Topic > Overview of Dowry System in India

The dowry system in India refers to the durable goods, cash and immovable or movable property that the bride's family gives to the groom, his parents or his relatives as condition for marriage. It is essentially in the nature of a cash payment or some kind of gift given to the groom's family along with the bride and includes cash, jewelry, appliances, furniture, bedding, crockery, utensils and other household items that help the bride and groom to settle down . their home. The dowry is called Jahez in Arabic (derived from the Islamic jahez-e-fatimi). In the far east of India, the dowry is called Aaunnpot. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay The dowry system is believed to impose a large financial burden on the bride's family. In some cases, the dowry system leads to crimes against women, ranging from emotional abuse and injury to death. Dowry payment has long been prohibited by specific Indian laws including the Dowry Prohibition Act, 1961 and later by Sections 304B and 498A of the Indian Penal Code. A court ruling clarifies the legal definition of dowry as “Dowry” in the sense of the expression contemplated by the Dowry Prohibition Act: it is a demand for valuable property, a security having an inextricable connection with marriage, i.e., it is a consideration from the side of the bride's parents or the groom's relatives or his parents and/or guardian for the agreement to marry the future bride. Article 3 of the Dowry Prohibition Act of 1961 specifies that the penalty for giving or taking dowry does not apply to gifts which are given to the bride or groom at the time of marriage, when no request has been made in this regard. Although India's anti-dowry laws have been in place for decades, they have been widely criticized as ineffective. The practice of dowry deaths and murders continues to occur unchecked in many parts of India and this has further increased law enforcement concerns. Section 498A of the Indian Penal Code provided that the groom and his family would be automatically arrested if a wife complains of dowry harassment. The law has been widely abused and in 2014 the Supreme Court ruled that arrests can only be made with the approval of a magistrate. The history of dowry in South Asia is unclear. Some scholars believe that dowry was practiced in ancient times, but others do not. Historical eyewitness accounts, as discussed below, suggest that dowry in ancient India was insignificant and that daughters had inheritance rights, which by custom were exercised upon their marriage. Documentary evidence suggests that in the early 20th century bride price, rather than dowry, was a common custom, often resulting in very poor boys remaining unmarried. Stanley J. Tambiah argues that the ancient Code of Manu sanctioned dowry and bridewealth in ancient India, but dowry was the most prestigious form and associated with the Brahmanical (priestly) caste. Bridewealth was limited to the lower castes, who were not allowed to give dowry. He cites two early 20th century studies with data suggesting that this pattern of dowry in the upper castes and bridewealth in the lower castes persisted throughout the first half of the 20th century. However, it is more likely that marriages both involved mutual gifts between the two families, Tambiah argues, so that to the extent that the groom's family donates bridewealth, this tends to be returned as a culturally validated dowry to the bride as part.