Dowry system in India

In India, dowry (Hindi: दहेज, Dahēj)[1] is the payment in cash or some kind of gifts given to a bridegroom's family along with the bride. Generally, it includes cash, jewelry, electrical appliances, furniture, bedding, crockery, utensils and other household items that help the newlywed set up her home.

Wedding gifts of the son of the Imam of Delhi India with soldiers and 2000 guests

The dowry system is thought to put great financial burden on the bride's family.[2] The payment of a dowry has been prohibited under The 1961 Dowry Prohibition Act in Indian civil law and subsequently by Sections 304B and 498a of the Indian Penal Code (IPC).

In some cases, the dowry system leads to crime against women, ranging from emotional abuse, injury to deaths. In 2013, 8,083 dowry deaths were reported by India's National Crime Records Bureau.[3] This corresponded to 1.4 deaths per year per 100,000 women in India.[4] For contextual reference, the United Nations reported a worldwide average female homicide rate of 3.6 per 100,000 women, and an average of 1.6 homicides per 100,000 women for Northern Europe in 2012.[5]

History

Wedding Procession- Bride Under a Canopy with Gifts. Circa 1800

The history of dowry in South Asia is not clear. Some scholars believe dowry was practiced in antiquity, but some do not. Historical eyewitness reports, as discussed below, suggest dowry in ancient India was insignificant, and daughters had inheritance rights, which by custom were exercised at the time of her marriage.

Stanley J. Tambiah claims the ancient Code of Manu sanctioned dowry and bridewealth in ancient India, but dowry was the more prestigious form and associated with the Brahmanic (priestly) caste. Bridewealth was restricted to the lower castes, who were not allowed to give dowry. He cites two studies from the early 20th century with data to suggest that this pattern of dowry in upper castes and bridewealth in lower castes has persisted through the first half of the 20th century.[6] However, it is more likely that marriages involved both reciprocal gifts between the two families, claims Tambiah, so that insofar as the groom's family gives the bridewealth, it tends to be given back as the culturally validated dowry to the bride as part of her conjugal estate.[7]

Michael Witzel, in contrast, claims the ancient Indian literature suggests dowry practices were not significant during the Vedic period.[8] Witzel also notes that women in ancient India had property inheritance rights either by appointment or when they had no brothers.

The findings of MacDonell and Keith are similar to Witzel, and differ from Tambiah; they cite ancient Indian literature suggesting bridewealth was paid even in brahma- and daiva-types of marriage associated with the Brahmanic (priestly) upper caste. Dowry was not infrequent, when the girl suffered from some bodily defect. Property rights for women increased in ancient India, suggest MacDonell and Keith, over the Epics era (200 BC to 700 AD).[9] Kane claims ancient literature suggests bridewealth was paid only in the asura-type of marriage that was considered reprehensible and forbidden by Manu and other ancient Indian scribes. Lochtefeld suggests that religious duties listed by Manu and others, such as 'the bride be richly adorned to celebrate marriage' were ceremonial dress and jewelry along with gifts that were her property, not property demanded by or meant for the groom; Lochtefeld further notes that bridal adornment is not currently considered as dowry in most people's mind.[10]

Above analysis by various scholars is based on interpreting verses of ancient Sanskrit fiction and inconsistent smritis from India, not eyewitness accounts. Available eyewitness observations from ancient India give a different picture. One of these are the eyewitness records from Alexander the Great conquest (ca. 300 BC) as recorded by Arrian and Megasthenes. Arrian first book mentions a lack of dowry,

They (these ancient Indian people) make their marriages accordance with this principle, for in selecting a bride they care nothing whether she has a dowry and a handsome fortune, but look only to her beauty and other advantages of the outward person.

Arrian, The Invasion of India by Alexander the Great, 3rd Century BC[11]

Arrian's second book similarly notes,

They (Indians) marry without either giving or taking dowries, but the women as soon as they are marriageable are brought forward by their fathers in public, to be selected by the victor in wrestling or boxing or running or someone who excels in any other manly exercise.

~ Arrian, Indika in Megasthenes and Arrian, 3rd Century BC[12]

The two sources suggest dowry was absent, or infrequent enough to be noticed by Arrian.[13] About 1200 years after Arrian's visit, another eyewitness scholar visited India named Abū Rayḥān al-Bīrūnī, also known as Al-Biruni, or Alberonius in Latin. Al-Biruni was an Islamic era Persian scholar who went and lived in India for 16 years from 1017 CE. He translated many Indian texts into Arabic, as well as wrote a memoir on Indian culture and life he observed. Al-Biruni claimed,

The implements of the wedding rejoicings are brought forward. No gift (dower or dowry) is settled between them. The man gives only a present to the wife, as he thinks fit, and a marriage gift in advance, which he has no right to claim back, but the (proposed) wife may give it back to him of her own will (if she does not want to marry).

~ Al-Biruni, Chapter on Matrimony in India, about 1035 AD[14]

Al-Biruni further claims that a daughter, in 11th century India, had legal right to inherit from her father, but only a fourth part of her brother. The daughter took this inheritance amount with her when she married, claimed Al-Biruni, and she had no rights to income from her parents after her marriage or to any additional inheritance after her father's death. If her father died before her marriage, her guardian would first pay off her father's debt, then allocate a fourth of the remaining wealth to her upkeep till she is ready to marry, and then give the rest to her to take with her into her married life.[15]

It is unclear what happened to these daughter's inheritance laws in India after Al-Biruni's visit to India in the 11th century. It is also unclear when, why and how quickly the practice of dowry demand by grooms began, whether this happened after the arrival of Islam in the late 11th century, or with the arrival of Colonialism in the 16th century, or both.

Modern era

A social awareness campaign in India on dowry

In India, dowry is called Dahej in Hindi, and Jahez in Arabic (derived from Islamic jahez-e-fatimi).[16] In far eastern parts of India, dowry is called Aaunnpot.[17] Dowry is a payment of cash or gifts from the bride's family to the bridegroom's family upon marriage. It may include cash, jewellery, electrical appliances, furniture, bedding, crockery, utensils and other household items that help the newly-weds set up their home.

Dowry has been a prevalent practice in India's modern era. There are variations on dowry prevalence based on geography and class. States in the north are more likely to participate in the dowry system among all classes, and dowry is more likely to be in the form of material and movable goods.[18] In the south, the brideprice system is more prevalent, and is more often in the form of land, or other inheritance goods. This system is tied to the social structure of marriage, which keeps marriage inside or close to family relations.[18]

Dowry also varies by economic strata in India. Upper-class families are more likely to engage in the dowry system than the lower class. This could be in part due to women’s economic exclusion from the labor market in upper classes.[2][18]

Laws against dowry

Main article: Dowry law in India

Dowry become prohibited by law in 1961 with the purpose of prohibiting the demanding, giving and taking of dowry. Although providing dowry is illegal, it is still common in many parts of India for a husband to seek a dowry from the wife's family, in some cases leading to extortion or violence against the wife. To stop offences of cruelty by the husband or his relatives against the wife, section 498A was added to the Indian Penal Code and section 198A to the Criminal Procedure Code in 1983. Section 498A has been criticised by many in India as being prone to misuse.[19] The law was challenged in court, but upheld by the Supreme Court of India in 2005.[20]

Causes of practice

Various reasons have been suggested as cause of dowry practice in India. These include economic factors and social factors.

Economic factors

There are many economic factors that contribute towards the system of dowry. Some of these include inheritance systems and the bride’s economic status.

Some suggest point economics and weak legal institutions on inheritance place women in disadvantage, with inheritances being left only to sons.[18] This leaves women dependent upon their husbands and in-laws, who keep the dowry when she marries.[21] Prior to 1956, including during the British Raj, daughters had no rights to inheritance to their family's wealth. In 1956, India gave equal legal status to daughters and sons among Hindu, Sikh and Jain families, under the Hindu Succession Act (India grants its Muslim population the Sharia derived personal status laws). Despite the new inheritance law, dowry has continued as a process whereby parental property is distributed to a daughter at her marriage by a social process, rather than after parent's death by a slow court supervised process under Hindu Succession Act (1956).[22]

Dowry gave, at least in theory, women economic and financial security in their marriage in the form of movable goods. This helped prevent family wealth break-up and provided security to the bride at the same time.[18] This system can also be used as a premortem inheritance, as once a woman is presented with movable gifts, she may be cut off from the family estate.[23]

For many, dowry has become a greater financial burden on the family, and can leave families destitute based on the demands from the groom.[18][24] The demand for dowry has increased over time.[25]

Social factors

The structure and kinship of marriage in parts of India contributes to dowry. In the north, marriage usually follows a patrilocal (lives with husband’s family) system, where the groom is a non-related member of the family. This system encourages dowry perhaps due to the exclusion of the bride's family after marriage as a form of premortem inheritance for the bride.[18] In the south, marriage is more often conducted within the bride's family, for example with close relatives or cross-cousins, and in a closer physical distance to her family. In addition, brides may have the ability to inherit land, which makes her more valuable in the marriage, decreasing the chance of dowry over the bride price system.[18]

In addition to marriage customs that may influence dowry, social customs or rituals, and parents expectations of dowry are important factors to consider. A 1995 study showed that while attitudes of people are changing about dowry, dowry continues to prevail.[26][24] In a 1980 study conducted by Rao, 75% of students responded that dowry was not important to marriage, but 40% of their parents’ likely expected dowry.[24]

While India has been making progress for women’s rights, women continue to be in a subordinate status in their family.[27][28] Women’s education, income, and health are some significant factors that play into the dowry system, and for how much control a woman has over her marriage.[28]

Religion

Dowry in India is not limited to any specific religion. It is widespread among Hindus and other religions. For example, Indian Muslims call dowry as jahez, justify the practice in terms of jahez-e-fatimi. Islamists classify jahez into two categories: The first comprises some essential articles for the outfit of the bride as well as for conjugal life. The other is made up of valuable goods, clothes, jewelry, an amount of money for the groom's family, which is settled on after bargaining. The jahez often far exceeds the cost of the baraat and marriage parties. The jahez is separate from cash payment as Mahr or dower that Sharia religious law requires.[16]

Domestic violence

A map of the Indian dowry death rate per 100,000 people, 2012.

Dowry is considered a major contributor towards observed violence against women in India. Some of these offences include physical violence, emotional abuses, and even murder of brides and girls.[25][23][29]

Most dowry deaths occur when the young woman, unable to bear the harassment and torture, commits suicide. Most of these suicides are by hanging, poisoning or by fire. Sometimes the woman is killed by setting herself on fire; this is known as "bride burning", and sometimes disguised as suicide or accident. Death by burning of Indian women have been more frequently attributed to dowry conflicts.[30] In dowry deaths, the groom’s family is the perpetrator of murder or suicide.[31]

Abuse

Recently married women can be a target for dowry related violence, because she is tied economically and socially to her new husband.[27]

In some cases, dowry is used as a threat or hostage type situation, in order to extract more property from the bride’s family.[29] This can be seen in new brides, who are most vulnerable in the situation.[23] This type of situation can occur with the threat or occurrence of violence, so that the bride’s family is left with no choice but to give more dowry to protect their daughter.[23] Northern and eastern states of India show higher rates of dowry-related violence.[3]

The impact of dowry can leave a woman helpless and desperate, which can cumulate in emotional trauma and abuse.[27][23] Dowry related abuse causes emotional trauma, depression and suicide.[23]

Murder

The system of dowry has also been linked to murder of young brides.[23] India, with its large population, reports the highest number of dowry related deaths in the world according to Indian National Crime Record Bureau. In 2012, 8,233 dowry death cases were reported across India; while in 2013, 8,083 dowry deaths were reported.[3] This means a dowry-related crimes cause the death of a woman every 90 minutes, or 1.4 deaths per year per 100,000 women in India.[32][33] For contextual reference, the United Nations reports a worldwide average female homicide rate of 3.6 per 100,000 women, and an average of 1.6 homicides per 100,000 women for Northern Europe in 2012.[5]

There are laws like Protection of Women from Domestic Violence Act 2005 that help to reduce domestic violence and to protect women's rights.

See also

References

  1. ↑ Godrej ‘Nupur Jagruti’- Dahej Ke Khilaf Ek Awaz
  2. ↑ 2.0 2.1 Anderson, Siwan (2007). "The Economics of Dowry and Brideprice". The Journal of Economic Perspectives 21 (4): 151–174. doi:10.1257/jep.21.4.151.
  3. ↑ 3.0 3.1 3.2 "National Crime Statistics 2012 (p. 196), National Crime Statistics 2013 (p. 81)" (PDF). National Crime Records Bureau, India. 2013-01-16. Retrieved 2015-04-25.
  4. ↑ Crime statistics in India 2013, Government of India (2013), p. 216
  5. ↑ 5.0 5.1 UNODC Homicide Data by Sex United Nations (2013)
  6. ↑ Tambiah, Stanley; Goody, Jack (1973). Bridewealth and Dowry. Cambridge UK: Cambridge University Press. pp. 68–9.
  7. ↑ Tambiah, Stanley; Goody, Jack (1973). Bridewealth and Dowry. Cambridge UK: Cambridge University Press. p. 71.
  8. ↑ Witzel, Michael. "Little Dowry, No Sati: The Lot of Women in the Vedic Period." Journal of South Asia Women Studies 2, no. 4 (1996).
  9. ↑ MacDonell, Arthur and Keith, Arthur. Vedic Index: Names and Subjects, Indian Text Series (John Murray, London, 1912), Volume 1:482-485 ページ出版
  10. ↑ James G. Lochtefeld, The Illustrated Encyclopedia of Hinduism: A-M, Rosen Publishing, ISBN 9780823931798; 203 ページ出版
  11. ↑ John Watson McCrindle (Translator), The Invasion of India by Alexander the Great as described by Arrian, Archibald Constable & Co. (Westminster, UK): 280 ページ出版
  12. ↑ JW McCrindle (Translator), Megasthenes and Arrian, Trubner & Co (London): 222 ページ出版
  13. ↑ CV Vaidya, Epic India, Or, India as Described in the Mahabharata and the Ramayana, ISBN 978-8120615649
  14. ↑ Edward Sachau (Translator), Bīrūnī, Muḥammad ibn Aḥmad, Alberuni's India (Vol. 2), Kegan Paul, Trench, Trübner & Co. (London, 1910.) Chapter LXIX: 154 ページ出版; see Al-Hind too.
  15. ↑ Edward Sachau (Translator), Bīrūnī, Muḥammad ibn Aḥmad, Alberuni's India (Vol. 2), Trübner & Co. (London, 1910.) Chapter LXXII: 164 ページ出版
  16. ↑ 16.0 16.1 Waheed, Abdul (February 2009). "Dowry among Indian muslims: ideals and practices". Indian Journal of Gender Studies (Sage) 16 (1): 47–75. doi:10.1177/097152150801600103.
  17. ↑ Ali, Maqbul (March 2013). "Pangal women: social challenges and education". International Organization of Scientific Research – Journal of Humanities and Social Science (IOSR-JHSS) (International Organization of Scientific Research (IOSR)) 9 (4): 39–42. doi:10.1177/097152150801600103.
  18. ↑ 18.0 18.1 18.2 18.3 18.4 18.5 18.6 18.7 Dalmia, Sonia; Pareena G. Lawrence (2005). "The Institution of Dowry in India: Why It Continues to Prevail". The Journal of Developing Areas 38 (2): 71–93. doi:10.1353/jda.2005.0018.
  19. ↑ "Amend dowry law to stop its misuse, SC tells govt". The Times Of India. 2010-08-17.
  20. ↑ "Sushil Kumar Sharma vs Union Of India And Ors on 19 July, 2005". Indiankanoon.org. Retrieved 2013-02-18.
  21. ↑ Majumdar, Maya (2005). Encyclopaedia of Gender Equality Through Women Empowerment. Sarup & Sons. p. 74. ISBN 9788176255486.
  22. ↑ Lucy Carroll (1991), Daughter's Right of Inheritance in India: A Perspective on the Problem of Dowry, Modern Asian Studies, Vol. 25, No. 4, pages 791-809
  23. ↑ 23.0 23.1 23.2 23.3 23.4 23.5 23.6 Teays, Wanda (1991). "The Burning Bride: The Dowry Problem in India". Journal of Feminist Studies in Religion 7 (2): 29–52.
  24. ↑ 24.0 24.1 24.2 Rao, V.V. Prakasa; V. Nandini Rao (1980). "The Dowry System In Indian Marriages: Attitudes, Expectations And Practices". International Journal of Sociology of the Family 10 (1): 99–113.
  25. ↑ 25.0 25.1 Srinivasan, Padma; Gary R. Lee (2004). "The Dowry System in Northern India: Women's Attitudes and Social Change". Journal of Marriage and Family 66 (5): 1108–1117. doi:10.1111/j.0022-2445.2004.00081.x.
  26. ↑ Krishnaswamy, Saroja (1995). "Dynamics of personal and social factors influencing the attitude of married and unmarried working women towards dowry". International Journal of Sociology of the Family 25 (1): 31–42.
  27. ↑ 27.0 27.1 27.2 SRINIVASAN, SHARADA; ARJUN S. BEDI (2007). "Domestic Violence and Dowry: Evidence from a South Indian Village". World Development 35 (5): 857–880. doi:10.1016/j.worlddev.2006.08.005.
  28. ↑ 28.0 28.1 Seager, Joni (2009). The Penguin Atlas of Women in the World. New York: Penguin Group.
  29. ↑ 29.0 29.1 Bloch, Francis; Vijayendra Rao (2002). "Terror as a Bargaining Instrument: A Case Study of Dowry Violence in Rural India". The American Economic Review 92 (4): 1029–1043. doi:10.1257/00028280260344588.
  30. ↑ Kumar, Virendra (Feb 2003). "Burnt wives". Burns 29 (1): 31–36. doi:10.1016/s0305-4179(02)00235-8.
  31. ↑ Oldenburg, V. T. (2002). Dowry murder: The imperial origins of a cultural crime. Oxford University Press.
  32. ↑ Provisional 2011 Census Data, Government of India (2011)
  33. ↑ Crime statistics in India, Government of India (2011)