Dowry System in India: Death, Torture and Defeat of Women’s Rights

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DOWRY SYSTEM IN INDIA: DEATH, TORTURE AND DEFEAT OF WOMEN’S RIGHTS

Shivani Bisht

Editorial Note: The author discusses about the practice of dowry in India and the issues that brides face as the primary victims of its systemic injustice.

In several countries, the concept of a bride price is very common. However, this tradition of levying bride price is increasingly being criticized, mainly because many people believe that this tradition propagates the view of women as a commodity. In India, it is common for the family of the bridegroom to demand dowry from the family of bride. Due to such demands, brides often suffer from mental and physical distress if her family is unable to fulfill the demands of groom’s family. In several parts of India, payment of dowry is an important component of weddings. While both payment of bride price and payment of dowry can be witnessed in India, the latter is more prevalent.

Initially, people used to consider dowry as a token i.e. a gift given to the daughter by her family for her happy marital life. Dowry was also given in the form of jewellery, cash and gifts in order to maintain the prestige of daughter. Yet today, dowry has become a means to satisfy demands made by the groom’s family and is no longer considered as a token offering.[1] In some ways it may be said that dowry has become a consideration for a marriage in many communities.[2]

The demand for dowry and inability on the part of the bride’s family to satisfy the incessant demands have lead to dangerous consequences including torture, [3] violence[4] or even homicide in several cases. Women subjected to dowry demands in some instances have also found themselves becoming victims of sex trafficking and forced prostitution. Evidently there is a criminal element involved.[5] Yet it is important to note that the situation is not new. Even as far back as in the year 1995, 6000 dowry deaths were reported by the National Crime Bureau. Since women are subjected to dowry demands, regardless of their monetary circumstances,[6] even poor households are afflicted with the evil of dowry.[7]

Initially, the main aim of the provision of dowry was to grant wealth or estate for the formulation of new house to provide help to the husband and his family. It was also meant to provide some assistance to the wife as well as her children in case the husband passed away prematurely.[8] Therefore, initially dowry was provided with the intention of benefiting the woman who was married off. In earlier times, wives would also bring some assets which exclusively belonged to her and was not considered to be a part of dowry[9].

In earlier times, dowry was considered to be a part of traditions. There were rules in place in several communities stating that on the death of husband, the wife would have a right to claim her dowry. In cases were a woman died childless, some community rules also prescribed that the husband would be under a duty to return the dowry after deducting the amount of bride price[10].

As discussed the practice of dowry continues today, albeit in a much more negative manner.[11] The plight of victims of dowry demands is truly heart wrenching. Recognising this, there have been several legal provisions which have been developed to prohibit harassment of women for dowry as well as prevent the payment of dowry. The foremost legislation is the Dowry Prohibition Act, 1961. Sections 304B and 498A of the Indian Penal Code also deal with the issue of dowry based violence and dowry deaths. The Evidence Act also contains important provisions for prosecution of the perpetrators who harm brides due to their greed for dowry. Unfortunately, victims of dowry based violence are often not in a position to bring forth their situation, due to the fear of social stigma and repercussions. Lack of sensitivity on the part of law enforcement officials while dealing with dowry related cases also adds to the menace.

Other problems include the belief among several communities in India that women have fewer rights, particularly in terms of inheritance as compared to sons. Such beliefs aggravate the perceptions concerning dowry. Apart from the cultural tradition surrounding dowry, economic factors also play a crucial role in its prevalence.[12] Changing the situation is not simple. Yet empowering women by spreading awareness about their legal options in case of dowry demands can surely be beneficial.

In India, there are several organisations and well meaning individual who are helping women to fight against the harassment associated with dowry. Courts are also providing an opportunity to the victims of dowry harassment to seek redressal. However, it is important to recognise that true change can only occur when there is a change in societal mindset. It is only then that eradication of the practices of seeking and paying dowry can be given effect.


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[1] Hindu Social Customs by Sudheer Birodkar.
[2] Joint Women’s Programme Series.
[3] Sharma, Domestic Violence and Women.
[4] Dowry System in India: Case Study.
[5] Udai Veer, Crime against Women.
[6] Crime against women, R.K. Data, Reference Press Publications.
[7] Pallavi Sharma ―Dowry system a curse on Indian Society.
[8] Violence and Protective Measures for Women Empowerment and Development.
[9] Law related to Domestic Violence by Dr. Revathi.
[10] Law related to Women by Dr Masood.
[11] Hindu Social Customs by Sudheer. 
[12] Dowry or Living Devil in Society.

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