Dowry system in India

2022-06-11T21:09:11Z

103.6.156.73:

{{Short description|Overview of the dowry system in India}}
[[File:India - Delhi wedding - 5438.jpg|thumb|300px|Wedding gifts for the son of the [[Imam]] of [[Delhi]], [[India]]|alt=]]{{Use dmy dates|date=July 2018}}
The '''dowry system in India'''<ref>{{cite web
| url = http://www.moneycontrol.com/news/business/godrej-%E2%80%98nupur-jagruti%E2%80%99dahej-ke-khilaf-ek-awaz_270666.html
| title = - Moneycontrol.com
| date = 8 March 2007
| url-status = live
| archive-url = https://web.archive.org/web/20120111134223/http://www.moneycontrol.com/news/business/godrej-%E2%80%98nupur-jagruti%E2%80%99dahej-ke-khilaf-ek-awaz_270666.html
| archive-date = 11 January 2012
}}</ref> refers to the durable goods, cash, and real or movable property that the bride's family gives to the groom, his parents and his relatives as a condition of the [[marriage]].<ref name=":2">{{Cite book
| title = Dowry Deaths and Access to Justice in Kali's Yug: Empowerment, Law and Dowry Deaths
| last = Rani Jethmalani & P.K. Dey
| year = 1995
| pages = 36, 38
}}</ref> Dowry is essentially in the nature of a payment in cash or some kind of gifts given to the groom’s family along with the bride and includes cash, jewellery, electrical appliances, furniture, bedding, crockery, utensils, vehicles and other household items that help the newlyweds set up their home.<ref name=":3">{{Cite book
| title = Law Relating to Dowry, Dowry Deaths, Bride Burning, Rape, and Related Offences
| last = Paras Diwan and Peeyushi Diwan
| publisher = Universal Law Pub. Co.
| year = 1997
| location = Delhi
| pages = 10
}}</ref> [[Dowry]] is referred to dahez in Hindi and as ''jahez'' in [[Urdu]].<ref name="Waheed">{{cite journal
| last = Waheed
| first = Abdul
| title = Dowry among Indian muslims: ideals and practices
| journal = [[Indian Journal of Gender Studies]]
| volume = 16
| issue = 1
| pages = 47–75
| doi = 10.1177/097152150801600103
| date = February 2009
| s2cid = 142943653
}}</ref>

The dowry system can put great financial burden on the bride's family.<ref name="Anderson 2007" /> In some cases, the dowry system leads to crime against women, ranging from [[emotional abuse]] and injury to even deaths.<ref name=":5" /> The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act 1961 approved by the Parliament of India and subsequently by Sections 304B and 498A<ref name="Into Legal World">{{Cite news
| url = http://intolegalworld.com/2017/01/18/arrest-of-police-officer-in-unlawful-detention-under-s-498a/
| title = Arrest of police officer in unlawful detention under s 498A
| work = Into Legal World
| access-date = 7 December 2017
| url-status = live
| archive-url = https://web.archive.org/web/20171208004142/http://intolegalworld.com/2017/01/18/arrest-of-police-officer-in-unlawful-detention-under-s-498a/
| archive-date = 8 December 2017
}}</ref> of the [[Indian Penal Code]]. The Dowry Prohibition Act 1961 defines dowry: "Dowry means any property or valuable security given or agreed to be given either directly or indirectly - (a) by one party in marriage to the other party in marriage; or (b) by the parents of either party to a marriage or by any other person to either party to marriage or to any other persons;at or before or after the marriage as consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal law applies."<ref>{{Cite book|last=Rao|first=C.N. Shankar|title=Indian Social Problems|publisher=S. Chand|year=2019|isbn=978-93-848-5795-0|pages=;page=238}}</ref>

A court judgement<ref>{{cite web
| url = http://www.vakilno1.com/bareacts/dowryprohibitionact/dowryprohibitionact.html
| title = The Dowry Prohibition Act, 1961
| url-status = live
| archive-url = https://web.archive.org/web/20150515101107/http://www.vakilno1.com/bareacts/dowryprohibitionact/dowryprohibitionact.html
| archive-date = 15 May 2015
}}</ref> clarifies the legal definition of dowry as

{{Quote|text="Dowry" in the sense of the expression contemplated by Dowry Prohibition Act is a demand for property of valuable security having an inextricable nexus with the marriage, i.e., it is a consideration from the side of the bride's parents or relatives to the groom or his parents and/or guardian for the agreement to wed the bride-to-be.}}

Article 3 of the Dowry Prohibition Act, 1961 specifies that the penalty for giving or taking dowry does not apply to presents that are given at the time of a marriage to the bride or groom is when no demand for them has been made.<ref>{{cite web
| url = https://wcd.nic.in/act/dowry-prohibition-act-1961
| title = The Dowry Prohibition Act, 1961
| url-status = live
| archive-url = https://web.archive.org/web/20210127021141/https://wcd.nic.in/act/dowry-prohibition-act-1961
| archive-date = 27 January 2021
}}</ref>

Although Indian laws against dowries have been in effect for decades, they have been largely criticised as being ineffective.<ref name="auto">{{Cite journal
| title = Practical Steps towards Eliminating Dowry and Bride-Burning in India
| last = Manchandia
| first = Purna
| journal = Tul. J. Int'l & Comp. L.
| volume = 13
| pages = 305–319
| year = 2005
}}</ref> The practice of dowry deaths and murders continues to take place unchecked in many parts of India, which has further added to the concerns of enforcement.<ref name="auto1">{{Cite journal
| title = A "Lesser" Crime: A Comparative Study of Legal Defenses for Men Who Kill Their Wives
| last = Spatz
| first = Melissa
| journal = Colum. J. L. & Soc. Probs.
| volume = 24
| pages = 597, 612
| date = 1991
}}</ref>

Section 498A of the [[Indian Penal Code]] required the groom and his family to be automatically arrested if a wife complains of dowry [[harassment]]. The law was widely abused, and in 2014, the [[Supreme Court of India|Supreme Court]] ruled that arrests cannot be made without a magistrate's approval.<ref>{{cite web
| url = http://timesofindia.indiatimes.com/india/No-arrests-under-anti-dowry-law-without-magistrates-nod-SC/articleshow/37661519.cms
| title = No arrests under anti-dowry law without magistrate's nod: SC
| work = The Times of India
| url-status = live
| archive-url = https://web.archive.org/web/20140707181737/http://timesofindia.indiatimes.com/india/No-arrests-under-anti-dowry-law-without-magistrates-nod-SC/articleshow/37661519.cms
| archive-date = 7 July 2014
}}</ref>

== Historical context ==
[[File:Wedding Procession- Bride Under a Canopy LACMA 37.28.9.jpg|thumb|300px|Wedding Procession- Bride Under a Canopy with Gifts. Circa 1800.]]
The history of dowry in [[South Asia]] is not clear. Some scholars believe dowry was practised in antiquity, but some do not. Historical eyewitness reports, as discussed below, suggest dowry in ancient India was insignificant, and daughters had inheritance rights, which by custom were exercised at the time of their marriage. Documentary evidence suggests that at the beginning of 20th century bride price, rather than dowry was the common custom, which often resulted in very poor boys remaining unmarried.<ref>Muni Buddhmal, Terapanth ke Drudhdharmi Shravak Arjunlalji Porwal, Kesrimal ji Surana Abhinanda Granth, 1982, p95</ref><ref>Parwar Directory, Pub. Singhai Pannalal Raes ed. Pandit Tulsiram, 1924, p. 15</ref>

[[Michael Witzel]] claims the ancient Indian literature suggests dowry practices were not significant during the [[Vedic period]].<ref>Witzel, Michael. "Little Dowry, No Sati: The Lot of Women in the Vedic Period." ''Journal of South Asia Women Studies'' 2, no. 4 (1996).</ref> Witzel also notes that women in ancient India had property inheritance rights either by appointment or when they had no brothers.

The findings of MacDonell and Keith are similar to Witzel, and differ from Tambiah; they cite ancient Indian literature suggesting bridewealth was paid even in [[brahma]]- and [[daiva]]-types of marriage. Dowry was not infrequent when the girl suffered from some bodily defect. Property rights for women increased in ancient India, suggest MacDonell and Keith, over the [[Puranic|Puranas.]]

Kane claims ancient literature suggests [[bridewealth]] was paid only in the [[asura]]-type of marriage that was considered reprehensible and forbidden by [[Manusmṛti|Manu]] and other ancient Indian scribes. Lochtefeld suggests that religious duties listed by [[Manusmṛti|Manu]] and others, such as 'the bride be richly adorned to celebrate marriage' were ceremonial dress and jewelry along with gifts that were her property, not property demanded by or meant for the groom; Lochtefeld further notes that bridal adornment is not currently considered as dowry in most people's mind.<ref>James G. Lochtefeld, The Illustrated Encyclopedia of Hinduism: A-M, Rosen Publishing, {{ISBN|9780823931798}}; 203 ページ出版</ref>

One of these are the eyewitness records from [[Alexander the Great]] conquest (''ca''. 300 BC) as recorded by Arrian and Megasthenes. Arrian first book mentions a lack of dowry,

{{Quote box
|quote = They (these ancient Indian people) make their marriages accordance with this principle, for in selecting a bride they care nothing whether she has a dowry and a handsome fortune, but look only to her beauty and other advantages of the outward person.
|source = [[Arrian]], ''The Invasion of India by [[Alexander the Great]]'', 3rd Century BC<ref>John Watson McCrindle (Translator), The Invasion of India by Alexander the Great as described by Arrian, Archibald Constable & Co. (Westminster, UK): 280 ページ出版</ref> |width = 90% |align = center |fontsize=95%}}

Arrian's second book similarly notes,

{{Quote box
|quote = They (Indians) marry without either giving or taking dowries, but the women as soon as they are marriageable are brought forward by their fathers in public, to be selected by the victor in wrestling or boxing or running or someone who excels in any other manly exercise.
|source = ~ Arrian, ''Indika'' in Megasthenes and Arrian, 3rd Century BC<ref>JW McCrindle (Translator), [http://rbedrosian.com/Downloads5/McCrindle_1877_Megasthenes.pdf Megasthenes and Arrian]{{dead link|date=December 2016 |bot=InternetArchiveBot |fix-attempted=yes }}, Trubner & Co (London): 222 ページ出版</ref> |width = 90% |align = center |fontsize=95%}}

The two sources suggest dowry was absent, or infrequent enough to be noticed by Arrian.<ref>CV Vaidya, Epic India, Or, India as Described in the Mahabharata and the Ramayana, {{ISBN|978-8120615649}}</ref> About 1200 years after Arrian's visit, another eyewitness scholar visited India named [[Abū Rayḥān al-Bīrūnī]], also known as Al-Biruni, or Alberonius in Latin. Al-Biruni was an Islamic era Persian scholar who went and lived in India for 16 years from 1017 CE. He translated many Indian texts into [[Arabic]], as well as wrote a memoir on Indian culture and life he observed. Al-Biruni claimed,

{{Quote box
|quote =The implements of the wedding rejoicings are brought forward. No gift (dower or dowry) is settled between them. The man gives only a present to the wife, as he thinks fit, and a marriage gift in advance, which he has no right to claim back, but the (proposed) wife may give it back to him of her own will (if she does not want to marry).
|source = ~ [[Abū Rayḥān al-Bīrūnī|Al-Biruni]], ''Chapter on Matrimony in India'', about 1035 AD<ref>Edward Sachau (Translator), Bīrūnī, Muḥammad ibn Aḥmad, Alberuni's India (Vol. 2), Kegan Paul, Trench, Trübner & Co. (London, 1910.) Chapter LXIX: 154 ページ出版; see Al-Hind too.</ref> |width = 90% |align = center |fontsize=95%}}

Al-Biruni further claims that a daughter, in 11th century India, had legal right to inherit from her father, but only a fourth part of her brother. The daughter took this inheritance amount with her when she married, claimed Al-Biruni, and she had no rights to income from her parents after her marriage or to any additional inheritance after her father's death. If her father died before her marriage, her guardian would first pay off her father's debt, then allocate a fourth of the remaining wealth to her upkeep until she is ready to marry, and then give the rest to her to take with her into her married life.<ref>Edward Sachau (Translat</ref>

== Causes of the dowry ==
Various reasons have been suggested as cause of dowry practice in India. These include economic factors and social factors.

=== 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.

Some suggestions point to economics and weak legal institutions on inheritance place women in disadvantage, with inheritances being left only to sons.<ref name="Dalmia 2005" /> This leaves women dependent upon their husbands and in-laws, who keep the dowry when she marries.<ref name="Majumdar 2005 74">{{cite book
| last = Majumdar
| first = Maya
| title = Encyclopaedia of Gender Equality Through Women Empowerment
| year = 2005
| publisher = Sarup & Sons
| isbn = 9788176255486
| pages = 74
}}</ref> Prior to 1956, including during the [[British Raj]], daughters had no rights of inheritance to their family's wealth. In 1956, India gave equal legal status to daughters and sons among [[Hindu]], [[Sikh]] and [[Jain]] families, under the [[Hindu Succession Act]] (India grants its Muslim population the [[Sharia]] derived personal status laws). Despite the new inheritance law, dowry has continued as a process whereby parental property is distributed to a daughter at her marriage by a social process, rather than after parents death by a slow court supervised process under [[Hindu Succession Act]] (1956).<ref>Lucy Carroll (1991), Daughter's Right of Inheritance in India: A Perspective on the Problem of Dowry, Modern Asian Studies, Vol. 25, No. 4, pages 791-809</ref>

Dowry gave, at least in theory, women economic and [[Economic security|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.<ref name="Dalmia 2005" /> This system can also be used as a [[premortem]] inheritance, as once a woman is presented with movable gifts, she may be cut off from the [[family estate]].<ref name="Teays 1991">{{cite journal
| last = Teays
| first = Wanda
| title = The Burning Bride: The Dowry Problem in India
| journal = Journal of Feminist Studies in Religion
| year = 1991
| volume = 7
| issue = 2
| pages = 29–52
}}</ref>

For many, dowry has become a greater financial burden on the family, and can leave families [[destitute]] based on the demands from the groom.<ref name="Dalmia 2005" /><ref name="Rao 1980" />
The demand for dowry has increased over time.<ref name="srinivasan 2004">{{cite journal
| last = Srinivasan
| first = Padma
| author2 = Gary R. Lee
| title = The Dowry System in Northern India: Women's Attitudes and Social Change
| journal = Journal of Marriage and Family
| year = 2004
| volume = 66
| issue = 5
| pages = 1108–1117
| doi = 10.1111/j.0022-2445.2004.00081.x
}}</ref>

=== Social factors ===
The structure and kinship of marriage in parts of [[India]] contributes to dowry. In the north, marriage usually follows a [[patrilocal]] (lives with husband's family) system, where the bride 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.<ref name="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 [[Inheritance|inherit]] land, which makes her more valuable in the marriage, decreasing the chance of dowry over the [[bride price]] system.<ref name="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. A 1995 study showed that while attitudes of people are changing about dowry, dowry continues to prevail.<ref name="Rao 1980">{{cite journal
| last = Rao
| first = V.V. Prakasa
| author2 = V. Nandini Rao
| title = The Dowry System in Indian Marriages: Attitudes, Expectations And Practices
| journal = International Journal of Sociology of the Family
| year = 1980
| volume = 10
| issue = 1
| pages = 99–113
}}</ref><ref name="Krishnaswamy 1995">{{cite journal
| last = Krishnaswamy
| first = Saroja
| title = Dynamics of personal and social factors influencing the attitude of married and unmarried working women towards dowry
| journal = International Journal of Sociology of the Family
| year = 1995
| volume = 25
| issue = 1
| pages = 31–42
}}</ref> In a 1980 study conducted by Rao, 75% of students responded that dowry was not important to marriage, but 40% of their parents likely expected dowry.<ref name="Rao 1980" />

While India has been making progress for [[women's rights]], women continue to be in a subordinate status in their family.<ref name="SRINIVASAN 2007">{{cite journal
| last = Srinivasan
| first = Sharada
| author2 = Arjun S. Bedi
| title = Domestic Violence and Dowry: Evidence from a South Indian Village
| journal = World Development
| year = 2007
| volume = 35
| issue = 5
| pages = 857–880
| doi = 10.1016/j.worlddev.2006.08.005
| hdl = 1765/19188
| url = http://repub.eur.nl/pub/19188
| hdl-access= free
}}</ref><ref name="Seager 2009">{{cite book
| last = Seager
| first = Joni
| title = The Penguin Atlas of Women in the World
| year = 2009
| publisher = Penguin Group
| location = New York
}}</ref> 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]].<ref name="Seager 2009" />

=== Religious factors ===
Dowry in India is not limited to any specific religion. It is widespread among [[Hindus]] and other religions. For example, Indian [[Muslims]] call dowry as ''jahez'', justify the practice in terms of jahez-e-fatimi. Islamists classify jahez into two categories: The first comprises some essential articles for the outfit of the bride as well as for conjugal life. The other is made up of valuable goods, clothes, jewelry, an amount of money for the groom's family, which is settled on after bargaining. The ''jahez'' often far exceeds the cost of the ''[[baraat]]'' and marriage parties. The ''jahez'' is separate from cash payment as ''[[Mahr]]'' or dower that Sharia religious law requires.<ref name=Waheed />

== Dowry in the modern era ==
[[File:Say no to dowry.jpg|thumb|300px|A social awareness campaign in India about dowries]]
Dowry had been a prevalent practice in India's modern era and in this context, it can be in the form of a payment of cash or gifts from the bride's family to the bridegroom's family upon marriage. There are variations on dowry prevalence based on geography and [[class (social)|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.<ref name="Dalmia 2005">{{cite journal
| last = Dalmia
| first = Sonia
| author2 = Pareena G. Lawrence
| title = The Institution of Dowry in India: Why It Continues to Prevail
| journal = The Journal of Developing Areas
| year = 2005
| volume = 38
| issue = 2
| pages = 71–93
| doi = 10.1353/jda.2005.0018
| s2cid = 154992591
}}</ref> In the south, the [[bride price]] system is more prevalent, 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.<ref name="Dalmia 2005" />

Dowry also varies by economic strata 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.<ref name="Anderson 2007">{{cite journal
| last = Anderson
| first = Siwan
| s2cid = 13722006
| title = The Economics of Dowry and Brideprice
| journal = The Journal of Economic Perspectives
| year = 2007
| volume = 21
| issue = 4
| pages = 151–174
| doi = 10.1257/jep.21.4.151
}}</ref><ref name="Dalmia 2005" />

When dowry evolved in the [[Vedic period]], it was essentially followed by the upper [[castes]] to benefit the bride, who was unable to inherit property under [[Hindu law]].<ref>{{Cite book
| title = Dharma's Daughters: Contemporary Indian Women and Hindu Culture
| last = Mitter
| first = Sara S.
| publisher = Rutgers University Press
| year = 1991
| pages = 112
}}</ref><ref name=":1">{{Cite journal
| title = Consanguineous Marriages and Marriage Payment: A Study Among Three South Indian Caste Groups
| last = Reddy
| first = P. Govinda
| journal = Annals of Human Biology
| date = July–August 1988
| doi = 10.1080/03014468800009731
| pmid = 3408233
| volume = 15
| issue = 4
| pages = 263–268
}}</ref> To counter this, the bride's family provided the groom with dowry which would be registered in the bride's name.<ref>{{Cite journal
| title = Deterring Dowry Deaths in India: Applying Tort Law to Reverse the Economic Incentives That Fuel the Dowry Market
| last = Bhave
| first = Sunil
| journal = Suffolk U. L. Rev.
| volume = 40
| pages = 291, 293
| year = 2007
}}</ref> This dowry was seen as ''stridhan'' ([[Sanskrit]]: woman's property).<ref name=":0">{{Cite book
| title = Law Relating to Dowry, Dowry Deaths, Bride Burning, Rape, and Related Offences
| last = Paras Diwan and Peeyushi Diwan
| publisher = Universal Law Pub. Co.
| year = 1997
| location = Delhi
| pages = 14
}}</ref> Also, an important distinction is the fact that while the upper [[castes]] practised dowry, the lower castes practised bride price to compensate her family for the loss of income.<ref name=":1" /><ref>{{Cite book
| title = May You Be the Mother of a Hundred Sons: A Journey Among the Women of India
| last = Bumiller
| first = Elisabeth
| publisher = Ballantine Books
| year = 1990
| pages = 48
}}</ref>

In the modern era, the concept of dowry has evolved and Indian families no longer practise the dowry.<ref>{{Cite journal
| title = Dowry Deaths: Proposing a Standard For Implementation of Domestic Legislation in Accordance With Human Rights Obligations
| last = Ravikant
| first = Namratha S.
| journal = Mich. J. Gender & L.
| volume = 6
| pages = 449, 454
| year = 2000
}}</ref> This is because with the passage of time, [[bride price]] gradually disappeared and dowry became the prevalent form of transfer.<ref>{{Cite book
| title = The Dowry Problem: A Legal and Social Perspective, Ch. The Roots of Dowry
| last = S. Krishnamurthy
| publisher = IBH Prakashana
| year = 1981
| location = Bangalore
| pages = 22
}}</ref> In the modern era, the practice of dowry requires the bride's family to transfer goods to the groom's family in consideration for the marriage.

Since [[marriages in India]] are a time for big celebrations in each family, they tend to be very lavish. Accordingly, [[Marriages in India|Indian weddings]] usually involve considerable expenditure and accompanying wedding presents from relatives in both sides of the family. This is normal expenditure which is done willingly and varies from one family to another depending on the wealth, status, etc.<ref name=":3" />

Many times, as part of this mutual 'give-and-take', an attempt is made by the groom's family to dictate the quantum of each gift along with specific demands for dowry. In such circumstances, there is an element of exerting coercion on the bride's family and this is what has come to be recognized as the menace of dowry in today's times.<ref name=":2" /> Dowry does not refer to the voluntary presents which are made to the bride and the groom; rather it is what is extracted from the bride or her parents.<ref>{{Cite book
| title = Law Relating to Dowry, Dowry Deaths, Bride Burning, Rape, and Related Offences
| last = Paras Diwan and Peeyushi Diwan
| publisher = Universal Law Pub. Co.
| year = 1997
| location = Delhi
| pages = 11
}}</ref>

== Types of dowry crimes ==
Recently married women can be a target for dowry related violence because she is tied economically and socially to her new husband.<ref name="SRINIVASAN 2007" /> In some cases, dowry is used as a threat or hostage type situation, in order to extract more property from the bride's family.<ref name="Bloch 2002" /> This can be seen in new brides, who are most vulnerable in the situation.<ref name="Teays 1991" /> Dowry crimes can occur with the threat or occurrence of violence, so that the bride's family is left with no choice but to give more dowry to protect their daughter.<ref name="Teays 1991" /> The northern and eastern states of [[India]] show higher rates of dowry-related violence.<ref name="india">{{cite web
| url = http://ncrb.nic.in/CD-CII2012/Statistics2012.pdf
| title = National Crime Statistics 2012 (p. 196), National Crime Statistics 2013 (p. 81)
| publisher = National Crime Records Bureau, India
| date = 16 January 2013
| access-date = 25 April 2015
| url-status = dead
| archive-url = https://web.archive.org/web/20140620023952/http://ncrb.nic.in/CD-CII2012/Statistics2012.pdf
| archive-date = 20 June 2014
}}</ref>

Dowry is considered a major contributor towards observed [[violence against women in India]]. Some of these offences include physical violence, emotional abuses, and even murder of brides and young girls prior to marriage.<ref name="Teays 1991" /><ref name="srinivasan 2004" /><ref name="Bloch 2002">{{cite journal
| last = Bloch
| first = Francis
| author2 = Vijayendra Rao
| s2cid = 67819029
| title = Terror as a Bargaining Instrument: A Case Study of Dowry Violence in Rural India
| journal = The American Economic Review
| year = 2002
| volume = 92
| issue = 4
| pages = 1029–1043
| doi = 10.1257/00028280260344588
| hdl= 10986/21580
| hdl-access= free
}}</ref> The predominant types of dowry crimes relate to cruelty (which includes torture and harassment), domestic violence (including physical, emotional and [[sexual assault]]), abetment to suicide and [[dowry death]] (including, issues of [[bride burning]] and [[murder]]).

=== Fraud ===
A 2005 Canadian documentary film, ''[[Runaway Grooms]]'', exposed a phenomenon of [[Indo-Canadian]] men taking advantage of the dowry system.<ref>"Runaway husbands: Abandonment a disturbing trend". ''[[The Province]]'', April 20, 2005.</ref> These men would fraudulently return to [[India]] ostensibly seeking a new bride, but then abandon the woman and return to Canada without her as soon as they had secured possession of her dowry.<ref>"Nasty tales of arranged marriages gone bad; Passionate Eye's Runaway Grooms; Canadian men marry women in India, take the dowry, then divorce and ditch bride". ''[[Montreal Gazette]]'', April 20, 2005.</ref>

=== Cruelty ===
[[Cruelty]] in the form of torture or harassment of a woman with the objective of forcing her to meet a demand for property or valuable security is a form of dowry crime. The cruelty could be in the form of verbal attacks or may be accompanied by beating or harassment in order to force the woman or her family to yield to dowry demands.<ref>{{Cite journal
| title = The Tragedy of Bride Burning in India: How Should the Law Address It?
| last = Nangia
| first = Anshu
| journal = Brook. J. Int'l L.
| volume = 22
| pages = 637, 682
| year = 1997
}}</ref> In many instances, the cruelty may even force the woman to commit [[suicide]] and it has been specifically criminalized by the anti-dowry laws in [[India]].

=== Domestic violence ===
{{Main|Domestic violence in India}}

[[Domestic violence]] includes a broad spectrum of abusive and threatening behavior which includes physical, emotional, economic and [[sexual violence]] as well as intimidation, isolation and coercion.<ref>{{Cite journal
| title = How Does the Legal Framework Protect Victims of Dowry and Domestic Violence in India? A Critical Review
| last = Ghosh
| first = Biswajit
| journal = Aggression and Violent Behavior
| volume = 18
| issue = 4
| date = 1 July 2013
| pages = 409–16
| doi = 10.1016/j.avb.2013.04.002
}}</ref> There are laws like the [[Protection of Women from Domestic Violence Act 2005]] that help to reduce [[domestic violence|domestic]] violence and to protect [[women's rights]].

=== Abetment to suicide ===
Continuing abuse by the husband and his family with threats of harm could lead to a woman committing [[suicide]]. In such situations, the dowry crime even extends to abetment of suicide, which includes all acts and attempts to intentionally advise, encourage, or assist in committing suicide.<ref>{{Cite journal
| title = The Social Construction of 'Dowry Deaths'
| last = Belur
| first = Jyoti
| journal = Social Science & Medicine
| volume = 119
| date = 1 October 2014
| pages = 1–9
| doi = 10.1016/j.socscimed.2014.07.044
| pmid = 25129569
| pmc = 4394358
| display-authors = etal
}}</ref> The impact of dowry can leave a woman helpless and desperate, which can cumulate in [[emotional trauma]] and abuse.<ref name="Teays 1991" /><ref name="SRINIVASAN 2007" /> Dowry related abuse causes [[emotional trauma]], [[Major depressive disorder|depression]] and suicide.<ref name="Teays 1991" /> The offence of abetment to suicide is significant because in many cases, the accused persons often bring up a defense that the victim committed [[suicide]] at her own volition, even though this may not be true in reality.<ref>{{Cite journal
| title = Dowry Deaths (Bride Burning) in India and Abetment of Suicide: A Socio-Legal Appraisal
| last = Ahmad
| first = Nehaluddin
| journal = Journal of East Asia and International Law
| volume = 1
| date = 2008
| issue = 2
| page = 275
| doi = 10.14330/jeail.2008.1.2.03
| doi-access= free
}}</ref>

=== Dowry murder ===
{{Main|Dowry death}}

[[Dowry deaths]] and dowry murder relate to a bride's suicide or killing committed by her husband and his family soon after the marriage because of their dissatisfaction with the dowry. It is typically the culmination of a series of prior domestic abuses by the husband's family.<ref>Jane Rudd, "Dowry-murder: An example of violence against women." ''Women's studies international forum'' 24#5 (2001).</ref><ref>Meghana Shah, "Rights under fire: The inadequacy of international human rights instruments in combating dowry murder in India." ''Connecticut Journal of International Law'' 19 (2003): 209+.</ref> Most dowry deaths occur when the young woman, unable to bear the harassment and torture, commits suicide by hanging herself or consuming poison. Dowry deaths also include [[bride burning]] where brides are doused in kerosene and set ablaze by the husband or his family. Sometimes, due to their abetment to commit suicide, the bride may end up setting herself on fire.<ref>{{Cite journal
| title = The Burning Bride: The Dowry Problem in India
| last = Teays
| first = Wanda
| journal = Journal of Feminist Studies in Religion
| volume = 7
| issue = 2
| date = Fall 1991
| pages = 29–52
}}</ref>

Bride burnings are often disguised as accidents or suicide attempts. Bride burnings are the most common forms of dowry deaths for a wide range of reasons like kerosene being inexpensive, there being insufficient evidence after the murder and low chances of survival rate.<ref name="Teays 1991" /> Apart from bride burning, there are some instances of [[poisoning]], [[strangulation]], [[acid attacks]], etc., as a result of which brides are murdered by the groom's family.<ref>{{Cite journal
| title = Dowry in 21st-Century India: The Sociocultural Face of Exploitation
| last = Banerjee
| first = Priya R.
| journal = Trauma, Violence & Abuse
| volume = 15
| issue = 1
| pages = 34–40
| date = January 2014
| doi = 10.1177/1524838013496334
| pmid = 23897921
| s2cid = 27092256
}}</ref>

India, with its large population, reports the highest number of dowry related deaths in the world according to [http://ncrb.gov.in/ Indian National Crime Record Bureau].<ref>{{Cite news
| url = http://www.thehindu.com/news/national/rising-number-of-dowry-deaths-in-india-ncrb/article4995677.ece
| title = Rising number of dowry deaths in India: NCRB
| date = 7 April 2013
| url-status = live
| archive-url = https://web.archive.org/web/20140207050439/http://www.thehindu.com/news/national/rising-number-of-dowry-deaths-in-india-ncrb/article4995677.ece
| archive-date = 7 February 2014
}}</ref> In 2012, 8,233 dowry death cases were reported across India, while in 2013, 8,083 dowry deaths were reported.<ref name="india" /> This means a dowry-related crime causes the death of a woman every 90 minutes, or 1.4 deaths per year per 100,000 women in [[India]].<ref>[http://censusindia.gov.in/2011census/censusinfodashboard/index.html Provisional 2011 Census Data] {{webarchive|url=https://web.archive.org/web/20130917010331/http://www.censusindia.gov.in/2011census/censusinfodashboard/index.html |date=17 September 2013 }}, Government of India (2011)</ref><ref name="crimeindia2011">[http://ncrb.nic.in/CD-CII2011/Statistics2011.pdf Crime statistics in India] {{webarchive |url=https://web.archive.org/web/20130129164006/http://ncrb.nic.in/CD-CII2011/Statistics2011.pdf |date=29 January 2013 }}, Government of India (2011)</ref>

== Laws against dowry ==

The first all-India legislative enactment relating to dowry to be put on the statute book was The Dowry Prohibition Act, 1961 and this legislation came into force from 1 July 1961.<ref>{{Cite web
| url = http://www.vakilno1.com/bareacts/dowryprohibitionact/dowryprohibitionact.html
| title = The Dowry Prohibition Act, 1961
| url-status = live
| archive-url = https://web.archive.org/web/20150515101107/http://www.vakilno1.com/bareacts/dowryprohibitionact/dowryprohibitionact.html
| archive-date = 15 May 2015
}}</ref> It marked the beginning of a new legal framework of dowry harassment laws effectively 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 and in some cases, this results in a form of [[extortion]] and violence against the wife.

To further strengthen the anti-dowry law and to stop offences of cruelty by the husband or his relatives against the wife, new provisions were added to the Indian criminal law – section 498A<ref name="Into Legal World"/> to [[Indian Penal Code]] and section 198A to the [[Code of Criminal Procedure, 1973|Criminal Procedure Code]] in 1983. In 2005, the [[Protection of Women from Domestic Violence Act 2005|Protection of Women from Domestic Violence Act]] was passed, which added an additional layer of protection from dowry harassment. Although the changes in Indian criminal law reflect a serious effort by legislators to put an end to dowry-related crimes, and although they have been in effect for many years now, they have been largely criticised as being ineffective.<ref name="auto" />

=== Dowry Prohibition Act, 1961 ===
The Dowry Prohibition Act, 1961 consolidated the anti-dowry laws which had been passed on certain states.<ref>The Dowry Prohibition Act, 1961 repealed the earlier local laws e.g. The Andhra Pradesh Dowry Prohibition Act, 1958 and The Bihar Dowry Restraint Act, 1950. See, S. Krishnamurthy (1981). ''The Dowry Problem: A Legal and Social Perspective, Ch. The Roots of Dowry''. Bangalore: IBH Prakashana. p. 66.</ref> This legislation provides for a penalty in section 3 if any person gives, takes or abets giving or receiving of dowry. The punishment could be imprisonment for minimum 5 years and a fine more than ₹15,000 or the value of the dowry received, whichever is higher.<ref>Section 3(1), Dowry Prohibition Act 1961</ref> Dowry in the Act is defined as any property or valuable security given or agreed to be given in connection with the marriage.<ref>Section 2, Dowry Prohibition Act 1961</ref> The penalty for giving or taking dowry is not applicable in case of presents which are given at the time of marriage without any demand having been made.<ref>Section 3(2), Dowry Prohibition Act 1961</ref>

The Act provides the penalty for directly or indirectly demanding dowry and provides for a penalty involving a prison term of not less than 6 months and extendable up to two years along with a fine of ₹10,000. Dowry agreements are void ''[[ab initio]]'' and if any dowry is received by anyone other than the woman, it should be transferred to the woman.<ref>Sections 5 and 6, Dowry Prohibition Act 1961</ref> The burden of proving that an offense was not committed is on the persons charged and not on the victim or her family.<ref>Section 8A, Dowry Prohibition Act 1961</ref><ref>{{Cite book
| title = Law Relating to Dowry Prohibition, Cruelty, and Harassment: An up-to-Date, Lucid, and Exhaustive Commentary with Case Law on the Dowry Prohibition Act, 1961
| last = Agrahari
| first = Gunjan
| publisher = India Law House
| year = 2011
| location = Delhi
| pages = 36–55
}}</ref> Under its powers to frame rules for carrying out its objectives under the Act, the government of India has framed the Maintenance of Lists of Presents to the Bride and the Bridegroom Rules, 1985.<ref>{{Cite web
|url = http://ncw.nic.in/acts/THEDOWRYPROHIBITIONACT1961.pdf
|title = Maintenance of Lists of Presents to the Bride and the Bridegroom Rules, 1985
|url-status = dead
|archive-url = https://web.archive.org/web/20150518082544/http://ncw.nic.in/acts/THEDOWRYPROHIBITIONACT1961.pdf
|archive-date = 18 May 2015
|access-date = 7 May 2015
}}</ref> There are also several state level amendments to the Dowry Prohibition Act.<ref>{{Cite book
| title = Commentaries on the Dowry Prohibition Act, 1961
| last = B. P. Beri and Gooroodass Banerjee
| publisher = Eastern Book Co.
| year = 1988
| location = Lucknow
}}</ref>

=== Criminal statutes – Indian Penal Code, Criminal Procedure Code and Evidence Act ===
The Indian criminal laws were comprehensively amended to include dowry as a punishable offence.<ref>{{Cite book
| title = Law Relating to Dowry, Dowry Death, Cruelty to Women & Domestic Violence
| last = Suman. Nalwa and Hari Dev. Kohli
| publisher = Universal Law Pub. Co.
| year = 2011
| location = New Delhi
| pages = 125
}}</ref> Section 304B was added to the [[Indian Penal Code]], 1860 ("IPC"), which made dowry death a specific offence punishable with a minimum sentence of imprisonment for 7 years and a maximum imprisonment for life. It provided that if the death of a woman is caused by burns or bodily injury or occurs in suspicious circumstances within 7 years of her marriage, and there's evidence to show that before her death, she was subjected to cruelty or harassment by her husband or his relative regarding the demand for dowry, then the husband or the relative shall be deemed to have caused her death.<ref>{{Cite book
| title = Law Relating to Dowry, Dowry Death, Cruelty to Women & Domestic Violence
| last = Suman. Nalwa and Hari Dev. Kohli
| publisher = Universal Law Pub. Co.
| year = 2011
| location = New Delhi
| pages = 211
}}</ref>

Further, section 113B of the Evidence Act, 1872 ("Evidence Act"), creates an additional presumption of dowry death when it is shown that before her death, the woman had been subjected to cruelty on account of dowry demand.<ref>{{Cite book
| title = Law Relating to Dowry, Dowry Deaths, Bride Burning, Rape, and Related Offences
| last = Paras Diwan and Peeyushi Diwan
| publisher = Universal Law Pub. Co.
| year = 1997
| location = Delhi
| pages = 77–78
}}</ref> Section 304B IPC along with Section 113B of the Evidence Act have enabled the conviction of many who were not caught by the Dowry Prohibition Act, 1961.<ref>{{Cite journal
| title = The Tragedy of Bride Burning in India: How Should the Law Address It?
| last = Nangia
| first = Anshu
| date = 1997
| journal = Brook. J. Int'l L.
| volume = 22
| pages = 637, 676
}}</ref> Section 113A of the Evidence Act provides a similar presumption of abetment of suicide (which is an offense under Section 306 IPC), in case of death of a married woman within a period of seven years of her marriage.

Additionally, the [[judiciary]] also includes a [[murder]] charge under Section 302 IPC as this allows courts to impose [[death penalty]] on perpetrators of the offence. Section 406 IPC, pertaining to offences for the criminal breach of trust, applies in cases of recovery of dowry as it is supposed to be for the benefit of the woman and her heirs.

Further, Section 498A IPC was specifically included in 1983 to protect women from cruelty and harassment. The constitutionality of Section 498A was challenged before the [[Supreme Court of India]] on grounds of abuse, that it gave arbitrary power to the police and the court. However, it was upheld in ''Sushil Kumar Sharma v. Union of India (2005).''<ref>AIR 2005 SC 3100</ref> The [[Code of Criminal Procedure, 1973]] provides that for the prosecution of offences under Section 498A IPC, the courts can take cognizance only when it receives a report of the facts from the police or upon a complaint being made by the victim or her family.

=== Protection of Women from Domestic Violence Act, 2005 ===
{{Main|Protection of Women from Domestic Violence Act, 2005}}

The [[Protection of Women from Domestic Violence Act 2005|Protection of Women from Domestic Violence Act, 2005]] ("Domestic Violence Act") was passed in order to provide a [[Civil law (common law)|civil law]] remedy for the protection of women from [[domestic violence in India]].<ref name=":5">{{Cite book
| title = Leading Cases on Dowry
| last = Anita Rao and Svetlana Sandra Correya
| publisher = New Delhi: Human Rights Law Network
| year = 2011
| location = New Delhi
}}</ref> The Domestic Violence Act encompasses all forms of physical, verbal, emotional, economic and sexual abuse and forms a subset of the anti-dowry laws to the extent it is one of the reasons for domestic violence.<ref name=":6">{{Cite book
| title = Law Relating to Dowry, Dowry Death, Cruelty to Women & Domestic Violence
| last = Suman. Nalwa and Hari Dev. Kohli
| publisher = Universal Law Pub. Co.
| year = 2011
| location = New Delhi
| pages = 362–364
}}</ref> Section 3 of the Domestic Violence Act specifically incorporates all forms of harassment, injury and harms inflicted to coerce a woman to meet an unlawful demand for dowry.<ref name=":6" /> Some of the common remedies under the Domestic Violence Act include:
* protection orders – prohibiting a person from committing domestic violence;
* residence orders – dispossessing such person from a shared household;
* custody orders – granting custody of a child; and
* compensation orders – directing payment of compensation.

=== International conventions ===
[[India]] is a party to several international human rights instruments which provide theoretical remedies to the dowry problems.<ref>{{Cite journal
| title = Rights Under Fire: The Inadequacy of International Human Rights Instruments in Combating Dowry Murder in India
| last = Shah
| first = Meghana
| journal = Conn. J. Int'l L.
| volume = 19
| pages = 209, 217
| year = 2003
}}</ref> These international conventions include the [[Universal Declaration of Human Rights]] ("UDHR"), [[International Covenant on Civil and Political Rights]] ("ICCPR"), the [[International Covenant on Economic, Social, and Cultural Rights]] ("ICESCR"), the [[Convention on the Elimination of All Forms of Discrimination Against Women]] ("CEDAW"), and the [[Convention on the Rights of the Child]] ("CRC"). CEDAW codifies the rights most relevant to the discussion of dowry-related violence: the [[rights of women]]. However, there are issues of non-intervention and [[cultural relativism]] which impede the use of [[international law]] to combat dowry deaths.<ref>{{Cite journal
| title = The Dilemma of Dowry Deaths: Domestic Disgrace or International Human Rights Catastrophe?
| last = Laurel Remers Pardee
| journal = Ariz. J. Int'l & Comp. L.
| volume = 13
| pages = 491, 510
| year = 1996
}}</ref>

== Criticisms of the Dowry Laws ==
=== Misuse ===
There is growing criticism that the dowry laws are often being misused, particularly the section 498A of the [[Indian Penal Code]] which is observed by many in India as being prone to misuse because of mechanical arrests by the police.<ref>{{cite news
| url = http://articles.timesofindia.indiatimes.com/2010-08-17/india/28308729_1_dowry-law-section-498a-complaints
| title = Amend dowry law to stop its misuse, SC tells govt
| date = 17 August 2010
| url-status = dead
| archive-url = https://archive.today/20120707105152/http://articles.timesofindia.indiatimes.com/2010-08-17/india/28308729_1_dowry-law-section-498a-complaints
| work = [[The Times of India]]
| archive-date = 7 July 2012
}}</ref> According to the [http://ncrb.gov.in/ National Crime Records Bureau] statistics, in 2012, nearly 200,000 people including 47,951 women, were arrested in regard to dowry offences. However, only 15% of the accused were convicted.<ref name=":4">{{Cite news
| url = https://blogs.wsj.com/indiarealtime/2014/07/03/women-misusing-indias-anti-dowry-law-says-supreme-court/
| title = Women Misusing India's Anti-Dowry Law, says Supreme Court
| date = 3 July 2014
| url-status = live
| archive-url = https://web.archive.org/web/20150109124113/http://blogs.wsj.com/indiarealtime/2014/07/03/women-misusing-indias-anti-dowry-law-says-supreme-court/
| archive-date = 9 January 2015
}}</ref>

In many cases of 498a, huge amounts of dowry are claimed without any valid reasoning. A rickshaw puller's wife can allege that she gave crores of money as dowry and since it is a [[Cognisable offence|cognizable case]], police are bound to register the case. And in most cases, the capacity of the wife or her parents and the source of the funds are never tracked.

In 2005, Section 498A IPC was upheld by the [[Supreme Court of India]] when it was challenged.<ref>{{cite web|title=Sushil Kumar Sharma vs Union Of India And Ors on 19 July, 2005|url=http://indiankanoon.org/doc/1172674/|url-status=live|archive-url=https://web.archive.org/web/20130211024028/http://www.indiankanoon.org/doc/1172674/|archive-date=11 February 2013|access-date=18 February 2013|publisher=Indiankanoon.org}}</ref> In 2010, the Supreme Court spoke about the misuse of anti-dowry laws in ''Preeti Gupta & Another v. State of Jharkhand & Another'' and more detailed investigation was recommended.<ref>''Preeti Gupta & Another v. State of Jharkhand & Another,'' AIR
2010 SC 3363</ref> Following the observations of the Supreme Court [[Indian parliament]] set up a committee headed by [[Bhagat Singh Koshyari]].<ref>{{Cite news|title=Par Panel recommends review of Dowry Act|url=http://zeenews.india.com/news/delhi/par-panel-recommends-review-of-dowry-act_728110.html|url-status=live|archive-url=https://web.archive.org/web/20150518174820/http://zeenews.india.com/news/delhi/par-panel-recommends-review-of-dowry-act_728110.html|archive-date=18 May 2015}}</ref> In July 2014, in the case of ''[[Arnesh Kumar Guidelines|Arnesh Kumar v. State of Bihar & Anr.]]'',<ref name="arnesh vs bihar">{{cite court |litigants=Arnesh Kumar v. State of Bihar |vol= |reporter= |opinion= |pinpoint= |court= [[Supreme Court of India]]|date=2014 |url=http://judis.nic.in/supremecourt/imgs1.aspx?filename=41736 |accessdate=21 July 2014 |quote=}}</ref> a two-judge bench of the [[Supreme Court of India|Supreme Court]] reviewed the enforcement of section 41(1)(A) of CrPC which instructs state of following certain procedure before arrest, and went on to observe that the 498A had become a powerful weapon in the hands of disgruntled wives where innocent people were arrested without any evidence due to non-bailable and [[Cognisable offence|cognizable]] nature of the law.<ref name=":4" /><ref>''Arnesh Kumar v. State of Bihar & Anr.,'' AIR 2014 SC 2756</ref> The decision received criticism from feminists because it weakened the negotiating power of women.<ref>{{Cite journal|last=Jaising|first=Indira|date=July 2014|title=Concern for the Dead, Condemnation for the Living|journal=Economic & Political Weekly|volume=49|issue=30}}</ref><ref>Why Women need 498A, ''Economic & Political Weekly'', vol. XLIX no. 29 (July 2014)</ref><ref>{{Cite journal|last=Prashant K. Trivnd Smriti Singh|date=December 2014|title=Fallacies of a Supreme Court Judgment: Section 498A and the Dynamics of Acquittals|journal=Economic & Political Weekly|volume=44|issue=52}}</ref> Others welcomed the decision as landmark judgment to uphold the [[human right]]s of innocent people.<ref>{{cite news|last1=Dhulia|first1=Virag|date=6 July 2014|title=Supreme Court judgment restricting automatic arrests in dowry cases well within the Constitution|publisher=MeriNews|url=http://www.merinews.com/article/supreme-court-judgment-restricting-automatic-arrests-in-dowry-cases-well-within-the-constitution/15898982.shtml|url-status=live|access-date=22 July 2015|archive-url=https://web.archive.org/web/20150722160751/http://www.merinews.com/article/supreme-court-judgment-restricting-automatic-arrests-in-dowry-cases-well-within-the-constitution/15898982.shtml|archive-date=22 July 2015|ref=scjudgmwithinconsti}}</ref><ref>{{cite news|last1=Singh|first1=Abha|date=3 July 2014|title=Abha Singh calls Supreme Court decision on Section 498A a landmark judgement|publisher=India.com|agency=ANI|url=http://www.india.com/loudspeaker/abha-singh-calls-supreme-court-decision-on-section-498a-a-landmark-judgement-89250/|url-status=live|access-date=22 July 2015|archive-url=https://web.archive.org/web/20150924034356/http://www.india.com/loudspeaker/abha-singh-calls-supreme-court-decision-on-section-498a-a-landmark-judgement-89250/|archive-date=24 September 2015|ref=scjudgemlandmark}}</ref> An organization called the [[Save Indian Family Foundation]] was founded to combat abuses of IPC 498a.

On 19 April 2015, the Indian government sought to introduce a bill to amend Section 498A IPC based on the suggestions of the Law Commission and Justice Malimath committee on reforms of [[criminal justice]].<ref>{{Cite news|date=19 April 2015|title=Anti-dowry law likely to be amended soon|url=http://timesofindia.indiatimes.com/india/Anti-dowry-law-likely-to-be-amended-soon/articleshow/46973943.cms|url-status=live|archive-url=https://web.archive.org/web/20150430041330/http://timesofindia.indiatimes.com/india/Anti-dowry-law-likely-to-be-amended-soon/articleshow/46973943.cms|archive-date=30 April 2015}}</ref> News reports indicate that the proposed amendment will make the offence compoundable and this would facilitate couples to settle their disputes.<ref>{{Cite news|date=12 March 2015|title=Centre set to prevent misuse of anti-dowry harassment law|url=http://indiatoday.intoday.in/story/dowry-law-section-498-a-ipc-centre-narendra-modi-nda/1/423362.html|url-status=live|archive-url=https://web.archive.org/web/20150518085648/http://indiatoday.intoday.in/story/dowry-law-section-498-a-ipc-centre-narendra-modi-nda/1/423362.html|archive-date=18 May 2015}}</ref>

==== Nisha Sharma Lawsuit ====
{{Main articles|Nisha Sharma dowry case}}
The Nisha Sharma dowry case was an [[Dowry law in India|anti-dowry lawsuit]] in India. It began in 2003 when Nisha Sharma accused her prospective groom, Munish Dalal, of demanding dowry.<ref name="AllLetOff">{{cite news
| title = All let off in Nisha Sharma dowry case after 9 years
| url = http://ibnlive.in.com/news/all-let-off-in-nisha-sharma-dowry-case-after-9-years/235004-3.html
| access-date = 28 March 2015
| publisher = [[CNN-IBN]]
| date = 1 March 2012
| url-status = dead
| archive-url = https://web.archive.org/web/20150304231622/http://ibnlive.in.com/news/all-let-off-in-nisha-sharma-dowry-case-after-9-years/235004-3.html
| archive-date = 4 March 2015
}}</ref> The case got much coverage from Indian and international media. Nisha Sharma was portrayed as a youth icon and a role model for other women.<ref>"Three 'weddings' and no dowry". BBC News. 19 November 2003. Retrieved 28 March 2015.</ref> However, it was later found that the Nisha had fabricated the charges to wiggle out of the wedding, and in 2012 all accused were acquitted.<ref>{{Cite web|date=March 1, 2012|first1=Aniruddha|last=Ghosal|title=Rebel bride's dowry charge junked|url=https://timesofindia.indiatimes.com/city/noida/Rebel-brides-dowry-charge-junked/articleshow/12090709.cms|access-date=2020-08-14|website=The Times of India|language=en}}</ref><ref name="AllLetOff" />

=== Ineffectiveness ===
Although Indian laws against dowries have been in effect for decades, they have been largely criticised as being ineffective.<ref name="auto" /> Despite the Indian government's efforts, the practice of dowry deaths and murders continues to take place unchecked in many parts of India and this has further added to the concerns of enforcement.<ref name="auto1" /> There is criticism by women's groups that India's dowry harassment laws are ineffective because the statutes are too vague, the police and the courts do not enforce the laws and social mores keep women subservient and docile, giving them a subordinate status in the society.<ref>{{Cite journal|first=Laurel |last=Remers Pardee|year=1996|title=The Dilemma of Dowry Deaths: Domestic Disgrace or International Human Rights Catastrophe?|journal=Ariz. J. Int'l & Comp. L.|volume=13|pages=491, 501}}</ref>

Further, many women are afraid to implicate their husbands in a dowry crime simply because the Indian society is viewed as having conditioned women to anticipate or expect abuse and in some sense eventually, endure it.<ref>{{Cite book|last=Bumiller|first=Elisabeth|title=May You Be the Mother of a Hundred Sons: A Journey Among the Women of India|publisher=Ballantine Books|year=1991|pages=59}}</ref> While the laws give great powers, they are not effectively enforced by the police or by courts. It can take up to 10 years for a case to go to court and even once in court, husbands and in-laws end up getting away with extortion or even murder because the women and their families cannot prove '[[beyond reasonable doubt]]' that they are the victims of such [[crimes]], as there are rarely any outside [[witnesses]].<ref>{{Cite web|last=Kishwar|first=Madhu|date=2001|title=India's New Abuse Laws Still Miss the Mark|url=http://www.hinduismtoday.com/modules/smartsection/item.php?itemid=4095|url-status=live|archive-url=https://web.archive.org/web/20150518085020/http://www.hinduismtoday.com/modules/smartsection/item.php?itemid=4095|archive-date=18 May 2015}}</ref>

== See also ==
* [[Bride burning]]
* [[Domestic violence in India]]
* [[Dowry death]]

'''General related:'''
* [[Women in India]]
* [[Marriages in India]]
* [[Bride price]]
* [[Female foeticide in India]]
* [[Social issues in India]]

'''India related:'''
{{Div col|colwidth=15em}}
* [[Domestic violence in India]]
* [[Female foeticide in India]]
* [[Gender inequality in India]]
* [[Gender pay gap in India]]
* [[Kerala snakebite murder]]
* [[Men's rights movement in India]]
* [[National Commission for Women]]
* [[Rape in India]]
* [[Sexism in India]]
* [[Welfare schemes for women in India]]
* [[Women in agriculture in India]]
* [[Women in India]]
* [[Women in Indian Armed Forces]]
* [[Women's Reservation Bill]]
* [[Women's suffrage in India]]
{{div col end}}

== References ==
{{Reflist}}
* "Dowry & Inheritance" edited by Smt. Basu, Women Unlimited & Kali for Women, New Delhi 2005.

{{Indian wedding}}
{{Social issues in India}}

[[Category:Marriage in India]]
[[Category:Social issues in India]]

IndianPedia - User contributions [en]

Dowry system in India