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Dowry system in India

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In India, dowry (Template:Lang-hi, Dahēja)[1] is the payment in cash or some kind of gifts given to bridegroom's family along with the bride. Generally they include cash, jewellery,[2] electrical appliances, furniture, bedding, crockery, utensils and other household items that help the newlywed set up her home.

The dowry system is thought to put great financial burden[3] on the bride's family. It has been one of the reasons for families and women in India resorting to sex selection[4] in favor of sons.[5] This has distorted the sex ratio of India (940 females per thousand males[6]) and has given rise to female foeticide.[7] The payment of a dowry has been prohibited under The 1961 Dowry Prohibition Act in Indian civil law and subsequently by Sections 304B and 498a of the Indian Penal Code (IPC).

Prevalence

The trends regarding dowry in India vary across the nation[8] (Bhat 1999). Over the last few decades, there has been an observed transition from the brideprice system, where wealth flows from the groom to the bride’s family, to the dowry system where wealth flows in the opposite direction[8][9] (Bhat 1999, Rao 1993). According to studies, areas in south India have traditionally practiced the brideprice system, even among upper castes[8][10][11] (Bhat 1999, Hutton 1963, Srinivas 1989). In the north, societal differences in marriage led upper castes to practice a dowry system, while in lower classes brideprice was more common[8] (Bhat 1999). In recent years, the dowry system has taken over the brideprice system, and the existing dowry system is becoming more entrenched in cultures that have practiced it traditionally [8][9][12] (Bhat 1999, Rao 1993, Srinivasan 2005). According to research, brideprice has been declining since the beginning of the 20th century, and today very little is still in practice. Rather, dowry has been growing both in families participating and in cost across India [8][9] (Bhat 1999, Rao 1993). Studies show there are also variations on dowry prevalence based on geography and class. States in the north are more likely to participate in the dowry system among all classes, and dowry is more likely to be in the form of material and movable goods [13] (Dalmia 2005). In the south, the brideprice system is still more likely, and is more often in the form of land, or other inheritance goods. This system is tied to the social structure of marriage, which keeps marriage inside or close to family relations [13](Dalmia 2005). Dowry also varies by class, or caste, in India. Upper class families are more likely to engage in the dowry system than the lower class. This could be in part due to women’s economic exclusion from the labor market in upper classes [13][14] (Dalmia 2005, Anderson 2007).

Laws

See also: Dowry law in India

Dowry became prohibited by law in 1961 with the purpose of prohibiting the demanding, giving and taking of dowry. Although providing dowry is illegal, it is still common in many parts of India for a husband to seek a dowry from the wife's family, in some cases leading to extortion or violence against the wife. To stop offences of cruelty by the husband or his relatives against the wife, section 498A was added to the Indian Penal Code and section 198A to the Criminal Procedure Code in the year 1983. Section 498A has been criticised by many in India as being prone to misuse.[15] The law was challenged in court, but upheld by the Supreme Court of India in 2005.[16]

Social factors

Social changes across time have contributed to the modern dowry system in India. Some of the social factors influencing dowry include tradition, increased women’s rights, and the “marriage squeeze”, which is the shortage of eligible men for marriage [8] (Bhat 1999).

Tradition is certainly one explanation given by scholars to address the prevailing dowry system [13] (Dalmia 2005). One aspect of this is the structure and kinship of marriage in parts of India. In the north, marriage usually follows a patrilocal (lives with husband’s family) system, where the groom is a non-related member of the family. This system encourages dowry perhaps due to the exclusion of the bride's family after marriage as a form of premortem inheritance for the bride[13] (Dalmia 2005). In the south, marriage is more often conducted within the bride's family, for example with close relatives or cross-cousins, and in a closer physical distance to her family. In addition, brides may have the ability to inherit land, which makes her more valuable in the marriage, decreasing the chance of dowry over the brideprice system[13] (Dalmia 2005).

In addition to marriage customs that may influence dowry, social customs or rituals, and parents expectations of dowry are important factors to consider. Several studies show that while attitudes of people are changing about dowry, the institution has changed very little, and even continues to prevail[17][18] (Krishnaswamy 1995, Rao 1980). In a study conducted by Rao (1980), 75% of students responded that dowry was not important to marriage, but 40% of their parents’ likely expected dowry [18] (Rao 1980). The social and traditional influence on dowry is not to be neglected.

While India has been making progress for women’s rights, women continue to be subject of their family and husband [19][20] (Srinivasan 2007, Seager 2009). Women’s education, income, and health are some significant factors that play into the dowry system, and for how much control a woman has over her marriage. According to data, India still limits women’s social interactions, and restricts economic and social rights[20] (Seager 2009). In addition, the stress and financial burden of the dowry system may lead to son preference, which can lead to skewed sex ratios[20] (Seager 2009).

Lastly, there is a strong argument given for the “marriage squeeze” trend for dowry[8][9][13][17] (Rao 1993, Bhat 1999, Krishnaswamy 1995, Dalmia 2005). This theory explains that increased fertility coupled with decreased mortality has caused a shortage of eligible men has declined, raising the dependence on and cost of dowry[9] (Rao 1993). This increases women’s competition in the marriage market, and decreases their value compared to other brides, unless dowry is competitive[8] (Bhat 1999). According to Rao (1993), these conditions will be less critical as marriage age increases for women, and pressure to find a mate declines.[9]

Economic factors

There are many economic factors that contribute towards the system of dowry. Some of these include inheritance systems and the bride’s economic status.

Because female-based inheritance was not legal in India until law reforms in the 1950’s, dowry may have begun as a form of legal inheritance for daughters[12][13] (Dalmia 2005, Srinivasan 2005). The system would give women economic and financial security in their marriage in the form of movable goods. This helped prevent family wealth break-up and provided security to the bride at the same time[13] (Dalmia 2005). This system can also be used as a premortem inheritance, as once a woman is presented with movable gifts, she is cut off from the family estate[21] (Teays 1991).

However, as the system evolved, dowry has become a greater financial burden on the family, and can leave families destitute based on the demands from the groom[12][13][18] (Dalmia 2005, Rao 1980, Srinivasan 2005). According to research done by Heyer (1992) and Srinivasan (2005), the amount of gold demanded as dowry has increased from around five pavun in 1930 to 100 or more pavun in 2000.[12] The increase in dowry prices has immense implications on families and on women in Indian society (see domestic violence section)[12][13][18][22] (Dalmia 2005, Rao 1980, Srinivasan 2005, Srinivasan 2004).

Another factor affecting dowry is the bride’s economic status. When a bride’s family is from a upper class (or caste), the family is expected to pay more for her dowry, and provide a grand display of wealth[12][18] (Rao 1980, Srinivasan 2005). This can be detrimental to a bride’s wedding prospects if the family cannot afford the dowry, and can lead to some women either being forced into an unfavorable marriage or not marrying at all[12][18][22] (Rao 1980, Srinivasan 2005, Srinivasan 2004). Women in higher castes are also sometimes not expected to contribute financially to the family she enters, besides household work, which may cause the prevalence of dowry over brideprice [14] (Anderson 2007).

Domestic violence

In 2001 nearly 7,000 dowry deaths[23] were registered in India over inadequate dowry, apart from other mental trauma cases.[24] Bride burning,[25] inducing suicides, physical and mental torture by their husband or in-laws is sometimes found to be done if the bride fails to bring sufficient dowry.[26] There are laws like Protection of Women from Domestic Violence Act 2005 that help to reduce domestic violence and to protect women's rights.

See also

References

  1. ^ Godrej ‘Nupur Jagruti’- Dahej Ke Khilaf Ek Awaz
  2. ^ "Dowry death: Police recovers Payal's items". Tribune.
  3. ^ "Indian Man Accused of Killing Wife Who Refused to Abort Third Daughter". National Right To Life News Today. May 17, 2011.
  4. ^ "Govt looks to tighten abortion norms". The Times Of India.
  5. ^ Son preference attitude among Indian parents - A silent emergency | TwoCircles.net
  6. ^ Census of India - India at a Glance : Sex Ratio
  7. ^ "Kashmir's 'missing girls'". Agence France-Presse. 2011-05-19.
  8. ^ a b c d e f g h i Bhat, P. N. Mari (1999). "Demography of Brideprice and Dowry: Causes and Consequences of the Indian Marriage Squeeze". Population Studies. 53 (2): 129–148. {{cite journal}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  9. ^ a b c d e f Rao, V. (1993). "Dowry 'inflation' in rural India: A statistical investigation". Population Studies. 47 (2): 283–293.
  10. ^ Hutton, J.H. (1963). Caste in India: Its Nature, Function and Origins. Bombay: Oxford University Press.
  11. ^ Srinivas, M.N. (1989). The Cohesive Role of Sanskritization and Other Essays. Delhi: Oxford University Press.
  12. ^ a b c d e f g Srinivasan, Sharada (2005). "Daughters or Dowries? The Changing Nature of Dowry Practices in South India". World Development. 33 (4): 593–615.
  13. ^ a b c d e f g h i j k Dalmia, Sonia (2005). "The Institution of Dowry in India: Why It Continues to Prevail". The Journal of Developing Areas. 38 (2): 71–93. {{cite journal}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  14. ^ a b Anderson, Siwan (2007). "The Economics of Dowry and Brideprice". The Journal of Economic Perspectives. 21 (4): 151–174.
  15. ^ "Amend dowry law to stop its misuse, SC tells govt". The Times Of India. 2010-08-17.
  16. ^ "Sushil Kumar Sharma vs Union Of India And Ors on 19 July, 2005". Indiankanoon.org. Retrieved 2013-02-18.
  17. ^ a b Krishnaswamy, Saroja (1995). "Dynamics of personal and social factors influencing the attitude of married and unmarried working women towards dowry". International Journal of Sociology of the Family. 25 (1): 31–42.
  18. ^ a b c d e f Rao, V.V. Prakasa (1980). "The Dowry System In Indian Marriages: Attitudes, Expectations And Practices". International Journal of Sociology of the Family. 10 (1): 99–113. {{cite journal}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  19. ^ SRINIVASAN, SHARADA (2007). "Domestic Violence and Dowry: Evidence from a South Indian Village". World Development. 35 (5): 857–880. {{cite journal}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  20. ^ a b c Seager, Joni (2009). The Penguin Atlas of Women in the World. New York: Penguin Group.
  21. ^ Teays, Wanda (1991). "The Burning Bride: The Dowry Problem in India". Journal of Feminist Studies in Religion. 7 (2): 29–52.
  22. ^ a b Srinivasan, Padma (2004). "The Dowry System in Northern India: Women's Attitudes and Social Change". Journal of Marriage and Family. 66 (5): 1108–1117. {{cite journal}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  23. ^ Ash, Lucy (2003-07-16). "India's dowry deaths". BBC News.
  24. ^ "Till death do us part". Deccan Herald. 20 May 2011.
  25. ^ "School 'pays dowry' to save girls from childhood marriage". CNN. 2011-06-16.
  26. ^ "Rising dowry cases cast shadow over nuptial knot". The Times of India. 2013-09-17.
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