DOWRY LAWS AROUND THE WORLD: ARE THEY EFFECTIVE?
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-19 ISSUE NO:- 19 , JANUARY 24, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- Om Pandey Techno India University DOWRY LAWS AROUND THE WORLD: ARE THEY EFFECTIVE? ABSTRACT Dowry practices refer to socio-cultural traditions where the bride’s family gives money, goods, or real estate to the husband’s family on marriage. Initially, paying a dowry was meant to provide for the bride. However, with time, such practices gave rise to harsh repercussions both socially and economically. In many regions, for example South Asia, the demands for dowry have increased tremendously, which has caused financial difficulties and domestic abuse, as well as deaths related to dowry. There are legal provisions in different nations, for instance India’s Dowry Prohibition Act of 1961, intended to stop these practices, but enforcement is difficult because of entrenched customs and societal standards. It is contended that dowry continues to exist, albeit in surreptitious form, and is disguised as gifts during wedding ceremonies or disguised as benevolence. While more educated, employed women do tend to mitigate dowry issues, it still persists in some communities. Solving dowry problems necessitate a comprehensive strategy including laws, education, and socio-economic change. This article focuses on the historical roots and socio legal analysis and implication of the dowry system while offering solutions to ensure continual monitoring and formulation of policies to combat this problem. KEYWORDS: Dowry, Domestic abuse, Societal Standards, Legal Provisions INTRODUCTION Dowry refers to a social custom whereby the family of the bride gives money or in in form of goods or property to the groom and his family as a form of securing a marriage. It is a well established practice from ancient times in different communities of the world for the purpose of safeguarding a woman’s economic well-being in case of separation. Nevertheless, dowry has become a contentious issue, particularly in societies where it has resulted in financial difficulties, gender bias, and violence against women. Countries such as India, Pakistan, Bangladesh and some regions of Africa and the Middle Eastern countries practice dowry. Although dowry was originally intended as an optional love gift from the bride’s family, in many societies it has now become an obligatory burdening expectation to the bride’s family. In extreme cases, failure to meet dowry expectations has resulted in cases of stalking, domestic violence, and even deaths associated with dowry. Even with dowry laws in place in many countries, it is still practiced due to deeply ingrained customs and social practices. Various governments and charity groups are trying to eliminate the practice of dowry by enacting legal provisions, awareness programs, and women empowerment schemes. Combatting dowry is not purely a legal matter, but encompasses efforts that deal with transforming societal norms. For removing the practice of dowry, the participation of the entire community is imperative. CONCEPT OF DOWRY IN INDIA’S SCRIPTURE PURANA: The Indian dowry system has its history rooted in ancient texts like Puranas, which detail the socio-economic and dental practices of the era. In ancient Indian society, dowry was not a demand, but a gift (stri-dhana) given to a bride by the family, providing her with some financial independence within her marital home. The Puranas, Manusmriti, and Vedas provide information regarding the evolution of Stri-dhana. Marriages in Hindu mythology and Puranic lore detailed various forms of marriages, one of them being Brahma Vivah, where a father willingly married his daughter, gifting her wealth, jewellery, or even land. This was viewed as a gesture of benevolence instead of force. The Bhagavata Purana offers accounts of the marriage of Gods and Kings, where gifts were exchanged and often served symbolic purposes, relying on the groom’s worth instead of demand-based motives. The meaning of dowry has changed with time. Later Puranic tales showcase examples where wealth during marriage was expected. For instance, in the Mahabharata (not a purana, but is considered as one), Draupadi’s Swayam Vara ceremony was held with underlying wealth expectations. By the time of the Middle Ages, dowry was a stricter tradition based on social stratification and caste system, and in most cases, became exploitative. Although marriage is stressed by the Puranas as moral and ethical, with subsequent interpretation and social development, dowry turned into a duty and not a voluntary donation. Therefore, although the Puranas did not encourage dowry in its contemporary coercive structure, they were a product of an era where transfer of property was traditional in marriage, which later influenced subsequent dowry practices within India. VIOLATION OF HUMAN RIGHTS CAUSED BY DOWRY AND ITS REMEDIES The practice of dowry, as part of marriage, is a practice that creates serious concern in the social realm and infringes on humanitarian laws in different ways particularly against women. During a marriage, the bride’s family is obligated to give money, property or presents to the groom’s family. It is outlawed in most nations, yet it still exists and gives rise to inequality, violence, and misdeeds in different societies. DOWRY RELATED VIOLANCE: Violence and Abuse: Women not only suffer from domestic violence but also harassment and murder in cases where their dowry is deemed unsatisfactory. Violence caused by dowry includes physical, emotional and psychological abuse too. Gender Discrimination: It reinforces the belief that women are economic encumbrances. This practice does not only violate the right to equality but also one’s dignity. Loss of Life and Safety: Death due to dowry, where women are killed or coerced into suicide, is part of reality. Economic Exploitation: The poor families of brides are placed under enormous financial strain, which often leads them into debt and poverty. Denial of Freedom and Rights: Numerous women are kept in abusive marriages with no hope to get a divorce or an education or job due to the dowry system. SOLUTIONS TO ERADICATE DOWRY: Strict Legal Enforcement: Governments ought to enforce anti-dowry laws, along with the Dowry Prohibition Act, with severe penalties for violators. Education and Awareness: Educating groups, specially ladies, approximately their rights can assist exchange societal attitudes.