Why Dowry Persists: The Limits of Legal Solutions
The Supreme Court of India recently called dowry a deeply entrenched social evil. The court made this observation while dismissing a petition challenging Section 498A of the Indian Penal Code. This section deals with cruelty against married women. The court emphasized that dowry persists across vast sections of the country despite stringent laws.
This raises critical questions. Why does dowry continue? What gives it social legitimacy? How can we uproot this practice?
From Voluntary Gift to Coercive Demand
Historically, dowry functioned as a voluntary gift. Families, particularly in upper-caste northern India, gave it to the bride at marriage. It formed part of streedhan, a pre-mortem inheritance tied to the ritual of kanyadaan. Since daughters traditionally had no share in parental property, dowry served as their anticipated inheritance.
Items like clothing, jewellery, and household goods constituted traditional dowry. Scholar Pauline Kolinda's 1984 study noted how marriage often severed a daughter's natal ties. The gift was a form of parting provision.
Over time, the practice spread dramatically. By 1974, committees found dowry present across all castes, communities, and regions in India. Luxurious items and cash became common. Dowry began linking to the groom's perceived 'market value,' based on his occupation and social status.
The Shift to Coercion and Burden
The nature of dowry transformed. A 2003 report by the All India Democratic Women's Association highlighted this change. Weddings became lavish affairs. Cash and gifts became integral to the consumerist nature of marriage ceremonies. Dowry turned into a coercive demand, not a voluntary gift.
This demand places a heavy financial burden on the bride's family. Community norms and competitive social comparisons fuel the pressure. Families feel compelled to match what others give. The gifting often continues after the wedding through rituals related to pregnancy, childbirth, and festivals.
This persistent strain connects to other social evils. The perception of daughters as liabilities can contribute to practices like foeticide. Dowry thus evolved into a matter of urgent legal and social concern.
Legal Interventions and Their Limits
India has enacted several laws to combat dowry. The Dowry Prohibition Act of 1961 criminalizes demanding, taking, or giving dowry. The law defines dowry broadly as any property or valuable security given in connection with marriage.
Subsequent amendments increased punishments. Rules mandated maintaining lists of wedding gifts. Other crucial laws followed. Section 498A of the IPC, introduced in 1983, addresses cruelty by a husband or his relatives. Section 304B, added in 1986, defines 'dowry death.'
This provision applies if a woman dies from burns or bodily injury within seven years of marriage. It applies if she was harassed for dowry before her death. The Indian Evidence Act was also amended. Section 113B shifts the burden of proof to the accused in dowry death cases. The Protection of Women from Domestic Violence Act (2005) offers further civil remedies.
These laws shift focus from symbolic recognition to criminal and civil accountability. Yet, the practice endures.
Why Laws Are Not Enough
National Crime Records Bureau data is stark. India recorded over 34,000 dowry deaths between 2018 and 2022. Thousands of harassment cases are reported yearly. The real numbers are likely higher.
Several factors undermine legal effectiveness. Dowry negotiations happen within trusted social networks using subtle hints. Demands are rarely documented. This lack of evidence leads police to dismiss many cases. Families often hesitate to report, fearing social stigma. Many are unaware of their legal rights.
Cultural normalization plays a huge role. Some families view dowry as a display of wealth and status. Grooms' families justify demands based on occupation and social standing. Underlying these practices is a normative belief in male superiority, especially when women lack financial independence.
Scholar Leela Dube's work illustrates how patriarchal values are embedded in Indian kinship systems. A 2023 study by Gaurav Chiplunkar and Jeffrey Weaver shows how modernization perpetuates dowry. Families pay to secure 'modern,' well-qualified grooms. The marriage market treats men and women unequally.
There exists a cultural lag between law and social values. Legislation changes text, but mindsets change slowly.
The Path Forward: Social and Generational Change
The Supreme Court stressed the need for concentrated efforts from all parties: legislature, law enforcement, judiciary, and civil society. Eradicating dowry is not a matter of swift change. Women need awareness of their legal rights. Legislation is a tool, but changes must be social and generational.
Anti-dowry awareness must shift focus towards men, particularly young men. Sensitizing them that dowry is a crime is crucial. Public discourse must increase. Celebrating dowry-free marriages can help normalize the alternative.
Educational integration is key. Successful anti-dowry campaigns should be part of school syllabi and local body initiatives. For example, Breakthrough's Bell Bajao campaign created advocacy kits against domestic violence, including dowry harassment. Translating such content into vernacular languages by local groups can ensure wider circulation.
The feminist movement of the 1970s and 80s played a vital role. It brought dowry from the private sphere into public policy. Tragic deaths, like that of 21-year-old Hardeep Kaur in Delhi, mobilized protests. Slogans like "women are not for burning" became rallying cries. This movement underscored that the personal is political.
Ultimately, defeating dowry requires a multi-pronged attack. Laws provide a necessary framework. However, transforming deep-rooted social norms demands sustained community engagement, education, and a revaluation of women's worth in society. The battle is as much in homes and hearts as it is in courtrooms.
