand, is bound to protect the property that he receives as dowry. In India despite legislation dating back to the 1950s against the dowry system, the giving of “gifts” to the couple by the bride’s family has proved difficult to eradicate. Families of grooms can demand a high price, especially if they are well employed. In recent years, strong opposition has arisen in India against the system, especially following incidents of “dowry deaths”, where the continuing demands of the groom’s family not having been met has resulted in the ill-treatment and murder of the bride. We have discussed the practice of dowry and its ill effects in the previous lesson. As we now understand that dowry must be abolished from the Indian society, let us now discuss the ways to do so. In this lesson, M.A. (WOMEN STUDIES) PART II 65 PAPER VII we shall study in detail the need and the measures to eradicate dowry including the government efforts, the constitutional laws and our own roles. NEED FOR ERADICATION OF DOWRY FROM THE INDIAN SOCIETY: The giving of a dowry upon marriage has been part of many cultures, and it has continued and even flourished in many areas with large Hindi populations. The practie of giving dowry has been prohibited by law in India as of 1961 by the Dowry Prohibition Act (amended in 1984 and 1986). In an effort to prevent bride-burning and other types of dowry crimes, police in India have begun setting up offices and shelters to help the victims of bride-burning and other dowry crimes. A national survey conducted by the All India Democratic Women’s Association on the prevalence of the dowry system, in 16 States and , reveals that the dowry system is widespread and has permeated every section of society. “Even as we did the survey, a very ordinary looking girl was beaten up with a spice grinding machine. Her fault: she was not good-looking, nor did she bring enough dowry.” “Be it any income group or caste, every section is obliged to spend up to Rs. 1 lakh at least on their daughters wedding.”- are some of the observation of the survey. The National Crime Records Bureau says there are over 6,000 dowry- related deaths every year. The liberalised, consumer driven 1990s saw a surge in dowry related deaths from 400 a year in the mid 1980s to 6,000 a year in the mid-1990s. The 2001 census mirrors the damage to the status of women and girls in the last decade. The declining child sex ratio in the country (923 girls/1,000 boys from 0-6 years), largely due to sex selective abortions, has been reported mostly from so-called “developed” states, which are industrialised, have large consumer markets and high economic growth. Punjab leads the pack (793), followed by Haryana (820), Delhi (865), Gujarat (879) and Maharashtra (917). The data forces us to believe that urban, modern aprents prefer sons. Many have abused ultrasound technology to check whether they will have a daughter or son. One of the reasons cited for not wanting girls is the liability they pose in terms of a dowry. Social discrimination, patriarchy, consumerism, technology, and violence against women- the cycle is only getting more vicious. A study on perceptions of dowry of unmarried women and their parents reflected the nature of the stress and pressure that has accumulated among the lowest-income groups. The data collected and the M.A. (WOMEN STUDIES) PART II 66 PAPER VII analyses made were harsh pointers to the greed of the system, the denial of equal property rights to women, the denial of matrimonial rights, and the links dowry has with land ownership and also higher education. The worst fears were confirmed in the responses of the 9,000 questionnaires - that almost all crimes against women, including female foeticide and infanticide, were linked to the practice of dowry. Interviews with parents of unmarried young women revealed that the practice was not prevalent 30 to 40 years ago but had grown rapidly in the last 10 or 15 years. However, a woman rarely retains control over the dowry amount as it is often appropriated by her in-laws. Dowry is a phenomenon that goes beyond the ritual of marriage, ...... child-birth and ..... kinds of religious and family functions are occassions when such demands are made. There are several reasons for the prevalence of the dowry system but the main one is chat it is a necessary precondition for marriage. “No dowry, no marriage”, is a fear that is widespread. Thus it is clear that the practice of dowry is turning into a ground for criminal activities. It is seen as a reason enough to kill unborn daughters or newly married brides; to torture wives or subject girls to domestic violence; to burn women or exploit them all through her life; to exert pressures on her maternal family or deny her shares in property. To protect her and let her lead a respectable and fearless life, the practice of dowry must be eradicated. Laws must be framed and executed and social activism nurtured. ACTIVITY I When we go through the newspapers or magazines, some articles or news items appear about the practice of dowry. Cut and collect these pieces and pictures. (These may include the details of the dowry given by some wealthy persons like Laxmi Mittal; tables or graphs depicting the statistics regarding dowry deaths or bride burning; photographs of a girl with her dowry lined up; news about girls like Nisha Sharma who dare to stand against the practice etc.) After you have collected enought of these, stick them all on a chart paper making a collage. Now look at it. What do you feel?

LAWS AGAINST DOWRY IN INDIA: Payment of a dowry, gift - often financial, has a long history in many parts of the world. In India, the payment of a dowry was prohibited in 1961 under Indian civil law. This instrument is supported by several M.A. (WOMEN STUDIES) PART II 67 PAPER VII sections of the . The application of some of these code has become controversial. Some of the laws against dowry are: 1. The 1961 Dowry Prohibition Act 2. IPC Section 304B 3. IPC Section 498A 4. The Protection of Women from Domestic Violence Act, 2005 THE 1961 DOWRY PROHIBITION ACT: This act prohibits the request, payment or acceptance of a dowry. It makes void any agreement to pay a dowry. It replaces several pieces of anti-dowry legislation that had been enacted by various Indian states. With a view to eradicate the rampant social evil of dowry from the Indian society, Parliament in 1961 passed the Dowry Prohibition Act which applies not merely to Hindus but all people, Muslims, Christians, Parsees and Jews. It extends to the whole of India except the State of Jammu and Kashmir. ACT 28 OF 1961 The Dowry Prohibition Bill was passed in the Joint Sitting of both the Houses of Parliament and it became an Act - The Dowry Prohibition Act, 1961 (25, 1961) and it received the assent of the President on 20th May, 1961. LIST OF AMENDING ACTS 1. The Dowry Prohibition (Amendment) Act, 1984. 2. The Dowry Prohibition (Amendment) Act, 1986. As you see, this law has been amended from time to time to suit the needs of the society and make the law more stringent. Let us now go though some of the implications of this law. • WHAT CONSTITUTES DOWRY? 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 parents of either party to a marriage or; - By any other person to either party to the marriage. • BAN OF ADVERTISEMENT Any advertisement in any newspaper, periodical, journal or through any other media offering dowry as consideration for marriage is punishable with imprisonment for a term not less than 6 months and it may extend upto 5 years or with fine upto Rs. 15,000 (Fifteen thousand). M.A. (WOMEN STUDIES) PART II 68 PAPER VII

• DOWRY AGREEMENT - NOT VALID An agreement for giving and taking of dowry shall be void. • EXCEPTIONS 1. The dower or given during marriage under the Shariat (Muslim Personal) Law. 2. Gifts that are given to the bride or the bridegroom at the time of the marriage (without any demand being made) will not amount to dowry, if such presents are entered in a list in the following manner: - The bride shall maintain the list of presents given to the bride. - The bridegroom shall maintain the list of presents given to the bridegroom. - The lists shall be prepared at the time of marriage and shall be in writing. - The list shall contain a brief description of each present, approximate value, the name of the person who presented it, relationship of the presenter to the bride or the groom. - The list shall be signed (or thum impression) by both the bride and the groom. • WHERE DOWRY ALREADY GIVEN Where any dowry is received by any person other than the woman in connection with whose marriage it is given that person shall transfer it in the name of the women: - If it was received before marriage or after the marriage within three months after the date of marriage. - If it was received at the time of marriage or after the marriage within three months after the date of it’s receipt. - If the dowry was received when the woman was a minor within 3 months after she has attained the age of 18 years. Pending such transfer that person shall hold the dowry in trust for the benefit of the woman. In the event of death of the woman dowry shall be transferred to her children or her parents. If any person fails to transfer any property within the time limit specified, he shall be punishable with imprisonment for a term not less than 6 months, but which may extend to 2 years or with fine which shall not be less than Rs. 15,000 (Fifteen thousand) or with both. M.A. (WOMEN STUDIES) PART II 69 PAPER VII

• REMEDIES AVAILABLE Giving, taking and demanding dowry is a criminal offence under the Dowry Protection Act and the Indian Penal Code. Under the Dowry Prohibition Act only Metropolitan Magistrate or the Magistrate of the first class is competent to try these offences. A complaing may be made in the following manner: I. A complaint may be filed in the court of the Metropolitan magistrate or the Magistrate of the first class by the following: - The person aggrieved of the offence - A parent or - Other relation of such person or - By a recognised welfare institute or organisation II. A complaint may be filed by the above mentioned persons in the police station or in the crime against women Cell who then makes an investigation in the matter and reports the facts to court which then takes cognizance of the matter. The Metropolitan Magistrate or the Magistrate of the first class may take cognizance himself if such facts come to his own knowledge. III. A complaint may be filed under the Indian Penal Code for cruelty by husband or relatives of husband. The Code of Criminal Procedure shall apply to offences under the Dowry Prevention Act as if they were cognizable offences. - for the purpose of investigation of such offences. - arrest a person without a warrant or without order of a magistrate. Every offence under this act is non bailable and non compoundable offence. • BURDEN OF PROOF Where any person is prosecuted for taking or abetting the taking of any dowry or the demanding of dowry, the burden of proving that he has not committed an offence shall be on him. (One of the principles of the Indian Criminal Law is that a person is innocent until proven guilty and the onus of proving the guilty is on the complainant/ prosecutor. Tills onus has been shifted in certain specify offences such as Dowry, Rape, etc.). • PENALTY FOR TAKING OR GIVING DOWRY The giving, taking or even abetting to give or take dowry amounts to an offence punishable with imprisonment for not less than 5 years and with fine which shall not be less than Rs. 15,000 (Fifteen thousand) or the M.A. (WOMEN STUDIES) PART II 70 PAPER VII amount of value of the dowry, which ever is more. • PENALTY FOR DEMANDING DOWRY If any person demands directly or indirectly, from the parents or other relatives of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with an imprisonment for a term which shall not be less than six months but which may extend to two years and with fine which may extend to Rs. 10,000 (ten thousand). • LIMITATION There is no period of limitation for filing a complaint under the Dowry Protection Act. For example : If a person was harassed for dowry in the year 1996 she can file a complaint in the year 2001 or even later as for prosecution under the Act bar of limitation has been removed. • DOWRY PROHIBITION OFFICERS The Act also empowers the State Government to appoint Dowry prohibition officers and they have the following powers and functions. - To ensure the compliance of the Act. - To prevent the taking or demanding of dowry. - To collect evidence necessary for the prosecution of persons committing offence under the Act. - To perform additional functions as may be assigned to him by the State Govt. • DOWRY DEATHS The Indian Penal Code provides that where any women dies an unnatural death within seven years of her marriage and it is shown that she was harassed or subjected to cruelty by her husband or his relative for dowry, such death shall be called a Dowry death. The husband or the relative shall be deemed to have caused the death of the women. The offence is punishable with imprisonment of not less than seven years (Section 304B Indian Penal Code). • CRUELTY/HARASSMENT TOWARDS WOMEN Whoever, a husband or relative of the husband subjects such women to cruelty, they shall be punished with imprisonment for the term of three years. Cruelly has been defined as: - Any conduct which is likely to drive the women to commit suicide or to cause grave injury or danger to life, limb or health (Mental or physical) of the women, or. - Harassment with a view to coercing her or any person related to her to meet any lawful demand for property or valuable M.A. (WOMEN STUDIES) PART II 71 PAPER VII

security or is on account of failure by her or any person related to her to meet such demand. (Section 498A Indian Penal Code). • GIFTS UNDER (STRIDHAN) Gift is a relinquishment without consideration of one’s own right in property and the creation of the right of another. A gift is completed only on the other’s acceptance of the gift. • WHAT PROPERTY MAY BE GIFTED - A Hindu may dispose of by gift his separate or self acquired property, subject in certain cases to the claims for maintenance of those he is legally bound to maintain. - A coparcerner, may dispose of his coparcernary interest by gift subject to the claims of those who are entitled to be maintained by him. A father may by gift dispose of the whole of his property, whether ancestral or self acquired, subject the claims of those he is entitled to be maintained by him. - A female may dispose other stridhana by gift or will, subject in certain cases to the consent of her husband. - A widow may in certain cases by gift dispose of a small portion of the property inherited by her from her husband, but she cannot do so by will. - The owner of an impartible estate may dispose of the estate by gifts or will, unless there is a special custom prohibiting alienation or the tenure is of such a nature that it cannot be alienated. A gift under the law is not valid unless it is accompanied by delivery of possession of the subject of the gift from the donor to the donee. However where physical possession cannot be delivered, it is enough to validate a gift, if the donor has done all that he could do to complete the gift, so as to entitle the donee to obtain possession. • GIFTS BY HINDUS WHERE TRANSFER OF PROPERT ACT APPLIES A gift under the above act can only be effected in the following manner. a. For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses. b. For the purpose of making a gift of a movable property, the M.A. (WOMEN STUDIES) PART II 72 PAPER VII

transfer may be effected by a registered document signed by the donor or by delivery. • GIFTS TO UNBORN PERSONS Under pure Hindu laws, a gift cannot be made in favour of a person who was not in existence at the date of the gift. This rule has been altered by 3 acts namely, The Hindu Transfers and Bequests Act 1914, Hindu Disposition of Property Act 1916, and The Hindu Transfers and Bequests (City of Madras) Act 1921. • RESERVATION OF LIFE INTEREST A gift of property is not invalid because the donor reserves the ...... of the property of himself for life. • CONDITIONS RESTRAINING ALIENATION OR PARTITION Where property is given subject to a condition absolutely restraining the donee from alienating it, or it is given to two or more persons subject to a condition restraining them from restraining it, the condition is void, but the gift itself remains good. • REVOCATION OF GIFT A gift once completed is binding on the donor, and it cannot be revoked by him unless it is obtained by fraud or undue influence. • GIFT IN FRAUD OF CREDITORS A gift made with the intent of defeat or defraud creditors is voidable at the option of the creditors. IPC SECTION 304B: The Dowry deaths law defines a “dowry death” as any of a wife in the first seven years of marriage where there is evidence that she had been put under unreasonable pressure to supply a dowry. It provides for prison sentences for over seven years for those causing dowry death. IPC SECTION 498A: Section 498A was inserted into the penal code in 1983 it reads: Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The Uniqueness of section 498A is that this may be one of the rare laws in the civilized World that require no proof to be enforced. Coupled with this, the (assumed) law breaker is also considered guilty and jailed immediately. In practice, cruelty is taken to include the demanding of a dowry. M.A. (WOMEN STUDIES) PART II 73 PAPER VII

This section is non-bailable, non-compoundable and cognizable (arrests without investiation or warrants) on a report from a woman or close relative. This law makes it mandatory for the police to file charges against the husband, his parents and other relatives/friends (whoever being named on the complaint by the wife or her close relatives) and put them in jail. There is no penalty (even a fine) for filling a false case. Many individuals have claimed this is being abused by the wife or her close relatives. In urban India, the majority of families have adequate knowledge regarding section 498-A. Under this law, although both giving and taking of dowry is illiga, the dowry seeker generally faces greater punishment. The Malimath committee in 2003 ...... making amendments to this section. Although such amendments have been opposed by women’s groups. One of the most important amendments to the IPC (Section 498A). Which deals with cruelty and harrassment for dowry, made cruelty a culpable offence, but ...... been left over ...... Cruelty this case is defined as harassment of a women by her husband or his relative to coerce her or her relatives into giving a dowry. It is defined as willful conduct likely to drive a woman to suicide or to cause her grave physical or mental injury. Punishment for this extends to three years with a fine. The Indian Evidence Act, 1872, was also amended to provide that if a woman committed suicide within a period of seven years from the date of her marriage, and if it is shown that her husband or any relative of her husband subjected her to cruelty, the court can persume that such suicide was abetted by her husband or by the relative. THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005: Dowry demands have resulted in women being subjected to domestic violence. This law thus is related to and used in case when dowry harassment is reported. Let us now see what this law holds, in detail: • WHAT IS DOMESTICE VIOLENCE? a. harms or injures or endangers the health, safety, life, limb or well- being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or b. harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or M.A. (WOMEN STUDIES) PART II 74 PAPER VII c. has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or d. otherwise injures or causes harm, whether physical or mental, to the aggrieved person. Explanation - For the pusposes of this section: “physical abuse”: means any act or conduct which is of such a nature as to cause bodily pain, harm., or danger to life, limb, or health or impair the health or development of the aggrieved person (read it as complaining woman) includes assault, criminal intimidation and criminal force. “sexual abuse”: includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman; “verbal and emotional abuse”: includes- insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and repeated threats to cause physical pain to any person in whom the aggrieved person is interested. “economic abuse”: includes: a. deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stirdhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance; b. disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and c. prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household. • WHO CAN COMPLAIN? 1. Any person who has reason to believe that an act of domestic M.A. (WOMEN STUDIES) PART II 75 PAPER VII

violence has been, or is being, or is likely to be committed, may give information about it to the concerned Protection Officer. 2. No liability, civil or criminal, shall be incurred by any person for giving in good faith of information for the purpose of sub-section (1). • WILL THE COMPLAINT BE VERIFIED? Not with standing anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence under sub-section (1) of section 31 shall be cognizable and non-bailable. Upon the sole testimony of the aggrieved person, the court may conclude that an offence under sub-section (1) of section 31 has been committed by the accused. • WHO CAN TAKE ACTION? A Police officer, Protection Officer, Service Provider or Magistrate who has received a complaint of domestic violence or is otherwise present at the place of an incident of domestic violence or when the incident of domestic violence is reported to him. • WHO ARE THESE SERVICE PROVIDERS? 1. Subject to such rules as may be made in this behalf, any voluntary association registration under the Societies Registration Act, 1860 or a company registered under the Companies Act, 1956 or any other law for the time being in force with the objective of protection the rights and interests of women by any lawful means including providing of legal aid, medical, financial or other assistance shall register itself with the State Government as a service provider for the purposes of this Act. 2. A service provider registered under sub section (1) shall have the power to: a. record the domestic incident report in the prescribed form if; he aggrieved person so desires and forward a copy thereof to the Magistrate and the Protection Officer having juridiction in the area where the domestic violence took place; b. get the aggrieved person medically examined and forward a copy of the medical report to the Protection Officer and the police station within the local limits of which the domestic violence took place; c. ensure that the aggrieved person is provided shelter in a shelter home, if she so requires and forward a report of the lodging of the aggrieved person in the shelter home to the M.A. (WOMEN STUDIES) PART II 76 PAPER VII

police station within the local limits of which the domestic violence took place. 3. No suit, prosecution or other legal proceeding shall lie against any service provider or any member of the service provider who is, or who is deemed to be, acting or purporting to act under this Act, for anything which is in good faith done or intended to be done in the exercise of powers or discharge of functions under this Act towards the prevention of the commission of domestic violence. ACTIVITY II Gather some of your friends and go to any lawyer whom you know personally and hold a discussion about the cases of dowry. Are the people aware of the laws? Do the judgements come in time? Are the laws misused? Are there people who find themselves in .soup without any fault?

IMPLEMENTATION AND MISUSE OF THE LAWS AGAINST DOWRY: Need for proper implementation: By the above discussion of laws against dowry, it is clear that our constitution provides enough instance to safeguard the interest of the women against dowry. Though prohibited by law in 1961, the extraction of DOWRY from the bride’s family prior to marriage still occurs. When the dowry amount is not considered sufficient or is not forthcoming, the bride is often harassed, abused and made miserable. This abuse can escalate to the point where the husband or his family burn the bride, often by pouring kerosene on her and lighting it, usually killing her. The official records of these incidents are low because they are often reported as accidents or by the family. In Delhi, a woman is burned to death almost every twelve hours. The number of dowry is increasing. In 1988, 2,209 women were killed in dowry related incidents and in 1990, 4,835 were killed. It is important to reiterate that these are official records, which are immensely under reported. The lack of official registration of this crime is apparent in Delhi, where ninety percent of cases of women burnt were recorded as accidents, five percent as suicide and only the remaining five percent were shown as murder. According to Government figures there were a total of 5,377 dowry deaths in 1993, an increase of 12% from 1992. Despite the existence of rigorous laws to prevent dowry deaths under a 1986 amendment to the Indian Penal Code (1PC) convictions are rare, and judges (usually men) are often uninterested and susceptibly bribery. M.A. (WOMEN STUDIES) PART II 77 PAPER VII

As Supreme Court advocate Kirti Singh had pointed out in a conference the state did nothing to implement the law or create among the people awareness of the law. The earliest legislation on dowry was passed in 1961 but the report of the historic Committee on the Status of Women in India (1975) held that there were hardly any complaints or convictions under the Act. Thus, mere framing of the laws is not enought unless they are implemented rigorously. People need to be made aware and the judicial procedures made easy to ensure justice in time as justice delayed is justice denied and the police and self help groups must help the layman use these laws in appropriate situations. Misuses of the law: Allegations of misuse of section 498A by women have been voiced consistently by the police and others over a number of years. These have been in addition to a number of court judgements that have included similar observations. Under this law there is no penalty even for registering a false case. The men feel that this law is unjust to them and tilted partially in favour of women. At times, the husband and his family have reported incidents of being harassed under false accounts. However almost all allegations and statements have been anecdotal or general in nature and there has been little statistical data put forward to substantiate these claims. Recent allegations of ‘mususe’ have been made by the Malimath Committee and the Shinghal Report. Cases of abuse of section 498A cannot be ruled out. Reports of the police attaching an element of dowry to the complaints are common as are reports of lawyers and victims/complainants exaggerating the matter and bringing in more members of the husband’s family within the complaint. However, all laws are capable of and subject to abuse and misuse - including Section 498A. The colution does not lie in dismissing the law or taking away its teeth completely by making it compoundable and bailable. This is akin to throwing away the baby with the bathwater. Steps need to be taken towards more effective use of the law. This includes defining terms better including ‘menta’ cruelty’, and providing operational indicators to reduce their ambiguity in use. Providing a civil law on domestic violence is also another step forward. It is only by providing both a civil and criminal remedy that we will find both - workable options for women complainants and reduction in the use of the criminal provisions. M.A. (WOMEN STUDIES) PART II 78 PAPER VII

ACTIVITY III Go to the internet. Search the site of google for IPC Section 498A. now open a links that appear. These abound in stories of people who feel they have been wronged cue to the stringent inclusions in the section. Read some of these stories Do you feel these are true accounts. Are the innocent really suffering at the hands of the law?

THE SOCIAL SCENE: The ...... for the Indian, unmarried woman, mainly from the middle and lower income groups, has remained unchanged despite legal and other interventions. The social mindset has worsened, and the evidence for this can be seen even among the law enforcing agencies. The tendency to demand more money comes from a perceived easy access to consumer goods. This phenomeno has been accentuated in the wake of the economic liberalisation unleashed during the past one and a half decades. It seems that the wide choice in the consumer goods industry has opened up a wide range of dowry items. But who can stand up to the pressures of dowry today? Dowry is a skein that unites the country, from a 100 per cent literate Kerala, the economically developed Punjab and Gujarat, to a backward Bihar. A countrywide brigade = albelt small - of bridegroom-rejecting brides, flagged off by the petite 21 year-old Nisha Sharma, took the world by storm. In a televised debate, while responding to a question on her excessive dowry, Sharma replied that families spend only on two occasions - marriage and house construction. The connection between a daughter’s marriage and the economic strain on a family has been reflected in Indian literature, cinema and the media. Our talented advertisement creators slip in the “money-is-needed-for- her-marriage” phrase in their campaigns. Most insurance advertisements play upon the anxiety of the father - can he give his daughter a grand wedding and a huge dowry? A parent’s ultimate gift to the daughter, even now, remains ail opulent wedding and lots of branded items in the dowry. The families of many groms-to-be see dowry as a one-way ticket up the economic and social ladder. And more particularly, in these times of increasing economic uncertainties. Politicians, bureaucrats, engineers, doctors, executives and even unemployed men - all come with a price tag in the dowry market. The market, in fact, has turned the solemn marriage ceremony into a huge brand event. Parents vie with one another to display the many consumer M.A. (WOMEN STUDIES) PART II 79 PAPER VII brands they will gift and the grand spectacle they will organise. For many years, experts have argued the since women are excluded from property rights, dowry amounts to the their share of the property or streedhan (woman’s wealth). But dowry by itself has rarely offered independence to women. The Women’s Perception: Some feel that a dowry brings higher status for a woman in her husband’s home, some others believe that it means security and good treatment for a woman by her in-laws, end some others say that it is just an insurance against violence. Very few of the girls even today would think that they can be married without a dowry. Not let us examine whether the courageous stance of Sharma, Farzana and Vidya Balasubramaniam (the other two who called off their marriages at the last moment) was indeed a triumphant strike on patriarchy and social discriminations. It is important to go back to a telling image of Sharma - with hennead hands and a dowry of branded washing machine, refrigerators, air conditioners, music systems and a car in a background - as she announced that her protest was not against dowry but against the maner in which her future in-laws abused her father while demanding more. There cannot be a better advertisement for big FMCG companies than the image Sharma’s “brand-full” dowry looming large behind her dwarfing her - as she declares why she put an end to her wedding. What stung Sharma was that her in-laws-to-be acted unilaterally against the spirit of a mutually brokered deal on the amount of dowry to be given. More dowry - that was the crux of the problem. In the fuss over the Nisha Sharmas and Farzanas, no one seems to remember that these girls did not object to dowry per se. The concept of dowry has been deeply ingrained in the Indian psyche. Again, most women who made news by canceling their weddings, did so only because they did not agree to the excess of dowry. That dowry being given and taken was not questioned. There incomplete protests explain why the law against dowry is largely ineffective in India - it needs people to complaint against the custom of dowry. ACTIVITY IV Have you or any of your brother or sister got married recently? Did the marriage involve taking or giving of dowry? Was this demanded or engaged in voluntarily in the name of ritual? In any case, do you feel that the ceremony could have taken place without the exchange of the material gifts or cash? M.A. (WOMEN STUDIES) PART II 80 PAPER VII

THE SOLUTION: Activism: In the early 1980s, the Joint Select Committee of the Parliament on Dowry noted that the practice had spread to all classes, communities and castes. The women’s movement was witness to a rising number of dowry deaths during the period and subsequently launched a successful campaign in the early 1980s that resulted in some significant amendments made to the Dowry Act, 1961. The emerging reality is that there has been no abatement of the practice despite the Dowry Prohibition Act and changes in the criminal law (the Indian Penal Code and the Indian Evidence Act). The system, if anything, has manifested itself in the most dehumanising forms of consumerism and avarice. What was earlier the prerogative of the ostentatious few has become a common phenomenon. Need to Unite: All citizens, cutting across caste, community, region and political affiliations, must act collectively for the abolition of dowry. The giving and taking of dowry is perhaps the only crime that enjoys wide social sanction among the victims as well as the perpetrators. The dowry system is related to structures and policies that subordinates and devalues women in the economy, in the family, in the social and cultural spheres and in public life. This has the overall effect of increasing the vulnearability of women to dowry. Dowry can never be a substitute for equal rights in inheritance. Steps to encourage inter-caste, own choice among-dowry marriages to close ‘down centres where sex-determination tests are performed; and to stop advertisements and media-related programmes that encourage the dowry system in all its myriad forms, protests against son preference based religious rituals, and rejection of all efforts to include biased material in school and university textbooks and syllabi and making the anti-dowry struggles part of the mainstream political struggle are needed to tackle this social evil. Clearly, it is not just a women’s issue; for the campaign to be effective it has to involve all democratic sections of the society. Laws must be strengthened and ensure proper implementation. Yet, legislation alone is not enough to check the menace. Laws can not lead to social transformation in the absence of a campaign or a mass movement. Unless the very act of taking/ giving dowry is not proscribed and prevented from occurring there would be little change. It’s time to reject totally the widely marketed brand called dowry. It’s M.A. (WOMEN STUDIES) PART II 81 PAPER VII time for future Sharmas and Farzanas to abandon the soft focus on dowry. It’s time to abandon ail those alluring images of a father bidding a bounteous farewell to his married daughter for love and for the family’s “honour”. It is time to rid our psyches of the temptations and feelings of duty and right for dowry. No efforts on the part of the government or the , can prove fruitful unless the society takes woes to eradicate this practice that is resulting in such in human treatment of the women. Each can contribute by taking stand against accepting or giving of dowry. In marriage, when the woman starts earning respect, irrespective of the material goods that accompany her, the monster of dowry shall lose its teeth. ACTIVITY V Have you yourself followed or heard of any example of a girl or boy refusing to give or accept dowry in their marriage? What has been the reaction of their parents and relatives on this stand of the bride or the groom? Try and write an essay on the family scene and discussions among the visitors to such a marriage. SUMMARY: Reform movements and laws for abolition of dowry have been framed time and again. Our legislature provides stringent laws like the 1961. Dowry Prohibition Act, IPC Section 304B, IPC Section 498A and The Protection of Women From Domestic Violence Act. Amendments have been made as a result of activism by women bodies in these laws, to make them more beneficial and ensure justice to the suffering party. Though instances of misuse of the laws by some people have come to light, the women largely remain unaware of the legislative machinery enacted for their safety against exploitation from dowry. The concept of dowry has been deeply ingrained in the Indian psyche. The giving and taking of dowry is hardly ever questioned and revolted against. Sparse incidents of women revolting against demand of excessive dowry have come to light, but the need of the hour is to reject this practice totally. The society must unite to abolish the evil of Dahej Pratha from the Indian society. SELF ASSESSMENT EXERCISE: Read the above content carefully and try to answer the following questions in about five hundred words each. You may also take help from the book and article mentioned below: • Why has it become necessary to do away with the practice of dowry from out society? Cite some statistics to support your argument. • What do you understand by the term dowry death? How does the M.A. (WOMEN STUDIES) PART II 82 PAPER VII

section 304B define it? What are the legal implications against it? • The 1961 Dowry Prohibition Act has been amended due to pressures from the women activists. Discuss the act in detail. • There have been many Supreme Court judgements against the abuse of the IPC Section 498A. Do you feel it should be made less strict? Give reasons to support your argument. • The Protection of Women from Domestic Violence Act, is essentially a dowry law. Discuss. • Is it correct to say that the eradication of the social evil of dowry is only possible with proper implementation of the laws? What role does the society have to play to rid itself of this vicious practice. REFERENCES: • Allied-Chambers Transliterated Hindi-English Dictionary • Encyclopedia Britannica • India as described by the Arab Travellers by Dr. A.K. Srivastava, Sahitya Sansar Prakashan, Gorakhpur, India 1967 • The Sacrament of Marriage in Hindu Society, U.M. Apte, Ajanta Publishers 1978 Delhi • Sonali Verma, Indian women still awaiting independence, Reuter, 12 Aug. 199 7, New Delhi • Hindu Customs, Manners and Ceremonies, Abbe J.A. Dubois, transl. by H.K. Beauchamp from French, 3rd ed. Oxford 1906 • Kitchen fires Kill Indian Brides with Inadequate Dowry, July 23, 1997, New Delhi, UPI • Taking on Dowry - article from Frontline November 09-22 2002 by T.K. Rajalakshmi. • A brand called dowry - article from The Hindu Aug. 24, 2003 by Chitra Padmanabhan SUGGESTED READINGS: JOURNAL ARTICLES: • Daughter’s Right of Inheritance in India: A Perspective on the Problem of Dowry: Carroll-Modern Asian Studies, 1991 • Dowry Inflation in Rural India: A Statistical Investigation : V Rao - Population Studies, 1993 • Law, custom, and crimes against women : The problem of dowry death in India : J Van Willigen, VC Channa - Human Organization, 1991 • Dowry System in India : S.L. Hooja - 1969, Bombay : Asia Press M.A. (WOMEN STUDIES) PART II 83 PAPER VII

• South Asians and the Dowry Problem : Edited by Werner Menski - 1999 • The Oppression of Women in India : PS Johnson, JA Johnson - 2001. London: Zed Books. • Terror as a Bargaining Instrument: A Case Study of Dowry Violence in Rural India : F Bloch, V Rao - The American Economic Review, 2002. • Victimization of women: A Theoretical perspective on dowry deaths in India: Natarajan - International Review of Victimization, 1995 • Why Dowry Payments Declined with Modernization in Europe but Are rising in India: S. Anderson - Journal of Political Economy, 2003. • Suggestions for Addressing Dowry Violence : H. Saleh - 2003 Delhi: Shakti Books • Wife Burning : R.M. Singh, NP ...... ; 1995 - New Delhi: Manohar Book Service GLOSSARY • Colonialism : A policy by which a nation maintains or extends its control over foreign depedencies. The purposes of colonialism include economic exploitation of the colony’s natural resources, creation of new markets for the colonizer, and extension of the colonizer’s way of life beyond its national borders. • AIDWA : All India Democratic Women’s Association • NCRB : National Crime Records Bureau • Civil Law: The body of laws of a state or nation dealing with the rights of private citizens. • Cognizance: ...... of knowledge upon which a judge is ...... to act) • Cognizable offence: is one in which a police officer may arrest without investigation or warrant. • Non compoundable offence: that which cannot be compromised or settled out of court, between the complainant and the accused at any stage of the trial. • Non-bailable: means that the respondent will be in the jail, during the course of case at the court. • CPC : Code of Criminal Procedure • FMCG : Fast Moving Consumer Good • IPC : Indian Penal Code