BHARATI VIDYAPEETH (DEEMED TO BE UNIVERSITY)

NEW LAW COLLEGE, PUNE

NAME:
RUBEL PATIL
BA. LL. B (2nd year, 4th semester)

ROLL NUMBER: 45 SECTION: B

SUBJECT:
POLITICAL SCIENCE

SUBMITTED TO:
MR. SHUBHAM TRIPATHI

DOWRY
 BACKGROUND:
In this article we will be deciphering the many aspects of
dowry in India. Dowry in India has been present since the very beginning and still
continues to exist in some parts of the country. Dowry is an evil that has haunted many
households and ruined the lives of several young women. It’s a degrading practice in our
society which was practiced openly in the name of tradition. Dowry is a toxic trait that
has risen out of the age-old stubborn patriarchy in our country. Firstly we will discuss
how dowry started in India what was its catalyst, when it started and its present scenario.
Secondly, we will also look at the destruction the practice of dowry caused and how it
ruined the core of the society. There were different ways and volumes to how dowry was
taken which will be established through this article. The most horrifying consequence of
dowry was dowry death. Many women lost lives because of the harassment they faced for
not fulfilling the expectation they’re in laws had with for a higher dowry. Along with the
woman their families were also harassed and due to the fear of any harm being caused to
their daughters they’d use all their savings for their daughters dowry with no money to
spare for themselves. Although, after looking at the destruction and the side effects of
dowry the government laid many provisions for protection against dowry. We will also
discuss many case laws which laid down precedence for development against dowry.
Progress was most definitely observed but the stigma of dowry is still not totally quashed.
All of the mentioned topics will be defined profoundly below.

 HISTORY:
In practise, it is not the origin of the dowry custom in India, but it does
have some historical significance. The difference between dowry and brides wealth
was explained in the Manu Code. Dowry was linked to the Brahmanic caste, whereas
bride wealth was linked to the lower caste. Dowry was referred to in ancient texts as
'Yuatraka,' which means avaricious gift that confirms the union of two people. The
girl in the marriage was given in exchange for a price known as 'Sulka.' Dowry has
been prevalent since the Vedic period, and gifts from parents and relatives are
recognised as women's wealth known as 'Stridhan.' It was given to the bride as a
support that she could use for her own purposes. If her absent husband has not made
any provisions, she may be able to use the property to support herself, her son, or her
daughter in law. Lord CornWallis enabled the privatisation of land, which was
previously unheard of in India, in 1793. During this time, the British outright
prohibited women from owning any land or property. This was the time when parents
used to give money to the bride during her wedding, and because the British
prohibited women from having any kind of wealth, the money she received from her
parents now belongs to her husband. The husband began abusing his right to the
wife's wealth. And it was at this point that the concept of dowry took a turn and
became a consideration for nuptials, which meant that the bride had to bring wealth as
desired by her in-laws' family as an element of her marriage. If the bride did not bring
 the desired wealth, various crimes such as murder, mental abuse, suicide, and so on
occurred. The groom's family put pressure on the woman to covet.

The dower is a sum of money or property paid to the bride at the time of
marriage in Islamic law. The law grants the wife the right of Mahr or Dower. The
bride has the right to Mahr according to the Holy Quran, which states, "You shall
obtain permission from their guardians before marrying them, and pay them their due
mahr (dowries) equitably, you give them their bridal due (as) on obligation." And
(there is) no sin on you for what you mutually agree on (dowry) beyond the
obligation.

 DOWRY AS A CRIME:

Dowry is widely regarded as a major contributor to

observed violence against women in India. Dowry is a social evil that has resulted in
unimaginable tortures and crimes against women. There have been numerous cases of
dowry death reported over the years. In all of these cases, we hear how the in-laws,
husbands, and family members torture the women, causing them to commit suicide or,
in some cases, to kill her. Dowry became a crime as a result of this.
There is one story of a woman in Kerala, but it is the
story of thousands of women in India who are in the same situation. The 24-year-old
woman, discovered dead at her husband's house, claimed in whatsapp messages that
her husband, Kiran Kumar, dragged her by her hair and stamped on her face. Vismaya
Nair, an Ayurvedic medicine student, was discovered hanging in a bathroom at her
husband's house. Her father, Thrivikraman Nair, stated that the family had given
Kumar 800 grammes of gold and over one acre of land as dowry, as well as a car
worth Rs 10 lakh. But he allegedly continued to assault her and demanded more. She
died as a result of dowry. We can conclude from her story that dowry is not only
practised by the poor or the uneducated, but it is practised all over the world. As a
society, we must reform the current marriage system. Both giving and receiving
dowry is a crime. When parents give dowry, it encourages more people in society to
do the same; however, if parents refuse to give and take, the dowry system will be
abolished. Parents must understand that marriage is not a trade-off for their children.

 TYPES OF DOWRY CRIME:

1. Cruelty:
Cruelty to women in the form of harassment or torturing. The cruelty could
take the form of a verbal attack or it could be accompanied by beatings or
harassment in order to force the woman or her family to comply with the
dowry demand.

2. Domestic abuse:
 It encompasses a wide range of abusive and threatening behaviour, including
physical and emotional harassment.

3. Suicide facilitation:
Continued abuse by her husband and his family members with harmful treats
may lead to a woman's suicide. The offence of aiding and abetting suicide is
significant because, in many cases, the accused frequently raise the defence
that the victim committed suicide of her own free will, even though this may
not be true in reality.

4. Dowry death:
Most dowry deaths occur when the young woman, unable to bear the
harassment and torture, commits suicide by hanging herself or consuming
poison. Dowry deaths also include bride burning where brides are doused in
kerosene and set ablaze by the husband or his family. Sometimes, due to their
abetment to commit suicide, the bride may end up setting herself on fire.

 DOWRY IN IPC AND INDIAN EVIDENCE ACT:

Section 304B of the
Indian Penal Code, 1860, defines dowry death. The presumption of dowry death is also
stated in Section 113B of the Indian Evidence Act of 1872. Section 304B of the Indian
Penal Code states that if a woman dies within seven years of marriage by any burns or
bodily injury or it was revealed that before her marriage she was exposed to cruelty or
harassment by her husband or any other relative of the husband in connection to demand
dowry then the death of the woman will be considered as a dowry death. Punishment for
dowry death is a minimum sentence of imprisonment for seven years or a maximum
sentence of imprisonment for life.