DOWRY DEATH

Author: SABIA TAQI, B.R.M. GOVT. LAW COLLEGE

INTRODUCTION

Marriage in India is steeped in tradition, deeply confirmed artistic beliefs are passed on every month and in some cases with changing times. However, there is one custom that stubbornly resists any change in the dowry system in India. Its roots date back to the Middle Ages when it was given by her family to the Pride as an occasion or to a friend to maintain independence after marriage. During the colonial period, it became the only legal form of marriage the British made the use of dowry compulsory.
Dowry is a transfer of property, gifts, or money from parents at the time of their daughter’s marriage. Dowry goes against the related concepts of bride price and bride price. If the bride price or bride service is a payment made by the groom or his family as a dowry to the bride’s parents, the property that passes from the bride’s family to the room or her family is apparently for the benefit of the bride. Therefore, a gift is an asset transferred by the groom to the bride in connection with the wedding, which remains under his ownership and control. The Dowry Prohibition Act, of 1961 was enacted to prohibit the giving or taking of dowry and related offenses. Dowry deaths are the deaths of married women who are murdered or forced to commit suicide due to dowry disputes. Dowry occurs mainly in India, Pakistan, Bangladesh and Iran. In context, a dowry is a material exchange that brides donate to the groom’s side during the wedding.

MEANING

Dowry is a form of payment that the bride’s family pays to the groom’s family in property or money. This fee is paid to the groom’s family at the time of the wedding. Most bride’s families offer dowry to make their daughter happy with her in-laws, but they don’t realize that dowry can harm their children as well.
Many dowry disputes have led to violence against women such as acid attacks and murders. Concubines are married women whose husband’s family forces them to commit suicide or murder. A married woman is forced to commit suicide by her husband due to the constant harassment and torture they face in a dowry dispute.

FACTORS AFFECTING THE DEATH OF DOWRY

The dowry system involves marriage-related payments of capital, durable goods, and even real estate from the bride’s family to the groom’s family. This practice is rooted in cultural and religious traditions, often perpetuated by social norms that disadvantage women. Hindu inheritance law has historically been biased towards male inheritance, further exacerbating women’s lack of property rights and financial independence. Pressure from the bride’s family to give a dowry can lead to financial hardship and inequality for women. Failure to meet dowry requirements can lead to violence, abuse, and even death of the bride. The Dowry Prohibition Act of 1961 was implemented to address these issues but was deemed ineffective in limiting dowry-related violence and deaths.

EXTENT OF DOWRY DEATH’S

The number of dowry deaths in India has been alarmingly high, with thousands of cases reported every year. For example, in 2010 alone, 8,391 dowry deaths were reported. The female dowry death rate in India has been estimated at 1.4 deaths per 1,000 women. Between 1999 and 2016, it was reported that 40 to 50 percent of female murders in India were related to dowry issues.

LEGAL FRAMEWORK AND ENFORCEMENT

In response to the alarming number of dowry deaths, for example, various laws have been enacted in India. The Dowry Prohibition Act of 1961 was intended to curb the demand for dowry. Dowry crimes are punishable by imprisonment and fines under these laws. However, the enforcement of anti-dowry legislation has often been criticized as ineffective and insufficient to prevent such crimes.

CAUSES AND MANIFESTATIONS

Dowries often die when the bride’s family does not meet the groom’s demands for dowry payment or gifts. Dissatisfaction with dowry can lead to domestic violence and conflicts in marriage. In extreme cases, a young woman can be forced to commit suicide or murder, for example by burning the bride (if she is set on fire) by the groom’s family.

CONTRIBUTIONS OF GOVERNMENT:

Central Government Act section 304B in the Indian Penal Code is commonly known as the Dowry death IPC. Section 304B states that when the death of the woman is caused by any burns or bodily harm that occurred in any other situations other than standard conditions within seven years of marriage and if proved that before her death, she was subjected to harassment or cruelty by husband or husband’s family in connection for a request for dowry, which may be called dowry death, and the death was probably caused by a relative of the husband. Anyone who causes the death of a dowry should be punished with imprisonment of at least seven years which may extend to life imprisonment. Despite the steps taken by the Government of India to prevent dowry deaths, it is still commonly seen in the country.

There is a dowry prohibition act of 1961 according to which any property or valuable security should not be given to the in-laws for a valid marriage proposal. Giving and taking of dowry are both considered offenses. These are some of the initiatives that the government has taken to ensure the safety of women.

DOWRY DEATHS IN INDIA

Even though the Indian laws against dowry have been effective for decades, giving and taking dowry still exist. Many murders continued over dowry. This is the practice of dowry deaths, and many are still turning a blind eye in many parts of India. Some of the few types of dowry crimes are

CRUELTY

Cruelty can take the form of verbal assault or abuse and force women and families to bow to dowry demands. In some cases, the harassment has forced women to commit suicide.

DOMESTIC VIOLENCE

Domestic violence can consist of many threats and abuses: mental, physical, financial and sexual abuse. Most of the victims of dowry deaths in India are young women who cannot bear the harassment and torture and commit suicide by consuming poison or hanging themselves. Dowry death is done when the groom’s family is not satisfied with the dowry given by the bride’s family.

CONCLUSION

The accomplice deaths are a tragic consequence of deep-rooted cultural practices that perpetuate gender-based violence against women in South Asia. Efforts to solve this problem require not only legal reforms but also social changes that challenge traditional norms of marriage and gender roles. A significant part of the country is illiterate and they do not understand that a dowry indirectly creates problems for the daughters of the families of in-laws. Because of such systems and practices, girls are killed at birth or orphaned. A little girl is seen as a burden to their families because one day they will have to marry and send them away.