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    BlogLegal BlogsDowry: The Evil Eye For Indian Society

    Dowry: The Evil Eye For Indian Society

    This content on “Dowry: The Evil Eye For Indian Society”; is by Nalini Singh. She is pursuing Law from IMS Law College, Noida and is Content Writer & Legal Researcher at Legal Thirst.

    ” Happiness resides where women are honoured.” 

    Introduction

    In India, it is said that marriages are solemnized by the grace and sanction of almighty on the other  hand we also witness some glutinous crowd in the society who are sitting like a vulture to grasp  other’s bread and butter call it as “Dowry System” since centuries this custom is being followed up in  India and flourishing with time. In the ancient times there was no compulsion, but in recent times  this system has taken a very ugly shape, It is now demanded and settled after a lot of negotiations  and bargain. Performing marriage with the coming desire of commanding for goods, cash, property has nearly degraded the name of “marriage”.  

    Present Condition on Dowry In India

    Dowry is terrible and unprincipled practice which is blooming day by day in India by the report of  NCRB, 2019 dowry death cases in India amounted to more than 7 thousand (on recorded) and many  such more cases which are yet not lodged. In the same year Uttar Pradesh and Bihar had the highest  number of reported dowry death cases where registered with the authorities. This category of crime came under the purview of Section 304-B of the Indian Penal Code. It denotes the dreadful  situations which is being created by the time “dowry”.

    Root of many Crimes

    It is contemplated as a significant contributor  towards domestic violence cases with the passage of time dowry has indulged many attributes like  demanding diplomatically manipulating bride for forcing her parents to get more assets and favours  done, such immoral proceedings are being carried which is not only hazardous towards bride on the  contrary to her family members, who are directly getting distressed by such events. Asking bride’s  family for unforeseen amount of money and bearing items before solemnizing marriage is an  alarming situation which one goes through at that point of time father of bride tends to keep his property in mortgage for fulfilling the demand, even after doing every asked think it does not stop  right here.

    The gluttonous increases as wedding date comes nearby. Currently, dowry rates are  being established according to the profession of groom. If he belongs to the category of  “Government Job” the rate undeniably accelerates however the excellence and credibility of bride  doesn’t make any difference to groom family, along with all these facts there is an astonishing data  that women are tremendously immersed into this process of dowry as we hear that mother’s /sister  of groom are more biggish towards this process. 

    Dowry: Marriage Settlement

    Dowry has gained its own name as “marriage settlement” where marriage is being conducted with  certain terms and conditions. In our culture we used to classify marriage as divine integrity. However, it has turned into a mere contract. This is like a chronic disease which is emerging more among accomplished and certified people. Now let us think about the situation; where an non-wealthy family goes through rejection in view of the point he/ she wasn’t able to fulfil desired amount. The amount  of mental trauma a family goes through is immeasurable; and can be represented via words, the  quantity of embarrassment and discomfort; it leads to effects the “bride” is supreme. 

    Now coming to the point, where the bride goes to her in-laws house and faces multiple mental  tortures, diplomatic questions; which makes her feel discomfort and hard to live. The feeling by which women (bride) goes through is tearful after frequent reminders from her spouse and in laws  family. She become constraint to lay down the new demands as it has been witnessed in many cases; that if bride family succumbs to reach the target in given time thereupon bride has to go  through several physical assault; and sometimes even a plan to conduct a cold-blooded murder  which is known as dowry death, how horrible it sounds .

    Rajbir@ Raju & Aur Vs.State of Haryana ) AIR 2011 SC 568

    There is a landmark case of Dowry deaths in India; where the wife was murdered by her husband in a very barbaric manner by hitting her head and strangulating despite knowing the fact she was 4 months pregnancy.

    Reason of her death was that she couldn’t fulfil his dowry thrust  which was increasing rapidly after months of marriage. Later case went into trial court and deceased  (husband) and his mother was found guilty and awarded life imprisonment. An appeal preferred by  petitioner. High Court of Punjab and Haryana reduce life imprisonment into 10 years rigorous  punishment to husband and 2 years rigorous punishment to mother-in-law of deceased. Justice was served but two lives were lost. This intensifying hunger of dowry made (deceased) family’s life a real  nightmare and served them with unpleasant days. 

    Number of reported Dowry Case in India 2019 by Leading State 

    Source- NCRB

    S. No. Name of State No. of Reported Cases
    Uttar Pradesh 2410
    Bihar 1120
    Madhya Pradesh 550
    Rajasthan 452
    West Bengal 444
    6Odisha 342
    7Jharkhand 299
    8Haryana 248
    9Maharashtra 196
    10Karnataka 194
    11Telangana 163
    12Assam 156
    13Delhi 116

    To remove this abominable practice from nation, our Indian Legal System has made strict laws  named “Dowry provision Act, 1961” which was passed in 1961 and it prohibits giving and taking  dowry, and if somebody found giving or taking dowry after the commencement of this Act shall be  punished with imprisonment not less than 5 years. Keeping in mind women safeguard section 498A  of Indian Penal Code was formed which stands for domestic violence against women in our legal  system.

    It is established as cognizable and non bailable offence and Section 198A of Criminal  Procedure Code 1973 moreover government of India has also passed legislation for Muslim women  “Protection of Rights on Marriage Act” which prohibits Triple Talak. If someone found doing or  engaging in that act shall be held guilty and imprisoned for a term not less than three years.  Therefore, government and legal system has protected and encroached women’s safety and has  provided adequate legal remedies. However, we need to spread legal awareness to women who are  unfamiliar with these terms. 

    Recommendation 

    For get rid from this dreadful dowry disease, we need to educate our daughters and make them  independent on their foot. Legal awareness is also very significant to every daughter and mother in  family, apart from all these social and mental grooming is the prominent factor which would lead to  excellence in order to get relived from this.

    Conclusion 

    The magnitude of the problem of dowry today is to be assessed not only on the basis of the  increasing number of the reported case of burning birds but also a good number of girls  remaining unmarried even after crossing the marriageable age due to their parents inability  to pay handsome dowry amount is basically a social and cultural problem which cannot be  eradicated by law alone. Foe this eradication, the society will need to fight from the grass  root level. We know that success of all legislation depends upon the support of general  public You should be taught the importance of new social value which can be attend only  after getting education.


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