Siddhanth Goel
Christ (Deemed to be University), Bengaluru
Introduction:
In India, marriage is considered to be one of the most important things but does it stop there only? No, marriage in India is all about dowry. The Dowry system in India has been prevalent since the medieval period. Several kings and queens from around the world came to India and left, Britishers came and ruled India for more than 100 years and even they were forced out of India in 1947 but the dowry system never left India. It has been there in the Indian roots for more than 10 generations now. In fact, during the colonial rule, dowry was made compulsory for marriage. It makes one wonder has India really gotten its independence?
Legal provisions:
Before we delve into a discourse on its social and legal nuances, it is important to first understand what dowry actually is? According to the Dowry Prohibition Act, 1961, ‘dowry’ is defined as “any property or valuable security given or agreed to be given either directly or indirectly: a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person; at or before or any time after the marriage in connection with the marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.“[i]In India, there are 3 different laws related to dowry and they are Dowry Prohibition Act, 1961 which prohibits taking from or giving dowry to anyone. Second is Section 498-A of the Indian Penal Code which prohibits cruelty by husband or relatives towards a woman of any sort that might harm or relates to demand of any property or money. Finally, the third law is Section 304–B of the Indian Penal Code which relates to dowry death or death of any woman in the first seven years of marriage in connection with dowry.[ii]However, the looming question remains, what is the use of these laws if dowry cannot be stopped in India.
Social reasons for its prevalence:
Why is this dowry system still prevalent in India when it was abolished by the government in 1961? The answer lies in India’s patriarchal system which values men over women. In some cases, it might be possible that the girl or to be bride is more educated than the boy but still the bride’s family has to pay a price for getting their daughter married in that family. It’s something very disturbing. In the first place, the parents are letting their daughter go from their home. Secondly, they have also raised their daughter and have put their hard-earned money in all that and also, after marriage she will not be there to take care of her parents. Also, in some cases, parents have to take a loan to fulfil the whims and extravagant fancies of the groom’s family and sometimes they have to sell their assets which makes them vulnerable to a lot of other issues for the rest of their life. So why this inequality? Because it is been there in Indian society for so many years that the families who wish to stand against it are denied recourse to reform and very few families in India understand and stand against the dowry system. No doubt the dowry system is deeply rooted in the Indian culture but that does not mean we can’t change it. It is been established in such a way that only a few people think that it’s wrong. For others, it’s normal. And the main reason is that the marriage of women in our society has prime importance. The expectation of a family from a girl turning 24 is marriage and earlier such expectation arose as early as at the age of 15-18. In India, girls were forced to marry even before they used to hit puberty. What kind of a society is this?
The reasons for the same are abundant but the most important and one of the leading reasons is education. According to the Educational statistics report released by MHRD in 2018, the overall literacy rate in India is 69.1%. The number includes both urban and rural areas. The number pertains to the year 2014.[iii] The people in India are not educated enough to understand that it is illegal and that they need to stand up against it. Even educated people give up willingly or unwillingly when it comes to a daughter’s marriage. Why is the concept of this whole dowry system more common in rural areas? It is because of illiteracy. Another pivotal reason is lack of awareness about rights. The basic problem in India is unawareness. For every other issue, one can find this as a common problem. Even if the government has made laws but still people don’t know about it. It’s been almost 60 years that Dowry Prohibition Law came into existence but still, we are not able to wipe it off. Thirdly very important reason is not registering the cases and not standing up against this practise. Staying quiet is another problem in India. The fear of the consequences of standing up against it cannot be denied as the Indian Law System is not able to provide them the needed justice. It will be wrong to say that the Indian Law System is not working or improving towards it but still we need to go a long way to completely remove this evil from the society.
Strategies to overcome the social evil:
To eradicate this issue from the society, everyone has to do their bit and has to contribute to this. As a part of the society we must all learn to stand up against such evil. Create awareness among the people, explain to them why it is wrong, and tell them that even if it’s been practiced in India for more than 500 years now, it does not mean it is right. Something which is wrong is wrong. The government must adequately protect those who show courage and stand up against the societal issue. It is the duty of government, the legal system and various other departments connected therewith to not only offer protection but also to provide education and spread awareness about the rights they have. An important stakeholder in this situation is the man. If he himself supports the right thing which is the abolishment of the dowry system then automatically half of the work will stand done.
Conclusion:
No one has ever said that if something is going on for generations in the society then it is always right. Many of the customs and beliefs which have been practiced in our society are wrong. Like the belief of having a son and not a daughter in itself is so wrong. It appears as though India got its independence in 1947 only on paper but our thoughts are still struggling to be free from the shackles of the past. It won’t be wrong to say that parents in India are still facing the issue of understanding this but it’s alright for them to take time and know why is it wrong because they have seen the same thing and even have been the part of it but it’s the duty of their children to explain them why is it wrong and even government won’t be able to help the society if the society is not willing to change. Someone will be able to help someone in need only if the person in need is willing to take help. Mahatma Gandhi once said, “Be the change that you wish to see in the world”.
REFERENCES:
[i] Wcd.nic.in. 2020. Dowry Prohibition Act, 1961 | Ministry Of Women & Child Development | Goi. [online] Available at: <https://wcd.nic.in/act/dowry-prohibition-act-1961> [Accessed 10 July 2020].
[ii] The Hindu. 2020. Dowry: What The Data Says And What It Doesn’t. [online] Available at: <https://www.thehindu.com/opinion/blogs/blog-datadelve/article6186330.ece> [Accessed 10 July 2020].
[iii] NDTV.com. 2020. International Literacy Day 2019 Today; Figures On Language And Literacy In India. [online] Available at: <https://www.ndtv.com/education/international-literacy-day-2019-figures-on-language-and-literacy-in-india-2097323> [Accessed 10 July 2020].
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