| by Shravanti Reddy, Digital
Freedom Network
(November 7, 2002) The Indian
government has reported that an estimated 6,000 women a year die
as a result of dowry abuse in India. Many more are maimed and
injured. While these figures are shocking, they may only be the
tip of the iceberg. Others have placed the number of dowry-related
deaths closer to 25,000 a year.
Dowry refers to a marriage
practice in Hindu society where gifts of cash or other valuable
items are exchanged between the families of the bride and groom.
Although its ancient meaning was to show respect, dowry has taken
on a harmful form and meaning in recent times. Rather than a
voluntary act, it is now treated as an essential condition for
entering into marriage with the "gift-giving" unfairly
one-sided.
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If
the bride's family does not pay the dowry, the
groom and his family sometimes subject the bride
to physical and psychological abuse.
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It is only the groom's family that
demands and receives a dowry before and sometimes even after a
marriage has taken place. If these demands are unmet by the
bride's family, the groom and his family sometimes are motivated
to subject the bride to physical and psychological abuse.
Dowry-related violence has taken the form of sex-selective
abortion, female infanticide, rape, forced suicide, and homicide.
The widespread acceptance of dowry
makes it difficult to abolish the practice. This is underscored by
the fact that Hindu communities have continued the practice
outside of India.
While the government has made
legal efforts to abolish the practice, monitoring and enforcement
remain difficult to enforce. However, organizations and
individuals within India have begun questioning the so-called
cultural norm of dowry and have taken actions to end its abuse.
By challenging the broader
perceptions of women's role in society, they seek to increase the
value placed on women's lives in an effort to end the practice of
dowry which simultaneously reflects the status of women and girls
in Indian society, while also reinforcing their oppression and
discrimination.
Presents or privations?
Although the practice may differ
among various communities, dowry is prevalent throughout India,
cutting across socioeconomic classes.
The demand and payment for dowry
usually takes place prior to a marriage. However, in some cases, a
groom's family continues to demand dowry payments years after the
marriage occurred.
The agreement between the families
of the bride and groom over an acceptable dowry may be done
through a mediator, or directly between the two families. Dowry
often takes the form of cash, clothes, jewels, furniture, vehicles,
and wedding or reception expenses.
In many cases, the word "dowry"
may never actually be mentioned, but lavish gifts by the bride's
family that are unreciprocated by the groom's family are often a
silent indication that a dowry has been paid.
The dowry is often seen as the
wife's financial contribution to a marriage since she is less
likely to have paid employment. However, the assets are usually
put in the groom's or his family's name.
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The
social stigma for unmarried women compels many
families to pay a dowry despite any misgivings.
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In some cases, a dowry is treated
as the wife's inheritance with the assets placed under her name.
However, once she is married, the new bride may lose control over
these assets. A dowry in no way substitutes for women's
inheritance rights.
Although many believe that poverty
is one of the factors that leads to demands for dowry, the fact
that the practice is prevalent amongst middle- and
upper-middle-class families points to other reasons such as a lack
of employment opportunities for young men. This creates a reliance
on dowry as a form of income.
While the benefits for the groom's
family are obvious, the bride's family is also complicit in
agreeing to pay a dowry, thereby perpetuating the practice. The
social stigma for unmarried women compels many families to pay a
dowry despite any misgivings.
And—even though in many cases
dowry may be paid and the wife may never suffer any dowry-related
abuse—the practice leaves women vulnerable to abuse.
Dowry-related violence
Dowry-related violence against
women can occur before, during, and after marriage.
The heavy price of providing a
dowry has proven to be a consideration for many families in their
preference of sons over daughters. In the worst-case scenario, the
issues and expenses related to dowry make a daughter an
undesirable addition to her family, which sometimes leads to
female infanticide and sex-selective abortion.
In 2000, the United Nations
Population Fund reported that female infanticide in India had
increased dramatically over the last decade. The infant mortality
rate for female babies was 40 percent higher than that of male
babies. While poverty was cited as the main reason, dowry was
listed as second.
It is common for unsavory medical
practitioners to highlight in their advertisements that 6,000
rupees (US$122) paid now to abort a female fetus is cheaper than
paying an unimaginable sum later for a dowry. This leaves little
doubt about the calculations made by parents in their decision to
abort a female fetus.
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Some
unsavory doctors advertise that the US$122 paid
now to abort a female fetus is cheaper than paying
for a dowry later.
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Some women are driven to commit
suicide when they realize that their parents cannot pay for a
dowry, making their prospects for marriage slim. They are unable
to face the social stigma against unmarried women in Indian
society.
However, the most heinous forms of
dowry abuse often occur after a women is married and has moved
into her husband's or in-laws' house as is customary in many parts
of India.
If the groom and his family find
that dowry was not paid in full or believe it to be insufficient,
they may take out their anger and frustration on the bride. In
worst-case scenarios, the groom and his family may demand more
dowry from the bride's family even years after the marriage,
simply out of greed. In essence, their ability to harm the women
is used as a means of blackmailing her family for money to ensure
her safety.
The harassment against the bride
can take the form of psychological and physical abuse such as
confinement to the house, rape, and beatings. In some cases, a
woman is even murdered by her husband or his family.
The most common form of dowry
homicide is a phenomena known as "bride-burning,"
whereby the women is doused with kerosene and set ablaze. The
murder is often made to look like a "kitchen accident"
or a suicide. In some cases the mental and physical anguish to
which a woman is subjected does indeed drive her to commit suicide.
Ending dowry and upholding
women's rights
Despite a series of legal actions
on the part of the government, the practice of giving, taking, and
demanding dowry has remained in place.
According to the Dowry Prohibition
Act of 1961, the punishment for giving or taking dowry is a prison
term of "no less than five years and a fine which shall not
be less than fifteen thousand rupees or the amount of the value of
such dowry, whichever is more." The law excludes presents
given to either the bride or groom "without any demand having
been made." Punishment for demanding dowry also exists but is
much less severe.
The realization that the Dowry
Prohibition Act had little impact in changing attitudes and
practices led to the creation of Dowry Prohibition Officers in
1986. Appointed by each individual state, these officers were to
document, monitor, and enforce anti-dowry laws.
However, the number of
dowry-related deaths attests to the fact that these legal remedies
have failed to protect women from dowry abuse.
The social stigma against
unmarried or divorced women continues to convince many families to
give in to dowry demands, making it unlikely that they will seek
legal redress.
For those that do take such cases
to the court, the rate of acquittal is disheartening. A Frontline
study reported that most dowry-related cases ended in acquittal
for the groom. Out of 799 cases of dowry death, there was only one
conviction.
To make any impact in abolishing
the practice of dowry, the government must ensure better law
enforcement and less impunity to men and families who commit such
abuse.
One positive step is the emergence
of greater opposition to dowry from within the Hindu community in
response to the increase in dowry-related murders in the past
decade.
There have been several recent
initiatives that are addressing the issue, although they
acknowledge that it will be difficult to implement change.
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Initiatives
to stop dowry abuse
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For example, the International
Society Against Dowry Abuse and Bride-Burning in India (ISADABBI )
was created in 1993 to increase public awareness against the evil
of dowry and bride-burning in India, to provide medical, legal,
and judicial assistance to the victims of these crimes as well as
to provide shelter, training, and rehabilitation services to
victims.
ISADABBI is also hosting the Sixth
International Conference on Dowry, Bride-Burning and
Son-Preference from January 3-6, 2003 in New Delhi, India, in
collaboration with Harvard University and the School of Oriental
and African Studies in London.
The conference will be a forum for
academic discussion and formulation of programs to combat the
phenomena. While they have already created a six-point plan to
abolish dowry, they plan to adopt a more detailed work-plan which
they will present to the Indian government.
Another example is the "Say
No to Dowry" Campaign that was launched at the Association
for India's Development (AID) earlier this year. The "Say No
to Dowry" Campaign asks individuals to make a pledge to not
accept, demand, or give a dowry as any part of their own marriage.
They hope that the campaign will create discussion and enable
those opposed to dowry to take a stand against it.
In addition there are several initiatives such as the Women's
Action Research and Legal Action for Women (WARLAW) that provides
free legal assistance to dowry victims and the Lavanyamoyee Craft
Center in Assam that runs programs to assist women in becoming
more self-sufficient through skills-training thereby enabling
women to leave homes were dowry abuse is occurring.
The hope is that the government
and society can work together to end dowry-abuse.
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