The dowry system in India has long been a subject of social and legal concern, often resulting in severe consequences for women and their families. Despite various legislative measures, the practice persists, driven by deeply entrenched cultural norms and socio-economic factors. This article delves into the causes of the dowry system, examining them through the lens of Indian laws and significant case laws.
1.Historical Context and Socio-Cultural Norms
The dowry system’s origins can be traced back to ancient times when it was seen as a means of providing financial security to the bride. Over time, it became a social obligation deeply embedded in societal norms and customs.
The Courts, in various judgments, underscored the cultural and historical context that sustains the dowry system. The court observed that despite enacting the Dowry Prohibition Act of 1961, societal norms continue to endorse dowry as a customary practice. The judgment highlighted the need for a societal shift to eradicate this deeply entrenched practice, emphasizing education and awareness as critical tools.
Satvir Singh & Ors v State of Punjab 1998 CRILJ 405, the Punjab & Haryana High Court stated that ‘..dowry, a Slur on society and stigma on present generation attached to the sacred institution of marriage tremendously requires a new line of thought and absence of any awakened consciousness would leave us far behind. This social evil, taking away precious lives of brides rarely noticed, deserves much preventive and stringent legislation.’
2.Economic Factors
The dowry system is often driven by economic considerations, where dowries are seen as a means to secure financial stability for the groom’s family. This economic perspective turns marriage into a transaction rather than a union based on mutual respect and love.
The courts have recognized dowry as a tool of economic oppression and a significant barrier to gender equality. It condemned the commodification of women and called for stringent enforcement of the Dowry Prohibition Act to deter such practices.
In the case of Nitya Gopal Pal & Anr v The State of West Bengal, the High Court of Calcutta (6th September 2013) reasoned out when the defence came up with an argument stating that there is no documentary evidence as to the financial transactions, ‘However the mere absence of documentary proof, would not nullify the substantive ocular evidence of the witnesses if otherwise is found to be truthful and reliable. Thus, the fact of exploiting the economic opportunity by the appellants by imposing dowry demand, through wrongful oppression and torture upon the victim, is proved in this trial, to the standard, as it is required.’ the Court upheld the judgment and sentence given by the lower court for the death of a woman and her minor daughter.
3.Gender Inequality
The dowry system perpetuates gender inequality, reflecting societal views that regard women as economic burdens. This perspective fuels the demand for dowry as compensation for marrying a woman.
In S. Gopal Reddy v. State of Andhra Pradesh, 1996 SCC (4) 596, the Supreme Court stated that ‘The Dowry Prohibition Act is a piece of social legislation which aims to check the growing menace of the social evil of dowry and it makes punishable not only the actual receiving of dowry but also the very demand of dowry made before or at the time or after the marriage where such demand id referable to the consideration of marriage. Dowry as a quid pro for marriage is prohibited and not giving traditional presents to the bride or bridegroom by friends and relatives.
The Indian Courts have discussed the gender-discriminatory aspects of the dowry system. The court emphasized that dowry demands are a manifestation of patriarchal attitudes that devalue women—the judgment called for a concerted effort to promote gender equality through legal reforms and societal education.
4.Social Status and Prestige
Dowry is often linked to social status and prestige. Families may demand or offer large dowries to display their wealth and social standing, perpetuating a cycle of competition and societal pressure.
The Courts have acknowledged the role of social status in perpetuating the dowry system. The courts have often noted that dowry practices are usually driven by a desire to exhibit social prestige, leading to extravagant demands that exacerbate financial burdens on the bride’s family. The various judgments urged society to redefine its notions of status and honour in ways that do not involve dowry.
In Sanjay Kumar Jain v State of Delhi, AIR 2011 Supreme Court 363, the Supreme Court observes, “This dowry system is a big slur and curse on our society, democracy and the country. It is incomprehensible how such unfortunate and condemnable instances of dowry deaths are frequently occurring in our society. All efforts must be made to combat and curb the increasing menace of dowry death.”
5.Lack of Awareness and Education
A significant cause of the dowry system is the lack of awareness and education about the legal provisions against dowry and the rights of women. Many people remain unaware of the legal implications and the protections available to them.
The curse of dowry claimed another victim in Kundula Bale Subrahmanyam Vs State of A.P. (1993) 2 SCC 684 wherein the husband and mother-in-law of the deceased Kundula Koti Nagbani were convicted under Sections 302/34 IPC and sentenced to suffer imprisonment for life. Referring to the following observations made by the Supreme Court in this case will be expedient. “25. Of late, there has been an alarming increase in cases relating to harassment, torture, abetted suicides and dowry deaths of young innocent brides. This growing cult of violence and exploitation of the young brides, though, keeps on sending shock waves to civilized society whenever it happens and continues unabated.
There is a constant erosion of the basic human values of tolerance and the spirit of “live and let live”. Lack of education and economic dependence on women have encouraged the greedy perpetrators of the crime. It is more disturbing and sad that in most of such reported cases, it is the woman who plays a pivotal role in this crime against the younger woman, as in this case, with the husband either acting as a mute spectator or even an active participant in the crime, in utter disregard of his marital obligations. In many cases, it has been noticed that the husband, even after marriage, continues to be ‘Mamma’s baby’, and the umbilical cord appears not to have been cut even at that stage.”
6.Ineffective Law Enforcement
Despite robust legal frameworks, the enforcement of anti-dowry laws remains weak, allowing the practice to continue unabated. Corruption, societal pressure, and lack of support for victims contribute to ineffective law enforcement.
Indian courts have highlighted the challenges of enforcing anti-dowry laws. They have pointed out that corruption and societal pressure often prevent effective enforcement, leading to the continued exploitation of women. The judgments have stressed the need for strict law enforcement and support systems for victims to ensure the laws serve their intended purpose.
Supreme Court, in its judgment in the case of K. Prema S.Rao Vs Yadla Srinivasa Rao AIR 2003 SC 11 at p.11 (para 27), to the effect that “the Legislature has by amending the Penal Code and Evidence Act made Penal Law more strident for dealing with punishing offences against married women. Such strident laws would deter the offenders only if they are so stridently implemented by the law courts to achieve the legislative intention”. We may add that the enforcement agencies, too, will have to be more sensitive and responsive to the needs of the situation arising from the incidents of dowry death. Dowry deaths are a manifestation of socio-economic disorder prevailing in society. This has to be addressed at different levels to curb the menace of dowry deaths and not at the legal redressal level alone.”
7.Fear of Social Ostracism
Families often succumb to dowry demands due to fear of social ostracism. Refusing to comply with dowry demands can lead to social isolation and damage the family’s reputation. The societal pressures drive families to comply with dowry demands. The fear of social ostracism is a significant factor that compels families to adhere to dowry practices. A societal change in attitude towards dowry and the creation of support system for families who resist such demands is our society’s need.
8.Marriage as a Transaction
In many cases, marriage is viewed as a transaction, with dowry as the price for securing a ‘good’ match. This transactional view undermines the sanctity of marriage and reduces it to a financial arrangement. A marriage should be based on mutual respect and trust like any other relationship. However, in most Indian communities the relationship of marriage is delicately poised between the complex realm of market, religion and law, making the basic foundation unstable and weak.
Dowry practices perpetuate the transactional concept of marriage bazaar. The age old practice of treating marriage as a financial transaction has devalued the institution of marriage and continued the economic exploitation. A cultural shift towards marriage as a union of equals based on mutual respect and trust, free from financial transactions, answers the problem.
9.Pressure from Extended Family
Extended family members often pressure the bride’s and groom’s families to conform to dowry practices, perpetuating the system. This pressure can stem from a desire to adhere to tradition or to enhance the family’s social standing.
10.Weak Social Support Systems for Women
The lack of robust social support systems for women, including legal aid, shelters, and counseling services, can make it difficult for women to resist or escape dowry-related abuse. This vulnerability perpetuates the dowry system.
We need a robust social support system for women. The absence of adequate support structures makes women vulnerable to dowry-related abuse. Establishing comprehensive support services, including legal aid and counseling, empowers women to resist dowry demands to be part of the anti-dowry efforts.
11.Misuse of Anti-Dowry Laws
While anti-dowry laws are essential, their misuse can undermine genuine cases and create skepticism around dowry-related complaints. This misuse can dilute the impact of these laws and hinder efforts to combat the practice.
In Preeti Gupta & Anr v. State of Jharkhand, 2010 (7) SCC 667 the Supreme Court addressed the misuse of anti-dowry laws. The court acknowledged that false complaints can put the accused through immense suffering. Even ultimate acquittal in the trial may not be able to wipe out the deep scars of suffering of ignominy. The judgment called for a careful approach by the counsels not to advise or encourage such false cases. The judgment states, “Experience reveals that protracted criminal trials lead to resentment, anger and bitterness in the relationship amongst the parties. It is also a matter of common knowledge that in cases filed by the complainant, if the husband or the husband’s relations had to remain in jail even for a few days, it would ruin the chances of amicable settlement altogether. The process of suffering is extremely long and painful.”
Also Read:-How do I get divorced from my husband
Conclusion
The dowry system in India is a multifaceted issue rooted in historical, economic, social, and cultural factors. Despite robust legal frameworks, the practice persists due to deep-seated societal norms and ineffective enforcement. Addressing the dowry system requires a comprehensive approach that includes legal reforms, strict law enforcement, educational initiatives, and societal change. Understanding the causes and implementing targeted interventions can eradicate this harmful practice and promote gender equality and social justice in India.ions can eradicate this harmful practice and promote gender equality and social justice in India.
Advocate Kiran S R – A highly skilled, passionate, dedicated advocate, with vast wealth of knowledge, professionalism, ethical approach and expert skills. One of the sharpest legal mindset brings the best principles of legal practice to the forefront. A qualified Engineer turned Advocate. His passion, dedication and vision to help and assist his clients achieve the best results is his driving force.
