Dowry Deaths: Manifestations of a Sick Society

Dr. Malinee Priya•

Introduction
In our society the terror of dowry extortion is almost routine, responsible for the
daily torture and murder of hundreds of thousands of women. The ‘official figure
(not counting those thousands of deaths which are passed off as ‘accidents’ or
‘stove bursts’) is that nearly 9000 women are killed every year in dowry related
crimes. But the social outrage and protest such incidents once provoked are now
wanting. Expressing serious concern over dowry death cases, the Supreme
Court recently observed that such offences are to be treated as the ‘rarest of
rare’ ones and extreme punishment of death should be awarded to offenders.
Crimes against women are not ordinary crimes committed in a fit of anger or for
property; they are social crimes. They disrupt the entire social fabric. Hence, they
call for harsh punishment. Unfortunately, what is happening in our society is that
out of lust for money people are often demanding dowry and after extracting as
much money as they can they kill the wife and marry again and then again they
commit the murder of their wife for the same purpose. This is because of total
commercialisation of our society, and lust for money which induces people to
commit murder of the wife. The time has come when we have to stamp out this
evil from our society, with an iron hand.

“The hallmark of a healthy society is the respect it shows to women. Indian

society has become a sick society”, observes the Supreme Court of India. This is
evident from the large number of cases coming up in almost all courts in the
country in which young women are being killed by their husbands or by their in-
laws by pouring kerosene on them and setting them on fire or by
hanging/strangulating them. What is the level of civilisation of a society in which a
large number of women are treated in this horrendous and barbaric manner?

The present paper therefore attempts to refocus our attention on this inhuman
crime that has been tolerated for two long, and which usually gets relegated to
small, routine columns in the inner pages of newspapers.
Dowry: Delusions and Origin
Dowry is, and has always been essentially, that property which has been
obtained under duress, coercion or pressure. It is in fact property extorted from
the father or guardian of the bride by the bridegroom, his parents or relations. It

•
Assistant Professor, Department of Psychology, Bhim Rao Ambedkar College, University of Delhi, Delhi

Women’s Link, Vol.17, No.1, January-March 2011

does not consist of voluntary gifts given to the bride and bridegroom1. The
confusion that "dowry" is a concept of Hindu Law has arisen from the concept of
"Varadakshina"2 which was associated with an approved Hindu marriage
considered as "Kanyadaan"3. Marriage was considered a sacrament and not a
contract under Hindu Law. The Dharmshastras, the ancient Hindu Law texts laid
down detailed qualifications and qualities that bridegrooms must possess and to
whom presents in cash or kind known as "Varadakshina" were to be given. Both
Kanyadaan and Varadakshkna were considered meritorious acts. The presents
that were given to the daughter on the occasion of marriage by her relations and
friends constituted her "stridhan", i.e., her separate property. Varadakshina was
given voluntarily to the groom and there was no compulsion. Obviously it was his
property.

The modern practice of dowry has no resemblance to the original concept

contained in Hindu Law as it originated in ancient times4. In fact it is a
manifestation of the political, economic and cultural insignificance of women both
in her natal family and in the family in which she enters in marriage. Having
always been considered an economic liability within her natal home, she is
considered a temporary visitor until she departs in marriage to her husband's
home. Dowry has to be given so as to compensate this non-productive being,
even when the woman is educated and has her own job and is not economically
dependent on her husband.

The culture of conspicuous consumption has reached such frightening

proportions that dowry has permeated even those communities and classes
which traditionally did not accept dowry. They are now doing so in order to
achieve social mobility and status. A Joint Committee appointed by the Houses
of Parliament to examine the working of the Dowry Prohibition Act in 1980 found
that dowry had permeated all classes, communities, and religious groups and
castes5. It noted with distress that education had no liberalizing effect on the
minds of people. In fact the more educated people accepted and insisted on
dowry.
The Spread and Scope of Dowry

The statistics presented below (Chart-1 2, & 3) shows the incidence of dowry
deaths in India. As evident from Chart-1, dowry deaths have been on the rise

1
“Kali's Yug: Dowry Deaths and Access to Justice", Rani Jethmalani and P.K. Dey, Empowerment, Law and Dowry
Death, Har-Anand, New Delhi, 1995. P. 36-78.
2
'Varadakshina': A token or gift given to the bride-groom by the bride's father.

3
‘Kanyadaan': Gift made by father of a bride to father of the bride-groom.

4
Paul M.C.; Dowry & Position of Women of India; Inter-India Publications, 1955, New Delhi.

5
Report of the Joint Committee of the Houses of Parliament to examine the question of working of the Dowry Prohibition
Act, 1961.

Women’s Link, Vol.17, No.1, January-March 2011

from 2006 to 2008 at the national level. Chart-2 and 3 indicate the states where
dowry deaths and cases registered under the dowry prevention act are high
amongst others in India. Clearly, dowry deaths are increasing in Bihar, Madhya
Pradesh and Uttar Pradesh. Orissa and West Bengal also have high rates of
dowry deaths. Point to note is that these are only the reported cases; the actual
number may differ from it.

Chart-1

Dowry deaths have increased by 1.0% over the previous year (8,093). 27.4% of
the total such cases reported in the country were reported from Uttar Pradesh
(2,237) alone followed by Bihar (1,210) (14.8%). The highest rate of crime (1.3)
was reported from Bihar and Haryana each as compared to the National average
of 0.7.

Women’s Link, Vol.17, No.1, January-March 2011

The cases under Dowry Prevention Act have decreased by 1.2% as compared to
the previous year (5,623). 23.7% cases were reported from Orissa (1,316)
followed by Bihar 1,288) accounting for 23.2% of total cases at the National level.
The highest crime rate was also reported from Orissa at 3.3 as compared to 0.5
at the National level.

Chart-3

Women’s Link, Vol.17, No.1, January-March 2011

A survey by AIDWA in 20036 reveals how the scope and spread of dowry have
widened over the last decade. A part of the survey conducted among a total of 63
Muslims in Delhi, including 30 married women, 23 young girls and 10 men,
pointed to dowry gaining ground within the community. “Different people gave
different reasons for supporting the dowry system. Young girls and their parents
(all except one who had incomes within 5,000 to 10,000) said that it was because
of the rigid custom prevalent in their society. Young girls considered it as their
right. They said that as they did not get any share in their parents’ property this
was the only way they could have some part of it… Most of them said that it was
because of tradition that they will take dowry. If they did not take any dowry they
will not get any respect in their matrimonial homes.”

In state after state, respondents said it was impossible to escape the system;
many stressed it was the only way of having a share in parents’ property. In
Haryana, one of the states with an alarmingly low sex ratio, dowry has spread to
all economic sections, with the poor under mounting pressure to scale up dowry.
Majority of respondents admitted that they are afraid of giving birth to a girl child
because of dowry at the time of the marriage7. In Tamil Nadu, the majority of
girls, across caste lines, said it was impossible to get married without dowry. But
at the same time the report threw up a co-relation between the level of education
of the respondents and their approach to dowry. Those with lower education
levels seemed resigned to accept dowry as a way of life but women with
postgraduate degrees questioned and disagreed with the system.

The report also threw light on the changing approach within the Dalit community
to dowry. Under traditional Dalit customs, a bride would go to the groom’s family
with 5 cooking utensils, and if that happened to be beyond the family’s means,
then pattal or leaves were offered in the pai punji ceremony. The groom’s family
would host the wedding feast. But the spread of dowry seems to be hurting this
traditional custom. “The tendency to imitate upper castes and the spread of
consumer culture among Dalits has also meant that items such as a colour
television, fridge, motorcycle, cooler, etc. are now demanded. The rituals of
upper caste weddings are also imitated. In addition, a demand for cash is
growing8.

The increasing trend in dowry violence and dowry deaths presents a troubling
issue for India, and it correlates with other social ills that plague the ancient
nation. For instance, female infanticide, feticide, and high-risk abortions all stem
from abuse of the institution of dowry9. Thus, dowry deaths present a human
rights concern that India must address properly.
6
Expanding Dimensions of Dowry, AIDWA, 2003
7
ibid
8
ibid
9
“Deterring Dowry Deaths in India: Applying Tort Law to Reverse the Economic Incentives that Fuel the Dowry Market”,
Sunil Bhave, Suffolk University Law Review, Volume XL, No.2, 2007

Women’s Link, Vol.17, No.1, January-March 2011

The Economics of Dowry

While experts debate why dowry system deviated from the old gift-giving ritual,
they agree generally that dowry deaths result from greed: the groom’s family
continually demands a larger dowry, while the bride’s family agrees to pay a
dowry in order to relinquish the burden of caring for its unwed daughter. The
families’ greed - and, thus, the “dowry death” threat - may persist during and after
the marriage. For instance, the groom’s family may demand dowry for years after
the marriage takes place. It may request further dowry during special occasions,
such as religious ceremonies and the birth of children. When the bride’s family
cannot - or will not - make good on its dowry obligations to the husband’s family,
the bride may endure physical violence and, many times, death at the hands of
the groom’s family. The wife’s death makes way for a new financial transaction -
that is, another marriage opportunity for the former groom.

It is women’s inferior socio-economic status in our society that promotes the

dowry system with its fatal consequences. As we are all aware, sons are valued
more highly than daughters in our society. Female children are often seen as
financial burdens on their families. They are not considered able to provide
manual labor for the family, furnish steady income for their parents, or carry on
the family line. Education and employment opportunities are usually never
considered during a female’s upbringing. Instead, it is customary in India for a
daughter to be raised knowing that her primary responsibility in adulthood is to
get married and provide a family for her husband. Marriage, and the attendant
dowry agreements, rid the daughter’s household of a financially-burdensome
member.

Social pressures also promote the dowry tradition. Woman in a rural community
bring shame to her family if she is required to work outside of the home to
support the family’s income. An unwed daughter who is older than twenty years
and lives in her parent’s home brings dishonor to her family. These forces create
a strong incentive for a family to marry its daughters off in order to preserve the
family’s reputation in the community. Economically speaking, the wife’s family
incurs many benefits by consenting to a dowry transaction. By marrying the
daughter, the family no longer has to care for a child. The cost to the wife’s family
in entering a dowry transaction is the costs of the goods it transfers to the
husband’s family. A wife’s family will go along with a dowry transaction at
marriage as long as the transactions’ expected benefits exceed its expected
costs. If the family places more value on marrying its daughter and moving her
out of its house than the price of the dowry it must pay, the family will proceed
with the dowry transaction.

Likewise, the husband’s family enjoys benefits and incurs costs when it engages
in a dowry transaction. From the husband’s family’s perspective, the benefits to a

Women’s Link, Vol.17, No.1, January-March 2011

dowry transaction are mostly the value of gaining the dowry and the wife. The
family values the wife because it desires to produce sons. The expected costs of
engaging in a dowry transaction are the costs of taking care of the wife as a new
member of the husband’s family. However, this expected cost is often negligible
because the husband’s family may choose to provide the wife with a low quality
of life. Furthermore, the fact that the husband’s family requests dowry suggests
that it stands to gain economically from the marriage. Because the dowry
transaction betters both the husband’s and wife’s families, the economic market
for dowry marriages remains strong. Often, however, the husband’s family will
take advantage of the bride’s inferior status by extorting more dowry payments
from her family after the marriage has taken place10. The husband’s family
threatens, and often commits, physical abuse toward the wife if her family cannot
make additional payments. Many times, a family’s effort to save the wife from
such abuse throws the family into debt.
The economic analysis of dowry marriages overlooks the fact that the wife lacks
a voice in the transaction. After a woman marries, her economic status makes
leaving her new family difficult.11 Most Indian women are not employed, and they
are financially dependant on their new families. The wife is often confined within
her husband’s home. Her old and new family is often too stricken with greed to
resist the dowry temptation. Further, the wife will likely not report dowry-related
abuse to the authorities because of fear of additional violence she may encounter
in her husband’s home. Thus, socioeconomic factors contribute to the dowry
tradition and the violence it spawns.

Changing Forms of Dowry

Dowry includes gifts and wealth given at a daughter’s wedding, not just to her but
her husband, in-laws, various relatives as well as household goods required for
setting up the house. The latter vary from simple gifts of clothing and small items
of jewellery to the women of the family to exorbitant sums in cash or expensive
pieces of property to the groom and his parents.

The amount of dowry commanded by a groom has more to do with his status,
income potential and social-familial connections than with the perceived share of
a daughter in her parental property. Thus that part of wealth, which is given to the
groom and his family, has acquired the form of groom price because it is an
offering for seeking an alliance with a family with lucrative potential12. Not
surprisingly, men in those government jobs such as the Indian Administrative
Service (IAS), The Indian Police Service (IPS), which command the highest
bribes and unlimited avenues for looting the public as well as robbing from the
public exchequer and resources such as land allotments, business contracts, etc.

10
“Consumerism Fuels Dowry-Death Wave: Bride Burnings on the Increase in India, Molly Moore, Wash Post, Mar. 17,
1995, at A5

11
Criminalizing Dowry Deaths: The Indian Experience, Judith Greenberg, U.J. Gender Soc. Policy & & L. 801, 839 (2003)
12
“Strategies for Combating the Culture of Dowry and Domestic Violence in India”, Madhu Purnima Kishwar, 2005

Women’s Link, Vol.17, No.1, January-March 2011

command the highest dowries. If in a family one son is an IAS Officer, his dowry
will be substantially higher than that of his brother who may have managed to get
nothing more than a schoolteacher’s job.

The component of dowry that still retains some resemblance to the traditional
stridhan involves bride’s gold jewelry, household goods and any property that her
parents might put in her name. But even this does not always remain in her
control leading to bitter tussles. It is not uncommon for a groom’s family to keep a
part of this dowry for their own daughter’s wedding or treat the household goods
as offerings made to the family, rather than just the bride.

Contemporary dowry is more like an investment by the bride's family for plugging
into powerful connections and moneymaking opportunities. Marrying a daughter
to such a man means upward mobility for her entire natal family, especially
brothers, because they will secure huge benefits through this connection13. An
apprehension of insecurity that the son, following his marriage, may not look after
them in old age tends to be yet another incentive. Liberalization, by opening up
new employment avenues, has paved the way for greater upward mobility among
educated middle and upper classes. A fast rising income graph has made the
grooms much sought after by the brides’ families who want to enter into
matrimonial alliance with families of a status higher than their own.

Dowry Prevention Laws

The Country attempted to curb the use of dowries - the root of the dowry death
problem - by enacting the Dowry Prohibition Act of 1961 (Act). The Act
criminalizes the conduct of “any person [who]………gives or takes or abets the
giving or taking of dowry.” The Act defines dowry as “any property or valuable
security given or agreed to be given either directly or indirectly (a) by one party to
a marriage to the other party to the marriage, or (b) by the parent of either party
to a marriage or by any other person, to either party to the marriage or to any
other person”.

Furthermore, under the Act, “any agreement for the giving or taking of dowry
shall be void.” If the wife’s family transfers any dowry in consideration for the
marriage, the Act requires the husband’s family to return the dowry.

Not only does the Act prohibit the giving and taking of dowry, but it also outlaws
the demanding of dowry, either directly or indirectly. Any person who demands
dowry from the bride’s or groom’s relatives may receive up to a two-year prison
sentence. If convicted of demanding dowry, the punishment may also include up
to a 10,000 Rupee fine. In addition, the Act proscribes any person from
advertising dowry to be given in consideration of marriage. The punishment for
advertising dowry includes imprisonment ranging from six months to five years,
and up to a 15,000 Rupee fine.
13
ibid

Women’s Link, Vol.17, No.1, January-March 2011

In 1983, the Government further strengthened legal protections for women when
it amended the Indian Penal Code to include Section 498(A). This section
provides a punishment of up to three years in prison and a fine for “whoever,
being the husband or the relative of the husband of a woman, subjects such
women to cruelty.” The section defines “cruelty” to include “any willful
conduct……..likely to drive the woman to commit suicide or ……… grave injury
or danger to her life.” “Cruelty” also consists of any “harassment of the woman
where such harassment is with a view to coercing her …… to meet any unlawful
demand for any property or valuable security.”

Later, in 1986, the Government amended the Indian Penal Code again to codify
“dowry death” as a criminal offense. The Section 304(B), defines “dowry death”
as where the death of a woman is caused by any burns or bodily injury or occurs
otherwise under normal circumstances within seven years of her marriage and it
is shown that soon before her death she was subjected to cruelty or harassment
by her husband or any relative of her husband for, or in connection with, any
demand for dowry.

Notably, the section establishes that whenever the facts of a dowry death exist,
the husband or husband’s family is presumed to have caused the wife’s death.
The Government amended other existing legislation to confront the dowry death
issue. It amended the Evidence Act in 1986 to establish a presumption that a
husband’s family caused a dowry murder whenever a wife’s death was preceded
by harassment or cruelty. Additionally, the Indian Penal Code was amended to
facilitate criminal investigations whenever a woman dies of unnatural causes
within seven years of her wedding.

These statutes and amendments illustrate the substantial steps the Government
has taken to curb the dowry death phenomenon through criminal legislation.
Nevertheless, these measures often termed ‘draconian’ by many, have proved
ineffective in stemming the violence against women. In fact, dowry prevention
laws offer more bark than bite resulting in unabated rise in dowry-related violence
and deaths in the country.

Key Flaws in the Laws

Most of the problems result from the vague definition of crime combined with
draconian provisions for punishment:

• The law sanctions “gifts” but forbids dowry. It cannot be used for giving gifts at
the time of the marriage to the bride, provided they are voluntary and are
entered in a list, in accordance with rules. Presents to the groom, if they are
made without being demanded, are exempted.

Women’s Link, Vol.17, No.1, January-March 2011

• Who decides what is and what is not a voluntary gift? What is passed off as
voluntary at the time of the wedding by the bride’s parents may attract the
label of dowry in case strains in the marriage develop later. Thus even when
marital troubles may not be connected to tussles over dowry; women’s
families tend to register cases using the draconian provisions of the anti-
dowry law when the marriage heads towards a breakdown14.

• Presents to the groom should not be of “excessive value”, in relation to the

“financial status of the person by whom, or on whose behalf, such presents
are given”. However, the legal parameters for deciding what gifts are of
“excessive value” in relation to the economic status of the giver are vague.
What happens to owners of black money who do not declare their income or
are benami property owners?

• A study15 on dowry harassment cases reported to authorities revealed 60 per

cent of families gave dowry despite no explicit demands; 79 per cent paid
‘voluntarily’ rather than ‘under pressure’; 35 per cent said they had given
dowry for the ‘girl’s happiness’, 12 per cent as a status symbol and 22 per
cent under ‘social pressure’.

• The law makes both givers and takers of dowry partners in crime. But hardly
any cases of persecution for giving dowry ever come to light.

• The Dowry Prevention Law does not take into account the changing form of
marriage transactions. Dowry cannot be perceived as simply a spillover of
traditional practices since the differences between modern-day dowry and
stridhan are too stark to merit a comparison.

Some of the other problems/ flaws related to dowry prevention laws in the
country are described as under:

• The scope of the Dowry Prevention Act is rather limited. It extends to the
whole of India except the State of Jammu and Kashmir. The text states
blatantly that the Act does not apply to the entire nation. Unfortunately, the
vast majority of dowry deaths occur in the lower income strata of our society,
and Jammu and Kashmir are two of India’s more impoverished states. Thus,
the Act’s exclusion exacerbates dowry death problem.

• Even in states where the Act applies, lack of enforcement is rife. The failure
begins at the investigative stage. Investigative reports usually deem dowry
deaths family disputes unrelated to dowry. One study indicates that the
government investigates fewer than one in ten dowry deaths16.
14
“Strategies for Combating the Culture of Dowry and Domestic Violence in India”, Madhu Purnima Kishwar, 2005

15
‘Brides are not for Burning: Dowry Victims in India’, Ranjana Kumari, Radient Publishers, New Delhi, 1989.
16
“Dowry Death: A Violation of the Right to Life Under Article Six of the International Covenant on Civil and Political Rights”,
Angela K. Carlson-Whitley, 17 U. Puget Sound L. Rev. 637, 646 (1994).

Women’s Link, Vol.17, No.1, January-March 2011

• Police investigations into potential dowry deaths are usually conducted
poorly.84 Police officers rely on statements made by the husband’s family
because few witnesses to the killing exist.17 The wife’s family will not speak
out about the killing because of the shame and dishonor the family would
shoulder for its failing to make good on dowry payments. When the police
conduct investigations, they often do not even attempt to lift fingerprints or
take photographs of the wife’s body and the crime scene.18

• Even when a dowry death case reaches the prosecutorial stage, studies show
that prosecuting attorneys rarely invoke the Act. Analysis of data from 1961 to
1975 shows that prosecutors filed just one case under the Act19. Prosecutors
who proceed to trial usually possess insufficient evidence to prove the
family’s guilt. In addition, police often conspire with the accused to falsify
dowry death cases as suicides. This conspiracy sometimes even involve the
altering of a wife’s dying declaration, often the prosecution’s only evidence of
the husband’s and his family’s wrongdoing.20

Epilogue

Dowry will not vanish overnight by law alone. At a joint sitting of both Houses of
Parliament, the Prime Minister, Mr. Jawaharlal Nehru on Dowry Prohibition Bill in
May 1961 observed: "Legislation cannot by itself normally solve deep-rooted
social problems. One has to approach them in other ways too, but legislation is
necessary and essential, so that it may give that push and have that educative
factor as well as the legal sanctions behind it which help public opinion to be
given a certain shape." The concept of dowry has been so intimately linked with
custom that has become legitimized in the sub-conscious minds of people and is
not perceived as immoral or illegal.

The Dowry Prohibition Act is reactive and punitive. But unless there is a deep
commitment and relentless community efforts in the implementation of the law,
the law will remain ineffective. A great number of women, especially in rural and
semi-urban areas, still consider dowry as good. These misconceptions are due to
inadequate understanding of the nature of dowry which devalues and
commercializes women in the institution of marriage.

As of today, women still have very few options in the areas of employment and
education in our country. The financial dependency that results from their lack of
educational or employment opportunities forces women to enter into arranged
marriages and endure dowry-related harassment. The cultural and social
patterns of men and women need reshaping to acknowledge a female’s value to

17
ibid
18
ibid
19
ibid
20
ibid

Women’s Link, Vol.17, No.1, January-March 2011

Indian society. If Indian society were to treat women as human beings and not
merely as commodities to be exchanged for dowry, dowry-related harassment
and violence would cease. Empowerment of women on social, political, and
economic arenas is certainly the solution. But how can we accomplish that?

Educating society as to the horrors of dowry violence is, of course, needed in the
schools and at home. Educating not just the general masses, but also the police
and the judiciary, about dowry violence and deaths would help in combating the
problem. The officials need to be educated on the importance of enforcing
existing laws and on how they should go about doing so. In addition, publication
of dowry death cases is vital to exposing the public to the problem’s severity.

Using the media to sensationalize the dowry problem may have the effect of
causing societal attitudes to change, or at least make many less apathetic to
proposed solutions. Education reform should include: (i) educating females to
provide them with greater financial opportunities in life; (ii) educating citizens
about the economic system that renders women dependent on their families; (iii)
encouraging the media to inform the public at large about the dowry problem;
and (iv) educating citizens to encourage a reform of India’s legal structure in
order to provide greater rights for women.

The present day dowry system in India symbolizes the disinheritance of women
and the desperation of parents to push their daughters out of their homes after
marrying them off, no matter how this affects their well-being. Failure to do so is
considered a severe stigma on the family's reputation. Once women become
equal inheritors, parents will not have to depend on sons and daughters-in-law
only for old age security because daughters too will be empowered to take care
of their parents. This will make families less male-centric and therefore, less
prone to violent tussles. We need to combat the culture of disinheritance if we
wish to effectively combat the growing hold of dowry culture21.

Parents, through widespread, high profile campaigns should be encouraged to

gift mainly income-generating forms of property to their daughters (land, house or
business shares) depending on the economic status of the family. We should
also encourage those parents who can afford it to ensure that their daughter has
a house, room or even a jhuggi in her own name so that she is never rendered
homeless, can never be 'thrown out of the house'22. In fact, it would require multi-
level strategies to combat the insatiable greed of a savage consumer culture that
has brutalized our society.

21
“Strategies for Combating the Culture of Dowry and Domestic Violence in India”, Madhu Purnima Kishwar, 2005

22
ibid

Women’s Link, Vol.17, No.1, January-March 2011