Dowry is a custom or tradition, which has an extremely long historical background and can be traced from ancient times. In ancient times women were treated equivalent to goddesses but such practice shifted its irony from ancient to present context and it is difficult to say what makes such sacred practice into some kind of inhuman and violent act. The system is not connected to any particular religion, caste or creed in India but is a common system that is followed all over the nation.
The ancient marriage rites in the Vedic period are associated with ‘Kanyadan’ i.e., giving away the bride in marriage. It is laid down in Dharamshastara that one of the important rituals to fulfill, the act of Kanyadan was to give Vardakshina which was nothing but some kind of a ‘Dakshina’ i.e., payment of a purely voluntary nature. So, when a bride is given over to the bridegroom, he has to be given something in cash or kind which constitutes varadakshina. Thus, Kanyadan became associated with varadakshina. Through dowry, the parents of the bride were ensuring her security and thus enabling her to lead a dignified and harmonious relationship with the family of the groom. Varadakshina was offered out of affection and love and was not based on greed, extortion, compulsion, or consideration for marriage as it is identified in the present scenario. In the course of time, the voluntary element disappeared, and the coercive element crept in. It has taken deep roots not only in the marriage ceremonies but also in the post – marital relationships. What was originally intended to be a token of dakshina for the bridegroom has now gone out of proportions and has assumed the nomenclature ‘dowry’.
The social reformers of the nineteenth and early twentieth centuries strived hard for the abolition of various social evils including the evil of the dowry system. Long before India gained independence, the then provincial Government of Sind passed an enactment known as “Sind Deti Leti Act, 1939” with a view to deal effectively with the evils of the dowry system but the enactment had neither any impact nor could create the desired effect. During the last few decades, the evils of the dowry system have taken an acute form in almost all parts of the country and in almost all sections of society. In a bid to eradicate this evil from society, the State Governments of Bihar and Andhra Pradesh enacted “The Bihar Dowry Restraint Act, 1950” and “The Andhra Pradesh Dowry Prohibition Act, 1958” for the respective States, but both these enactments failed to achieve the objectives for which they were enacted.
The evil of the dowry system was assuming enormous proportions and the minds of right – thinking members of the society, both outside and inside the State Legislatures and the Parliament were shattered. The matter was raised in the Parliament in the very first session of the Lok Sabha. Many proposals for restraining dowry were placed in the Parliament in the form of Private Members Bills. During the course of discussions on a non – official Bill in the Lok Sabha in 1953, the then Minister of Law gave an assurance to the House that a bill on the subject would be prepared in consultation with the State Governments. In pursuance of the assurance, a Bill was subsequently submitted for consideration by the Cabinet. The Cabinet then decided that the proposal might be held in abeyance till the enactment of the Hindu Succession Act. After the enactment of the Hindu Succession Act in 1956, the Government felt that separate legislation to prohibit dowry was not a matter of urgency. As the problem continued to increase the issue was, again and again, agitated in the Parliament as well as in State Legislatures.
On account of the pressure both at political and social levels, the Government finally decided to process the legislation. On 24th April 1959, the Dowry Prohibition Bill, 1959 was introduced in the Lok Sabha. After some discussion, the Bill was referred to a Joint Committee of both the Houses of Parliament. The Joint Committee presented its report with some amendments to the Bill. Both the Houses of Parliament did not agree with the amendments as reported by the Joint Committee and ultimately the Bill was considered at the Joint Sittings of both the Houses of Parliament held on 6th and 9th May 1961. The Dowry Prohibition Bill was finally passed in Joint Sittings of both the Houses of Parliament, and it became an Act, namely The Dowry Prohibition Act, 1961. The Act received the assent of the President on 20th May 1961. The law construed is stringent in nature, however, the culture observed in the country is more vigorous than such legal instruments and traditions which pass on to generations.
DOWRY: THE PROBLEM STILL PERSISTS
The idea of the “sacrosanct” institution of marriage dished out by the mainstream Indian cinema is a myth and is contrary to women’s perceptions of reality. In our ostensible ‘modern’ society, there are things, which have changed in appearance and yet, the core of our ideologies and beliefs are as infected as it was years ago. Still, the situation remains unchanged and silent. The ogre of ‘social evils’ has spread its tentacles all over humanity. It’s the 21st century now, a period of improvement and rebellion. But is it really so? Despite the fact that we are living in the 21st century, our society even today suffers from sheer ideological and intellectual backwardness where the same girls who are worshipped as goddesses, become a prey of various social evils, the most prominent among them being the dowry system. Even though, with the advent of time, numerous traditional orthodox customs have been given upon, but the custom of dowry continues. The impact these happenings leaves on a girl’s mind is very dangerous as these are the situations where they start dying their silent deaths each and every day. In the sordid annals of crimes of greed and cruelty against women, the phenomenon of dowry occupies a prominent position, yet for the years it was considered an aberration of the Northern Communities. The menace of dowry is not new in our Indian society, rather, it is as old as the civilization itself, but it has flourished over the years. Unnoticed, this shameful crime has now become a curse and a nationwide plague. The custom of dowry which had its origins in sublime sentiments has now turned into a scourge. Dowry as a precondition of marriage is a social evil but continues to be a common practice in almost every part of India.
The Supreme Court in the case of Kamlesh Panjiyar v. State of Bihar, (2005) 2 SCC 388, observed that “Marriages are made in heaven, is an adage. A bride leaves the parental home for matrimonial home leaving behind sweet memories therewith a hope that she will see a new world full of love in her groom’s house. She leaves behind not only her memories, but also her surname, gotra and maidenhood. She expects not only to be daughter in law, but a daughter in fact. Alas! The alarming rise in the number of cases involving harassment to the newly wed girl for dowry shatters the dreams. In-laws are characterized to be outlaws for perpetrating terrorism which destroys the matrimonial home. The terrorist is dowry, and it is spreading tentacles in every possible direction”.
Be a MAN, NOT a BEGGAR to ask Dowry
It is commendable that the collective efforts of the government and society are bearing fruits and the number of cases has seen a fall in the year 2024. But, despite the fall, the number is still enormous, for the women of our country to be the sufferers and men to be called as ‘educated fools’. The efforts should continue to go on till we bring this number to a ‘ZERO – 0’ and make our society a dowry free society. This will be the real empowerment of both men and women of our Nation.
Add a Comment