Dowry is derived from the ancient Hindu customs of "kanyadan" and "stridhan". In "kanyadan", the father of the bride offers the father of the groom money or property, etc. whereas for "stridhan", the bride herself gets jewelry and clothes at the time of her marriage, usually from her relatives or friends. In "varadakshina", the father of the bride presents the groom cash or kind. All of these could be done voluntarily and out of affection and love.
The Hindu marriage system is sacramental. According to this system, a marriage is forever, and there is no scope for a separation. Among the various ceremonies previously practiced, the ceremony in front of a "godly" fire ("Yajna" in Sanskrit) has taken over, the antiquated system of "marrying a wife by capture. This form of marriage began the practice of dowry, where originally, the family of the bride would accept gifts and money from the groom's (potential conqueror's) family as an alternative to bloodshed during the capture of the bride. A later modification of this system has paved way for the present dowry system primarily practiced by the society.
The dowry custom continues to rule society. In majority of Indian families the boy has inheritance rights while the girl is given a hefty sum at the time of her marriage in lieu of the Government regulated equal rights for girls in parental property. The evil of the dowry system has spread its tentacles in almost all parts of the country and sections of society. There are several reasons for the prevalence of the dowry system, but the main one is that it is a necessary precondition for marriage. "No dowry, no marriage," is a widespread fear. There has also been an emergence of a feudal mindset with a materialistic attitude in a new globalized economy. The price tag for the groom is now bigger and bolder. The emergence of an affluent middle class, the torchbearer of social change in modern India, is the main factor for the perpetuation of the dowry system. Families arrange most marriages, and a man who does not marry for love learns he can marry for possessions. For this man, and his family, a woman becomes the ticket to shortcut riches through the system of dowry.
Dowry as a phenomenon has gone beyond the ritual of marriage. Pregnancy, childbirth and all kinds of religious and family functions are occasions when such demands are made. A more sophisticated public image of an extended gifting session has replaced the old system.
The women have become a kind of commodity. It is them who are the worst sufferers because dowry is most often a monetary agreement between two men - the bride's father and the groom. Caste-based practices have only added fuel to the fire.
Even Muslims and Christians, such as the Syrian Christians of Kerala and the Roman Catholics of Mangalore have started demanding dowry.
Official statistics show a steady rise in dowry crimes. More than 9, 5000 women are killed every year in India over dowry. Bihar and Uttar Pradesh still record the maximum number of dowry crimes, but Bangalore, India's fastest growing city also shows an alarming rise - four women reportedly die every day because of dowry harassment and domestic violence. The cases of dowry torture are the highest accounting for 32.4% of crimes against women in the country.
The Dowry Prohibition Act, in force since 1st July 1961, was passed with the purpose of prohibiting the demanding, giving and taking of dowry. In 1980 the Government set up a committee which recommended amendments in the Dowry Prohibition Act and also suggested expanding the definition of dowry and instituting family courts and National Commission for women. Many parliamentary debates led to some amendments in 1983,1984 and 1986. To stop the offences of cruelty by husband or his relatives on the wife, Section 498-A was added in the Indian Penal Code and Section 198-A in the Criminal Procedure Code in the year 1983. The Dowry Prohibition Act clearly stipulates that a person who gives or takes or helps in the giving or taking of dowry can be sentenced to jail for 5 years and fined Rs.15, 000/- or the amount of the value of dowry, whichever is more. The Act also prohibits the giving and taking directly or indirectly any property or valuable security, any amount either in cash of kind, jewellery, articles, properties, etc. in respect of a marriage. The control is provided by stating a limit and names of gifters and their relationship to the married couple to be signed by both sides of parents. In 1986, the Act was amended again, empowering State governments to appoint Dowry Prohibition Officers, who not only had a preventive role but also had powers to collect evidence against people who took dowry.
Despite protest by women's organizations, serious activism, legal amendments, special police cells for women, media support and heightened awareness of dowry being a crime, the practice continues unabated on a massive scale. Despite every stigma, dowry continues to be the signature of marriage. Women need real social, political, financial and moral support in their fight against the system. They have to be empowered so that they can take their decisions about their own life by refusing the dowry system.
The Dowry Prohibition Act, in force since 1st July 1961, was passed with the purpose of prohibiting the demanding, giving and taking of dowry. In 1980 the Government set up a committee which recommended amendments in the Dowry Prohibition Act and also suggested expanding the definition of dowry and instituting family courts and National Commission for women. Many parliamentary debates led to some amendments in 1983,1984 and 1986. To stop the offences of cruelty by husband or his relatives on the wife, Section 498-A was added in the Indian Penal Code and Section 198-A in the Criminal Procedure Code in the year 1983. The Dowry Prohibition Act clearly stipulates that a person who gives or takes or helps in the giving or taking of dowry can be sentenced to jail for 5 years and fined Rs.15, 000/- or the amount of the value of dowry, whichever is more. The Act also prohibits the giving and taking directly or indirectly any property or valuable security, any amount either in cash of kind, jewellery, articles, properties, etc. in respect of a marriage. The control is provided by stating a limit and names of gifters and their relationship to the married couple to be signed by both sides of parents. In 1986, the Act was amended again, empowering State governments to appoint Dowry Prohibition Officers, who not only had a preventive role but also had powers to collect evidence against people who took dowry.
Despite protest by women's organizations, serious activism, legal amendments, special police cells for women, media support and heightened awareness of dowry being a crime, the practice continues unabated on a massive scale. Despite every stigma, dowry continues to be the signature of marriage. Women need real social, political, financial and moral support in their fight against the system. They have to be empowered so that they can take their decisions about their own life by refusing the dowry system.
0 comments:
Post a Comment