Dowry system in India

The dowry system in India^[1] refers to the durable goods, cash, and real or movable property that the bride's family gives to the groom, his parents and his relatives as a condition of the marriage.^[2]^[3] Dowry is called "दहेज" in Hindi and as جہیز in Urdu.^[4]

The dowry system can put great financial burden on the bride's family.^[5] In some cases, the dowry system leads to crimes against women, ranging from emotional abuse and injury to even deaths.^[6] The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act 1961 approved by the Parliament of India and subsequently by Sections 304B and 498A^[7] of the Indian Penal Code. The Dowry Prohibition Act 1961 defines dowry: "Dowry means any property or valuable security given or agreed to be given either directly or indirectly - (a) by one party in marriage to the other party in marriage; or (b) by the parents of either party to a marriage or by any other person to either party to marriage or to any other persons;at or before or after the marriage as consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal law applies."^[8]

A court judgement^[9] clarifies the legal definition of dowry as

"Dowry" in the sense of the expression contemplated by Dowry Prohibition Act is a demand for property of valuable security having an inextricable nexus with the marriage, i.e., it is a consideration from the side of the bride's parents or relatives to the groom or his parents and/or guardian for the agreement to wed the bride-to-be.

Article 3 of the Dowry Prohibition Act, 1961 specifies that the penalty for giving or taking dowry does not apply to presents that are given at the time of a marriage to the bride or groom is when no demand for them has been made.^[10]

Although Indian laws against dowries have been in effect for decades, they have been largely criticised as being ineffective.^[11] The practice of dowry deaths and murders continues to take place unchecked in many parts of India, which has further added to the concerns of enforcement.^[12]

Section 498A of the Indian Penal Code required the groom and his family to be automatically arrested if a wife complains of dowry harassment. The law was widely abused, and in 2014, the Supreme Court ruled that arrests cannot be made without a magistrate's approval.^[13]

^ "Moneycontrol.com". 8 March 2007. Archived from the original on 11 January 2012.
^ Rani Jethmalani & P.K. Dey (1995). Dowry Deaths and Access to Justice in Kali's Yug: Empowerment, Law and Dowry Deaths. pp. 36, 38.
^ Paras Diwan and Peeyushi Diwan (1997). Law Relating to Dowry, Dowry Deaths, Bride Burning, Rape, and Related Offences. Delhi: Universal Law Pub. Co. p. 10.
^ Waheed, Abdul (February 2009). "Dowry among Indian muslims: ideals and practices". Indian Journal of Gender Studies. 16 (1): 47–75. doi:10.1177/097152150801600103. S2CID 142943653.
^ Cite error: The named reference Anderson 2007 was invoked but never defined (see the help page).
^ Cite error: The named reference :5 was invoked but never defined (see the help page).
^ "Arrest of police officer in unlawful detention under s 498A". Into Legal World. Archived from the original on 8 December 2017. Retrieved 7 December 2017.
^ Rao, C.N. Shankar (2019). Indian Social Problems. S. Chand. p. 238. ISBN 978-93-848-5795-0.
^ "The Dowry Prohibition Act, 1961". Archived from the original on 15 May 2015.
^ "The Dowry Prohibition Act, 1961". Archived from the original on 27 January 2021.
^ Manchandia, Purna (2005). "Practical Steps towards Eliminating Dowry and Bride-Burning in India". Tul. J. Int'l & Comp. L. 13: 305–319.
^ Spatz, Melissa (1991). "A "Lesser" Crime: A Comparative Study of Legal Defenses for Men Who Kill Their Wives". Colum. J. L. & Soc. Probs. 24: 597, 612.
^ "No arrests under anti-dowry law without magistrate's nod: SC". The Times of India. 3 July 2014. Archived from the original on 7 July 2014.

[1] "Moneycontrol.com". 8 March 2007. Archived from the original on 11 January 2012.

[:2-2] Rani Jethmalani & P.K. Dey (1995). Dowry Deaths and Access to Justice in Kali's Yug: Empowerment, Law and Dowry Deaths. pp. 36, 38.

[:3-3] Paras Diwan and Peeyushi Diwan (1997). Law Relating to Dowry, Dowry Deaths, Bride Burning, Rape, and Related Offences. Delhi: Universal Law Pub. Co. p. 10.

[Waheed-4] Waheed, Abdul (February 2009). "Dowry among Indian muslims: ideals and practices". Indian Journal of Gender Studies. 16 (1): 47–75. doi:10.1177/097152150801600103. S2CID 142943653.

[Anderson_2007-5] Cite error: The named reference Anderson 2007 was invoked but never defined (see the help page).

[:5-6] Cite error: The named reference :5 was invoked but never defined (see the help page).

[Into_Legal_World-7] "Arrest of police officer in unlawful detention under s 498A". Into Legal World. Archived from the original on 8 December 2017. Retrieved 7 December 2017.

[8] Rao, C.N. Shankar (2019). Indian Social Problems. S. Chand. p. 238. ISBN 978-93-848-5795-0.

[9] "The Dowry Prohibition Act, 1961". Archived from the original on 15 May 2015.

[10] "The Dowry Prohibition Act, 1961". Archived from the original on 27 January 2021.

[auto-11] Manchandia, Purna (2005). "Practical Steps towards Eliminating Dowry and Bride-Burning in India". Tul. J. Int'l & Comp. L. 13: 305–319.

[auto1-12] Spatz, Melissa (1991). "A "Lesser" Crime: A Comparative Study of Legal Defenses for Men Who Kill Their Wives". Colum. J. L. & Soc. Probs. 24: 597, 612.

[13] "No arrests under anti-dowry law without magistrate's nod: SC". The Times of India. 3 July 2014. Archived from the original on 7 July 2014.

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