Journal of Law, Policy and Globalization www.iiste.
org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.35, 2015
The Menace of Dowry Related Problems in Kerala- A Study of
Paravoor Municipality in Ernakulum district
Dr.Haseena V.A
Assistant Professor, Post Graduate Department of Economics,M.E.S Asmabi College, P.Vemaballur,
Kodungallur,Kerala
Email:economicsasmabi@gmail.com
Dr.Ajims P.Mohammed
Principal,MES Asmabi College, P.Vemaballur, Kodungallur, Kerala
Abstract
Dowry refers to “the property, money, ornaments or any other form of wealth which a man or his family receives
from his wife or her family at the time of marriage .Dowry is both a practice and a problem with Indian marriage
(Haveripeth, 2013)”. The practice of giving dowry was meant to assist a newly-wed couple to start their life
together with ease; however, now it has become a commercial transaction in which monetary considerations
receive priority over the personal merits of the bride. It is important to note that principle 4 of the Cairo
Manifesto 1994 states, “the advancement of gender equality and equity, the empowerment of women, the
elimination of all kinds of violence against women and the promotion of women’s control over their own fertility
are the corner stones of human development. The human rights of women and girl child are inalienable, integral
and indivisible part of universal human rights. The full and equal partnership of women in civil, cultural,
economic, political and social life at the national, regional and international levels and the eradication of all
forms of discrimination on grounds of sex are priority objectives of the international community “.From womb
to tomb women are made to pay heavily for their womanhood, though protection of womanhood is a condition
precedent for a just world order.
Keywords: Dowry, Empowerment of women, advancement of gender equality.
Introduction
Dowry (dahej) is one of the most ancient practices of India. The dowry system is a social evil, prevalent in all
parts of India and almost in all the countries of the world. In India many of the traditional customs have been
given up, but the custom of dowry has not only continued, but flourished over the years. The attitude of society
towards the prevalence of dowry custom is neither uniform nor consistent. Theoretically a majority among the
educated in the society disfavors it, but in actual practice, it upholds the custom under the fold of certain social
and cultural justification. Today dowry has become a widespread evil and it has now assumed menacing
proportions.
Definition of Domestic Relationship
• It can be seen as a relationship between two persons who live or who, at any point of time, have lived together
in a shared household. These people may be related by blood, marriage or through a relationship like marriage,
adoption or family members living together as a joint family. Apart from wives and partners, women who are
sisters, widows, mothers and single women are also entitled to legal protection under this Act.
Definition of forms of violence:
• Physical abuse means bodily pain or harm, or danger to life or impairment of the health and development of a
woman.
• Sexual abuse means any sexual conduct that humiliates, degrades or violates the dignity of a woman.
• Emotional or verbal abuse includes insults, ridicule and humiliation related to not having a male child. This
form of abuse also refers to repeated threats about causing physical pain to someone the woman is close to or
interested in.
• Economic abuse signifies depriving the woman of economic or financial resources including household
necessities, stridhan, property and rent payments in a shared household. It also includes prohibition and
restriction to continued access to resource and facilities.
The Concept of Dowry
In an ordinary sense, dowry refers to money, gifts, good or estate that wife brings to her husband in marriage.
The practice of using a dowry, also known as trousseau, is a custom that has been around for centuries and was
most commonly practiced in Europe, Asia, and Africa. Modern times have seen this practice fall by the wayside
because of abuse suffered by women as a result of misuse of the practice. According to S.J Tambiah dowry is the
141
Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.35, 2015
property given to the daughter to take with her into marriage. Technically it is her property and in her own
control though the husband usually has rights of management. Another definition to dowry is the property a
woman brings to the marriage partnership. In this meaning, dowry can be the dowry a bride receives from her
parents, property she previously inherited and brings to the marriage, or property she owns as a widow and
brings when she remarries (Nazzari, 1991).The Dowry Prohibition Act, 1961 define 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 parents of either party to a marriage or by any other person, to either
party to the marriage or to any other person; at or before or any time after the marriage in connection with the
marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal
Law (Shariat) applies.
Women: Victims of Violence
In the chequered history of mankind one finds that different and disparate cultures, however distant they may
be in time and space have at least one thing in common and that is the contempt of women. However, the
Gandhian era and the decades after independence have seen tremendous changes in the status and the position
of the women in the Indian society. The constitution of India has laid down as a fundamental right- the equality
of the sexes. But the change from a position of utter degradation of women in the nineteenth century to a
position of equality in the middle of the twentieth century is not a simple case of the progress of men in the
modern era. The position of women in the Indian society has been a very complicated one. In fact, it could not
be an exaggeration to say that the recent changes in the status of women in India is not a sign of progress but it
is really a recapturing of the position that they held in the early Vedic period.
Women, victims of violence and exploitation by patriarchal forms of religious, social, political,
economic and cultural devolutions, today are being organized by themselves to protect their rights and preserve
their survival and sustenance. They face specific forms of violence – rape and other forms of sexual abuse,
female foeticides, dowry deaths, wife - beating, wife burning and so on. Such violence and the continued sense
of insecurity keep them bound to their home, economically exploited and socially suppressed. In the ongoing
struggles against violence on women in family, society and State, we recognize that State is one of the main
sources of violence and stands behind the violence committed by men against women in family, the workplace
and the neighborhood.
The issue of violence against women has been the most pervasive theme of all feminist, democratic
and rights based movements in India. In the 1970s it was the horrifying and escalating numbers of dowry deaths.
In the 1980s the problem of rape and sexual assault burst out of the shadows to stand as the symbol of women as
a broken idol. In recent years it is the female infanticide and the violence against females through bio-medical
practice such as amniocentesis have emerged as the new threat to gender justice .
Dowry: Why Given?
Any attempt to abolish dowry by merely putting an Anti-Dowry Act on the statute book, without tracing the
causal roots and social relationships that underlie these transactions, is bound to be an exercise in futility on the
part of legislators. After going through the social anthropological accounts of dowry practices of Tambiah (1972)
a legal sociologist will doubt the suitability of the existing structural framework of the Dowry Prohibition Act to
the empirical situation. Most of the work of social anthropologists in this regard are rural studies; urban dowry
practices have not been studied at all.3 Impressionistic remarks including sweeping generalisations have
normally been made out of anger and without any serious thinking. It is widely believed, for example, that dowry
is given to buy the happiness of the daughter by giving a bribe to the groom who accepts it shamelessly. Legal
academicians have shown absolutely no interest in identifying the causal roots of dowry as practised in
contemporary India.
Major objectives of the study
1. Examine the major justification for demanding Dowry
2. Point out the consequences faced by the women if they fail to give Dowry
3. To figure out the suggestion to prevent Dowry
142
Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.35, 2015
Table-1
Social responses towards marriages, where dowry is not paid
Young
Men Young Women Parents
Sub questions
Don’t Don’t Don’t
Yes No Yes No Yes No
know know know
Society will appreciate 80.5 12.5 7.00 67.6 20.6 11.8 67.8 22.2 10.0
Society will not appreciate 25.8 57.6 16.6 25.6 36.5 37.9 38.6 43.4 18
If not dowry, there will be a
60.5 20.7 18.7 66.6 18.8 14.6 70.9 10.1 19
alternate arrangement.
Groom has ill fame. 50.5 32.4 17.1 60.6 20.8 18.6 65.8 16.2 18
Diminishing social status 30.5 57.6 11.9 40.5 44.6 14.9 46.7 30.3 23
Society will remind about the
45.5 32.6 21.9 56.6 26.8 16.6 59.8 18.2 22
lost opportunity.
Groom/family have some
50.5 41.6 7.9 55.8 27.6 16.6 58.6 21.4 20
defect
Surprisingly a brutal majority of women opined that the dowry went to the groom’s family and that they
have no complaints about it . rather their minority suggested that the ‘dowry’ given by their parents
belonged to both the bride and bridegroom. Further, it was revealed that almost the entire women folk
believes that their male partners enjoyed the right to penalize them even to the extent of physical torture the
may lead to homicide.Astonishingly, majority of the women hold the view that the male partners have full
sexual monopoly over their sexual life. They also believed their body was the property of their husbands
and that they (husbands) can do whatever they wish to do with their (wives) body.
143
Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.35, 2015
Table-2
Consequences a bride may face in case of non-payment of dowry
Young
Men Young Women Parents
Sub questions
Don’t Don’t Don’t
Yes No Yes No Yes No
know know know
Divorce 65.7 25.8 8.5 78.6 10.8 10.6 74.8 11.8 13.4
Desertion till demands are
met. 66.5 20.8 12.7 90.6 5.8 3.6 80.6 9.8 9.6
Physical torture 74.8 20.4 4.8 87.6 5.6 6.8 90.5 8.5 1.0
Murder 60.6 26.8 12.6 76.8 10.8 12.4 70.8 10.8 18.4
Overloading of house-hold
64.6 26.8 8.6 86.7 7.3 6.0 88..8 8.9 2.2
work.
Ill treatment in private &
public. 68.6 22.5 8.9 88.6 7.8 3.6 80.8 8.4 10.8
Threat of desertion and
76.8 18.5 4.7 89.7 6.9 3.4 82.8 8.4 8.8
divorce.
Looses groom’s love and
affection; of the grooms
family. 69.6 20.8 9.6 82.2 6.8 11 79.8 7.5 12.7
Intentional neglect 76.8 20.7 2.5 89.6 6.8 3.6 78.8 6.8 14.4
No right to express opinions. 76.8 20.6 2.6 83.5 6.9 9.6 90.8 7.4 1.8
Loosing of status among
76.8 18.6 4.6 89.8 4.8 5.4 86.8 6.6 6.6
contemporaries in the family.
Desertion 60.6 24.6 14.8 78.6 9.3 12.1 76.8 11.9 11.3
The dowry is deeply rooted in the society and has become in bedded in the social and cultural ethos of Kerala
population. The first apprehension and the strangest argument in favour of dowry is that their daughter will
remain at home for ever and that no man will come forward to marry their daughter without dowry. Therefore, in
normal circumstances, a responsible parent, not with standing their views on dowry, will be compelled to pay
dowry in order to fulfill their responsibility towards their daughter. The daughter herself will blame her parents
for not paying dowry for her marriage. Hence dowry has become a symbol of parent’s concern and affection
towards their daughter.
At the same time, the same parents who are compelled to pay off dowry for reasons stated above, also demand
dowry when their son marries a girl. They do not use their moral influence in their son to do away with dowry.
The justification they pose forward is that dowry gives financial security to their son’s life. It means in other
words, “the more wealth you have, the more enjoyment of life you expect”. Enjoyment of life is always linked
with material affluence. Values have been replaced by prices. Women became objects of enjoyment. Kerala,
being a highly consumerist society, interpersonal relationship became redundant and consequently dowry system
became legitimized among all sections of society.
144
Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.35, 2015
Table.3
Respondent’s suggestion to prevent dowry system
Young
Men Young Women Parents
Sub questions
Don’t Don’t Don’t
Yes No Yes No Yes No
know know know
Stop saving for future
generation 26.7 50.9 22.4 27.8 50.5 21.7 24.5 56.3 19.2
Promote a culture in young
89.8 4.8 5.4 88.3 4.06 8.1 86.6 4.7 8.7
person dowry is not relevant.
Promote the existing legislation
70.9 15.6 13.5 68.6 8.4 23 78.9 7.8 13.3
of equality in succession.
Women
empowerment 73.4 10.7 15.9 89.7 4.8 5.5 89.6 8.7 1.7
Modify existing culture – gold
–
educational among parents or 76.8 11.8 11.4 89.8 7.8 2.4 86.8 5.1 8.1
couples.
Educate public on dowry laws 88.9 7.5 3.6 87.6 3.2 9.2 87.9 5.9 6.2
Strict implementation existing
83.7 7.8 8.5 89.7 4.8 5.5 82.9 5.3 11.8
laws
Brings social isolation of the
78.9 7.8 13.3 65.6 16.9 17.5 69.1 8.9 22
family giving/accepting dowry
Decrease wedding expense 79.9 11.8 8.3 89.7 6.04 3.9 84.9 4.8 10.3
Dowry prohibition Act, 1961 says:
• If dowry is taken before the marriage, it must be handed to the girl within three months of the date of wedding.
• If dowry is taken at the time or after the marriage, it must be given to the girl within three months of taking it.
• If dowry was taken when the girl was a minor (i.e., below the age of 18 years) then it must be given to the girl
within three months of her turning 18 years.
• If dowry is kept by a person other than the girl, then it is kept in trust by such person. This means that the
person who has the dowry is responsible for keeping it properly and giving it to the girl at the proper time. He or
she cannot sell, spend, use or give the dowry to anyone else.
• If a person does not return the dowry to the girl within the time laid by law, then she should file a complaint
against the person. Such person can be punished with imprisonment from six months to two years or a fine of Rs
5000 upto Rs 10,000 or both.
• If a girl or woman dies before receiving the dowry, then her heirs can ask for it from the person in whose trust
it is.
• It is essential to make a list of all the gifts received at the time of wedding. The list of gifts to the groom should
be kept by him. The list of gifts given to the bride should be kept with her.
• The list should be made at the time of the wedding or immediately after the wedding.
• The list should be in writing
145
Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.35, 2015
• There should be a brief description of each gift in the list.
• The approximate value of the gift should be written.
• If the giver is a relative, then the relationship to the bride or groom should be mentioned.
• The list should be signed by the bride and the groom.
• If the boy and the girl are unlettered, the list should be first read to them and their thumb impressions placed on
it.
• If the bride and groom so desire, the list can be signed by a relative or person who has attended the wedding
Law against dowry and its flaws:
Not with standing the Dowry Prohibition Act 1961, the Government did not do any thing to implement the law
or create among the people awareness of the law. One of the most important amendments to the IPC (S.498A)
which deal with cruelty and harassment for dowry, made cruelty a culpable offence, but it has been left open to
interpretation. Cruelty in this case is defined as harassment of a woman by her husband or his relative to coerce
her or her relatives into giving a dowry. It is defined as willful conduct likely to drive a woman to suicide or to
cause her grave physical or mental injury. Punishment for this extends to three years with a fine. The Indian
Evidence Act, 1872, was also amended to provide that if a woman committed suicide within a period of seven
years from the date of her marriage, and if it is shown that her husband or any relative of her husband subjected
her to cruelty, the court can presume that such suicide was abetted by her husband or by the relative.
The Act was passed in 1961 but it was a total compromise between those who were concerned with the
issue and those who felt there was nothing wrong with the giving or taking of dowry. The report of the historic
Committee on the Status of Women in India (1975) held that there were hardly any complaints or convictions
under the Act. In the early 1980s, the Joint Select Committee of the Parliament on Dowry noted that the practice
had spread to all classes, communities and castes. The women's movement was witness to a rising number of
dowry deaths during that period and subsequently launched a successful campaign in the early 1980s that
resulted in some significant amendments being made to the Dowry Act, 1961. One such amendment broadened
the definition of dowry to include that anything given in connection with a marriage and given either before, at
the time of or after marriage would be deemed to be dowry. However, customary and traditional presents could
be included in the definition of dowry only if their value was disproportionate to the financial means of the
person who gave them.
Yet another amendment, Section 3(1) related to the penalty for giving and taking dowry. According to
this, a person who gave, took or even abetted the taking or giving of dowry shall be punishable with
imprisonment for not less than five years and a fine of not less than Rs.15,000 or the amount of the value of the
dowry, whichever is more. The penalty for demanding dowry was made stringent; punishment for it extended
from a period of not less than six months, extendable to two years with a fine. Giving or taking dowry was also
made a cognisable and non-bailable offence, which meant that the police were bound to investigate all offences
relating to dowry under the Act once they got to know about it. Another amendment, Section 8A of the Dowry
Prohibition Act, held that where a person was prosecuted for taking or abetting the taking of a dowry or
demanding a dowry, the burden of proving that he had not committed the offence under those sections was on
him. Despite this, women's groups pointed out that unless the very act of taking/giving dowry was not proscribed
and prevented from occurring (in majority of the cases, complaints were either made after the relationship had
broken down or a murder had taken place), there would be little change.After the initial amendments in 1983 and
1984 (mainly due to pressures from the women's movement), in 1986, the Act was amended again, empowering
State governments to appoint Dowry Prohibition Officers, who not only had a preventive role but also had
powers to collect evidence against people who took dowry. The efficacy of such officers is a different question.
Conclusion
The practice of Dowry is a very crucial question to be answered in the present society. Much number of women
was not able to pay the huge amount of money which they are asking for the marriage. In this situation parents
are forced to search alternatives to meet their needs. After the marriage also these girls are facing severe kind of
threats from their families. Sometimes this leads to the mental depression of the girls, alienation in the family
and in society, separation from husband and ultimately the suicide. The value of a girl is very precious. That is
more than the Dowry. But in the present society nobody understands that value. Even if there are numerous laws
and policies for the Dowry, these laws would be effective if there is an understanding in the family regarding the
issues. The threats of dowry are largely eating the life of the women.
References
1. Sherin Vellara Francis(2003) “ A Study of Poverty And Shame Related Suicides In Kerala, India Faculty of
Social Science ,Oslo and Akershus University College.
2. Nithya N.R,(2013), Institutionalization of Dowry in India: Social Custom or Modern Malaise International
146
Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.35, 2015
Journal of Science and Research (IJSR), India Online ISSN: 2319-7064,Volume 2 Issue 9, September 2013.
3. JAGORI : July 2009 “The India Court of Women on Dowry and Related Forms of Violence Against
Women.
4. Chatterji, B. B et. al. : Impact of Social Legislation on Social Change, Calcutta: The 1971 Minerva
Associates.
5. Krishna Iyer, V. K. : Of Law and Life. New Delhi: Vikas,
6. Marla, S. : Bonded Labour in India, New Delhi : Biblia Implex Pvt. Ltd. 1981
7. Menon. L. : Forward to Mukherji M., Dowry Banned, Indian National 1961 Congress Jantar Manter Road,
New Delhi.
8. Anderson, S., The Economics of Dowry and Bride price.Journal of Economic Perspectives, 21:4, 151-174,
2007.
9. Anderson, S., Why Dowry Payments Declined with Modernization in Europe but Are Rising in India,
Journal of Political Economy, 111:2, 269-310, 2003.
10. Bhat, M. P. N., & Halli, S. S., Demography of brideprice and dowry: Causes and consequences of the
Indian marriage squeeze. Population Studies, 53:2,129-148, 1999.
11. Chandra, Paul, Dowry and the Position of Women in India, New Delhi: Inter-India Publications, 1986.
12. Dalmia, S. and Lawrence, P. G., The Institution of Dowry in India: Why it continues to Prevail. The
Journal of Developing Areas, 38:2, 71-93, 2005.
13. Drèze J. and Sen, A.K., India: Economic Development and Social Opportunity, New Delhi: Oxford
University Press, 1995.
14. Kodoth, G., Caste and Matchmaking in Kerala: A Rationale for Dowry. Development and Change, 39:2,
263-283, 2008.
15. Haveripeth, P.D.(2013), “Causes and consequences of dowry menace in India – a Criminological
perspective”, RIJS Vol.2(2) .
16. Nazzari, M., Disappearance of the Dowry. Women, Families and Social Change in Sao Paulo (1600 -
1900).Stanford University Press, 1991.
17. Paras, Diwas, Dowry and Protection to Married Women, New Delhi: Deep and Deep Publications Pvt. Ltd.,
1989.
18. Prabhakar, Vani, Gender Violence Women victims in Man’s World, New Delhi: Wisdom Press, 2012.
19. Tambiah, S. J., Dowry and Bride wealth and the Property Rights of Women in South Asia. In Jack, G. and
Stanley, J. T. (Eds.) Bride wealth and Dowry, Cambridge University Press, 1973.Pandya, Rameshwari,
Women in Changing India, NeW Delhi, Serials Publications, 2008.
20. Sharma, Domestic Violence and Women, Jaipur,, Mangal Deep Publications, 1997.
21. Udai, Veer, Crime against Women. New Delhi: Anmol Publications Pvt. Ltd. Print, 2004.
22. Centre for Women Development Studies, Crimes against Women: Bondage and Beyond, New Delhi:CWDS,
2002.
23. Devika, J., Praveena Kodoth. ‘Sexual Violence and Predicament of Feminist Politics in Kerala’, Economi
and Political Weekly, 18 August 2001.
24. Panda, Pradeep, Kumar, ‘Domestic Violence against Women in Kerala’, Discussion Paper No. 86, Centre
for Development Studies, 2004.
25. A Project undertaken in the State of Kerala by Jananeethi(2004), with The Federal Grant of American
Centre, New Delhi.
26. Cairo Manifesto 1994.
147
The IISTE is a pioneer in the Open-Access hosting service and academic event management.
The aim of the firm is Accelerating Global Knowledge Sharing.
More information about the firm can be found on the homepage:
http://www.iiste.org
CALL FOR JOURNAL PAPERS
There are more than 30 peer-reviewed academic journals hosted under the hosting platform.
Prospective authors of journals can find the submission instruction on the following
page: http://www.iiste.org/journals/ All the journals articles are available online to the
readers all over the world without financial, legal, or technical barriers other than those
inseparable from gaining access to the internet itself. Paper version of the journals is also
available upon request of readers and authors.
MORE RESOURCES
Book publication information: http://www.iiste.org/book/
Academic conference: http://www.iiste.org/conference/upcoming-conferences-call-for-paper/
IISTE Knowledge Sharing Partners
EBSCO, Index Copernicus, Ulrich's Periodicals Directory, JournalTOCS, PKP Open
Archives Harvester, Bielefeld Academic Search Engine, Elektronische Zeitschriftenbibliothek
EZB, Open J-Gate, OCLC WorldCat, Universe Digtial Library , NewJour, Google Scholar
