Dowry in 21st-Century India

Abstract

The World Health Organization (2009) implicates deep-rooted cultural and social norms as influential contributing factors toward physical and intimate partner violence against women. The dowry system is a social practice that perpetuates the oppression, torture, and murder of women in India. The practice of dowry is an expected part of marriage in cultures where arranged marriages are the norm. Violence can occur when the dowry or bride-price is deemed unsatisfactory by the recipient. In India, in spite of laws prohibiting the practice, not much has changed over the last 30 years. The National Crime Records Bureau of India, recorded a total of 8,618 female deaths related to dowry disputes in 2011, and the Asian Women’s Human Rights Council (2009) estimates that the practice of dowry is implicated in 25,000 deaths and maiming of women between the ages of 15–34 in India every year. The current review of literature reveals that despite efforts on the part of the Indian government, social activists and feminists organizations in India, not much has changed over the past decade, in fact, the problem has increased, resulting in an unprecedented amount of mortality and morbidity among women in India.

Keywords

domestic violence homicide cultural contexts

Introduction

India’s Dowry Prohibition Act of 1961 defines a “dowry” as “any property or valuable security given or agreed to be given directly or indirectly by one party to a marriage to the other party, or by the parents of either party to a marriage” (Ministry of Women and Child Development, 1961, p. 5). Dowry as a cultural practice is an integral part of marriage in India, where arranged marriages are the norm. The World Health Organization (WHO) implicates deep-rooted cultural norms as influential contributing factors in physical and intimate partner violence against women. In India, brides are victimized when the dowry or bride price is deemed unsatisfactory by the groom and his family. The National Crime Records Bureau (NCRB, 2011a, 2011b) Report of India, recorded a total of 8,618 female homicides related to dowry disputes in 2011, and 3,239 suicides by women due to dowry issues—a 2.7% and 4.7% increase, respectively, from the previous year. The NCRB also reported a 27% increase in arrests under the Dowry Prohibition Act in 2011 from 2010 and an alarming 59% increase in total crimes against women in India over the past decade. In 2011, 99,135 Indian women officially reported cruel treatment by their husbands and relatives, according to the NCRB. While the official numbers reported by the NCRB are in fact high, the Asian Women’s Human Rights Council estimates even higher numbers—25,000 deaths including suicides and homicides and maiming (disfigurement as a result of torture) of women between the ages of 15 and 34 years in India every year (Forum for Women’s Rights, 2009). Dowry-related incidents tend to be consistently underreported for a variety of reasons including improper classification—for example, a case of burning may get reported as an accident versus the more sinister, punishable “dowry-accident”(Kumar & Kanth, 2004).

The dowry system is a cultural practice that perpetuates the oppression, torture, and murder of women (Adegoke & Oladegi, 2008; Rastogi & Therly, 2006; Vallabhaneni, 1998). In spite of laws prohibiting the practice, little changed in India in the last three decades and violence against women in the name of dowry seems to be on the increase.

In an address at the Inter-Agency Videoconference for a World Free of Violence Against Women, United Nations (UN) Secretary-General Kofi Annan (1999) described acts of violence against women as, “the most shameful” of human rights violations. Violence against women has many manifestations and the WHO has categorized it into behaviorally defined sections that include physical violence and intimate partner violence. Violence has long- and short-term effects on the physical and mental health of women which not only includes physical injury but an increased risk of depression, posttraumatic stress disorder, sleep difficulties, eating disorders, and emotional distress (Ellsberg, Jansen, Heise, Watts, & Garcia-Morena, 2008; The WHO, 2010, The WHO Media Center, 2009). Globally, women have less control over their lives and there is a positive correlation between the frequency of exposure to domestic violence, gender discrimination, and severity of mental and physical illness. Women in India seem to have to bear the additional burden of being victimized due to a deep-rooted cultural practice.

Purpose of the Study and Method

The purpose of the review was to examine the body of literature on the subject of dowry in India to describe the practice, both past and present, to examine its public health consequences and explore the reasons for the lack of change in the Indian culture regarding the dowry system. Anthropological, legal, and social literature primarily on the Indian dowry system and domestic violence in India was reviewed, tracing the trends regarding the practice over a period of 51 years (1961–2012). Research articles and commentaries through searches in a variety of databases such as MEDLINE, EBSCO, Academic Search Premier, JSTOR, ELSEVIER, and databases maintained by the WHO, UN, United Nations Children’s Fund (UNICEF), and other international organizations were obtained. Search terms included, dowry in India, dowry violence, intimate partner violence in India, violence against women in India, modern dowry, mental health in India, and dowry. The search was narrowed to 71 peer-reviewed articles and books. Criteria for inclusion into the review of literature included articles about (1) the historical significance of dowry, (2) evolution of the practice, (3) public health consequences of cultural practices such as the dowry system that result in intimate partner violence, and (4) legal trends and resulting education and prevention efforts. Sixty-four of the 71 articles and books were synthesized into a review of literature. Articles that did not fit the four thematic criteria stated above were excluded from the review. The seven articles were excluded because they did not directly address the issue but focused on a topic other than dowry, for example, a study about rates of suicide due to hereditary mental illness in women was excluded. The articles and books reviewed included classical or seminal work as well as the most current in relevant research. Majority (59%) of the research and commentaries on the topic of dowry or domestic violence in India used in this review were published between 2000 and 2012.

What Is a Dowry?

Rastogi and Therly (2006) state that dowry is the “wealth” or property a bride brings with her into the marriage in the form of cash, jewelry, household goods, and so on. The practice of dowry in India is an ancient custom, dating back centuries and is rooted in Hindu mythology and religion (Teays, 1991). Historically, Indian women were not permitted to own immovable property such as land or buildings and therefore, Tambiah (1973) explains that a dowry of movable property formed part of a woman’s conjugal estate, to be shared with her husband and inherited by her daughters.

History of the Dowry System in India

The history of the dowry system is complex and is rooted in Indian mythology and religion. Its origins can be traced back to an ancient Hindu text, estimated to have been written in 1500 BC titled, Manusmriti or the Laws of Manu which outlines Dharmashastra or “laws of behavior for all social classes.” The practice of “gifting” or donating a bejeweled and expensively clothed daughter to a man in marriage is considered the highest type of donation and exalts the social and religious position of the father of the bride. In return for this very valuable, prestigious gift (a daughter and all her accouterments), the father of the bride received a cow and a bull from the groom (Buhler, 1964). This “law” represents the very highest standard of excellent behavior to all Hindus (Tambiah, 1973). Teays (1991) has described four arguments supporting the tradition of dowry claiming that the offering of dowry by a wealthy father can propel his daughter into a higher social caste or class (hypergamy), a woman with “insufficient natural abilities and talents” (p. 32) and a sizable dowry may be able to find a mate, receipt of a dowry could help an impoverished family, and finally, dowry may provide the opportunity for a legitimate transfer of wealth from father to daughter and mother to daughter, in a culture where it is difficult for women to own immovable property. Others support dowry as a practice that provides a mechanism for investment, inheritance, an equalizing force between genders and social classes (Shenk, 2007). However, dowry as a mechanism of extortion and exploitation is a modern phenomenon, the reason for its transition from a useful practice to an exploitative system in modern India is largely unclear. Ancient Hindu tradition protects the “birth monopoly” of women (only women can give birth) against killing of brides, therefore destroying a woman in her childbearing years was most likely viewed as a heinous violation of universal order in ancient India (Menski, 1998). Indologists and other scholars have provided evidence through their reading and interpretation of ancient Indian scripture and history that there were several different forms of dowry voluntarily transacted between families, and it is evident that there was no punishment or torture exacted upon either brides or their families associated with dowries (Tripathi, 1995; Witzel, 1995). In fact, Tripathi (1995) points to scriptural text which describes the best or highest (Brahma) “form” of Hindu marriage where the act of marriage to a woman is for her own sake than for any other reason. The evolution or, more appropriately, degradation of this system, is what Srinivas (1984) calls the “new dowry.”

Dowry in Modern India

Marriages are universal in India and are primarily arranged by families, friends, or close relatives of the bride and groom. According to Teays (1991), the practice of negotiating dowry at the time of marriage in modern India is a problem that has continued for centuries and is on the increase. While traditional dowry might have consisted of clothing, jewelry, and so on in the 20th century, particularly among communities in Northern India, ostentatious displays of large cash gifts or consumer items were valued and expected during the marriage negotiation (Caplan, 1984; Shenk, 2007; Srinivasan & Lee, 2004). The ostentation and the size of the dowry is designed to maintain or further the societal status of families (Menski, 1998). The practice seems to have transitioned into a “groom price”—a demand for “purchasing” the best groom available. For instance, in northern India, according to Srinivas (1984), educated grooms command impressive dowries. Anderson (2007) states that between the years 1960 and 1995, dowry demands in northern and southern communities of India ranged between 6 and 8 times the annual income of an average male. Rao (2000) pointed to a 15% increase in the amount of dowry between 1921 and 1984 in India.

Dowry as a Public Health Problem in India

Discrimination Against the Female Child

Social activists, sociologists, and cultural anthropologists have pointed to the system of dowry as a cause for serious concern for women in India that begins with discrimination against the female child in the form of infanticide and sex-selection abortions (Arnold, Choe, & Roy, 1998; DasGupta & Bhat, 1997; Miller, 2001; Sekhar & Hatti, n.d.). In the context of dowry and son-preference, female children are considered an economic liability and are subjected to differential treatment in terms of educational opportunities and in general, a reduced share of family resources including those involving basic food and shelter (Arnold, 1992). Female births are also not recorded as frequently or readily as male births (Bandopadhyay, 2003), and female children are kept from getting immunizations (Singh, 2012), treatment for childhood illness (Amin & Khondoker, 2004), and proper nutrition in favor of the male child or siblings (Pande & Malhotra, 2006; Sinha, 2009). Female infants are also at greater risk of being killed if they have living older sisters (Arnold et al., 1998). Other studies calculate the proportion of female fetuses aborted to be approximately 970 per 1,000 or 97% (Pandya, 1988). As a result, India’s sex ratio has experienced a steady decline from 927 females for every 1,000 males in 1991 to 882 females per 1,000 males in 2002–2004 (Srinivas & Bedi, 2008; UNICEF, n.d.).

Dowry-Related Homicides in India

Dowry is associated with violence against brides by husbands and other members of her husband’s family either as punishment for not providing a sufficient dowry at the time of marriage or failing to meet continued demands for a dowry after the marriage (Diamond-Smith, Luke, & McGarvey, 2008). Violence toward a bride perpetuated under such circumstances, which results in her death is called a “dowry death” or “dowry murder” (Mukerjee, 1995; Rudd, 2001). A suicide committed by a bride mentally and/or physically harassed by dowry demands is also classified under the dowry death term. In 2001, there were 106,000 burn-related deaths in 2001, most of which occurred in women between the ages of 15 and 34 (Sanghavi, Bhalla, & Das, 2009). Mortality estimates from the 2005 Global Burden of Disease Study state that burn-related deaths are common among women in Southeast Asia. Kumar and Kanth (2003) cite the homicidal burning of married women as constituting a large proportion of dowry deaths.

Dowry-Related Mental Health Problems in Women in India

The WHO (2010) reports that unipolar depression, which is predicted to become the second leading cause of the global disability burden by 2020, is twice as common in women, more specifically, depressive disorders account for approximately 42% of neuropsychiatric disability among women compared to only 23% in men. Similar data were obtained from studies in Southeast Asia and in particular, India. In a population-based study of 5,703 married rural women in India, common mental disorders were observed in 26% of women who reported that their husbands were “unsatisfied” with their dowry at the time of their marriage (Shidhaye & Patel, 2010). Kumar, Jeyasheelan, Suresh, and Ahuja (2005) conducted a study on the mental health of victims of domestic violence as offshoot of IndiaSAFE a multicenter study on domestic violence in India. The findings of the study were consisted with the previously well-documented connection between battered women and poor mental health. Of the 9,938 women surveyed in India, the odds of suffering depressive disorders and other mental health problems was greater in women who had been exposed to violence in their childhood, alcoholism, poverty, education, and dowry. In fact, dowry-related violence or harassment is an added dimension of the factors that lead to poor mental health and is a problem unique to India (Kumar, Jeyasheelan, Suresh, & Ahuja, 2005).

Research points to a direct relationship between the practice of dowry and the harassment, maltreatment, poor mental health, and homicides of women in India. When dowry demands made by the groom’s family are considered unsatisfactory, the brides’ journey into a world of daily humiliation, harassment, and verbal and/or physical abuse begins, often ending in murder or suicide.

“Bride burning” or murdering women by setting them on fire is the most common method as it can be concealed easily as an accidental death occurring by the explosion of cooking stoves, and so on (Natarajan, 1995).

Drowning is the next most common method of homicide—pushing women into wells. Such acts can also be concealed as accidents (Natarajan, 1995).

Poisoning is the third most common method—the use of insecticide (Mohanty, Panigrahi, Mohanty, & Das, 2004).

Suicides by self-immolation, drowning, and poisoning are also considered “dowry deaths” (Kumar, 2003; Kumar & Kanth, 2004).

The practice of dowry is also related to female infanticide, sex-selection abortions, and neglect of the female child (Miller, 1981, 2001).

Laws in India Related to the Practice of Dowry

The first national law was The Dowry Prohibition Act of 1961. The Act made any dowry negotiation illegal and punishable by imprisonment and fines. However, a loophole remained—families could provide “gifts” to the bride at the time of marriage, that were not “excessive” (loosely defined) in financial value. A record of the gifts had to be maintained and the gifts were to be held in trust for the bride (Basu, 2001; Diwan & Diwan, 1995; Shenk, 2007).

The Dowry Prohibition Amendment Act of 1984 helped narrow the loopholes in the Dowry Prohibition Act and increased the punishment associated with dowry negotiations. An amendment to this act added the concept of “dowry death” by defining it, by making it an offense under the Indian Penal Code and resting the burden of proof squarely on those accused (Shenk, 2007). In addition, a woman’s death occurring within the first 7 years of marriage is requisitely investigated (Newman, 1992).

The Criminal Law Act of 1983 defined “cruelty” as an offense under the Indian Penal Code Section 498-A. The husband or relatives of a woman harassed or subjected to cruel acts related to demands of property is considered a punishable offence (Newman, 1992).

The Protection of Women from Domestic Violence Act, 2005. The law is comprehensive, including all forms of violence against women, including those related to dowry. In July 2009, the Bombay High Court determined that the provisions of the new law would apply retroactively (Ghosh & Choudhuri, 2011).

Why Does the Problem Persist?

Although the Dowry Prohibition Act of 1961 was, according to Mukerjee (1995), a formidable weapon against the practice of dowry and did much to educate the general public, the practice continues, unchecked, and barely disguised, for the following reasons:

The existence of loopholes in the legislation—the Act of 1961 allows for “gifts” to be given to a bride at the time of marriage. Thus, the families who might demand a dowry, now simply do so by calling them “gifts” (Basu, 2001).

Marriage for Hindus is not only a social necessity but an important religious sacrament. Therefore, traditionally, an unmarried daughter is considered not only a financial and social burden but a source of damnation for her family and ancestors. Most families strive to marry off their daughters at all costs. Further, within this context, the beliefs that marriage without dowry is not possible, or matrimonial security or happiness cannot be obtained without dowry are deeply rooted (Agnihotri, 2003).

Feminist movements for the abolishment of the system of dowry tend to be limited to the more educated, progressive sections of Indian society. At best, the public’s outcry against the practice is sporadic, inconsistent, and not universal (Shenk, 2007).

Difficulty in accurately identifying and naming suspicious deaths caused by burning, drowning, or poisoning as dowry deaths.

Reluctance of neighbors or the police in getting involved in what often are considered “family matters” (Shenk, 2007). Non-convictions may also be an outcome of a corrupt or apathetic police force.

Many sections of society see the dowry system as valuable or important because it (a) provides a wealthy bride to marry into a higher social caste, (b) increases the groom’s family’s wealth and status in society, and (c) may provide a disadvantaged (less talented, plain-looking, or less educated woman) with the opportunity to marry (Srinivasan & Lee, 2004).

Dowry is seen as a way for families to display their wealth in society, the greater the ostentation, the higher the status (Harrell & Dickey, 1985, p. 18). In hierarchical societies where economic status may be valued above all else, such practices have a tendency to thrive (Harrell & Dickey, 1985; Srinivas, 1984).

Hindu customs, traditions, and religious texts describe women’s status as being lower than that of men in society and the acceptance of such beliefs is ingrained into the culture, and women are viewed as chattels.

After marriage, women are often separated from their natal relationships, find themselves isolated from their support systems, and therefore are more vulnerable to abuse. Economically dependent, socially isolated women are at more risk of dowry-related problems after marriage than other women (Samuel, 2001).

A family with both sons and daughters might demand dowries from prospective brides to help pay dowries for their own daughters at the time of their marriage.

An increasing sense of consumerism and materialism in modern India continues to fuel the demands of families who seek instant wealth through marriages (Agnihotri, 2003; Srinivas & Lee, 2004).

What Can Be Done?

The practice of dowry is pervasive and deep rooted in the culture and history of India. The perversion of the practice as a causative factor of violence against Indian women is a modern phenomenon. As Rastogi and Therly (2006) indicate, not all dowry leads to abuse and violence and that though dowry is a cultural practice, violence associated with dowry is not. Research on the subject points to a multipronged, multidisciplinary approach to tackling the problem which includes providing psychologically based, culturally sensitive, and gender-sensitive education in an outreach setting (Kumar & Kanth, 2004).

Some researchers argue that a dwindling female population (due to sex-selective abortions against the female child, female infanticide, female suicide, etc.) might create a situation where the groom’s family may have to pay a bride-price instead. Scarcity of resources, from an economic standpoint, elevates the value of the product in the face of increasing demand; abhorrent as it may be to discuss women as chattel, scarcity of the female product might be the only phenomenon that succeeds in elevating women’s status in Indian society. However, others argue that this is a simplistic perspective, particularly against the backdrop of a culture where the status of women is low. Scarcity of women could add to their burden of exploitation in new ways: rise in marriage migration, marriage squeeze (Bhat & Halli, 1999) pornography, kidnapping of girls and forced polyandry, and selling of girls to upper-class families (Miller, 2001; Samuelson, 1985).

Other studies have indicated that women in matrilineal communities where property ownership is transferred from mother to daughter, and women with at least secondary level education were less likely to be subjected to domestic violence in general (Hackett, 2011; Koenig, Stephenson, Ahmed, Jejeebhoy, & Campbell, 2006; Panda & Agarwal, 2005; Verma & Collumbien, 2003). On the other hand, studies have contradicted such findings and report that women responsible for the finances of a household (in control of the resources), experienced significantly more violence than those whose husbands had legal control over the family’s assets (Krishnan, 2005). In light of such contradictions, probably the most important approach requires a revolutionary change in the manner in which women are perceived in India. Kumar et al. (2005) state that the limited body of research describing the reasons for the exploitation of women in India seems to point consistently to a woman’s lack of power and autonomy in the household. In response to this, I propose that the Indian woman’s position in society should be elevated such that she begins to be perceived more as a productive, valuable individual, worthy of all human rights.

Diffusion of Innovation as a Theoretical Framework for Protecting the Health and Well-Being of Women in India

Roger (2003) states that when key opinion leaders in communities are persuaded to choose an “innovation”—a product, or an idea, then the community is likely to follow. In traditional communities, opinion leaders tend to be conservative, less likely to take risks, and adopt new ideas. When opinion leaders are more educated, exposed to mass media, they are more likely to adopt innovations and motivate their communities to accept change. A study about the effect of modernization on attitudes toward dowry by Srinivasan and Lee (2004) revealed a negative correlation between some aspects of modernization (education, exposure to mass media, urban vs. rural residence) and attitudes toward the dowry system. While mass media messages, in general are powerful, interpersonal contacts are more so, and especially the influence of key leaders in communities may produce social change over the course of time. Educational interventions in eradicating the practice of dowry should be constructed using the innovation–diffusion approach, the innovations being: (1) notion that the dowry system is shameful, evil, and exploitative and (2) women are inherently valuable.

Concurrently, in order for any educational intervention to truly succeed, or social change to take root, the following should be encouraged and implemented:

Receptiveness of families to educate their daughters, help them capable of becoming economically independent, leading to the destruction of the traditional, cultural sense of learned helplessness (Rastogi & Therly, 2006).

Tougher legislation to tackle cases of dowry. A more consistent “follow-through” on arrests, convictions and punishments of perpetrators, regardless of their socioeconomic status.

Bystander legislation—such that if neighbors or community members fail to report maltreatment to the authorities, they could be arrested and charged as coconspirators to a dowry-related crime.

Consistent, large-scale national public health campaigns, spanning several years, “marketing” a bride as inherently valuable (Tripathi, 1995).

Social acceptance of choice-based marriage over arranged marriage or intercaste marriages. Social acceptance of divorces and legislative changes to expedite divorces.

Accurate reporting of data. National, official figures of deaths or torture of women tend to be lower than those reported by local grassroots organizations (Kumar & Kanth 2004).

Discussion and Conclusion

The purpose of the review of literature was to scour the published research in order to explore the current trends of the practice of dowry in modern India. As such, four thematic criteria guided the review: tracing, at first, the history and evolution of the practice, describing its public health consequences, and the resulting changes in the legal and educational system. The current review of literature pointed to three broad trends in the last two decades in India: Violence against women in India associated with dowry is on the increase, the practice of dowry itself has not abated and continues to be largely socially ignored, and finally, the secondary or powerless position of the Indian woman appears to be at the core of the problem.

It is noteworthy that of the 71 articles reviewed, very few proposed any reasonable “solutions” to the problem. The review also brought to light research with contradictory results, for example, Suran, Amin, Huq, and Chowdhury (2004) proposed that the odds of abuse reduced for every additional year of schooling; yet, after controlling for a number of variables (household wealth, husband’s education, etc.), the odds of experiencing dowry-related abuse were not affected by levels of education. Still other research has contradictory findings, for example, a group of studies concluded that women with at least secondary level education were less likely to be subjected to domestic violence in general (Hackett, 2011; Koenig et al., 2006; Panda & Agarwal, 2005; Verma & Collumbien, 2003). Other studies, for example, Teays (1991) and Rudd (2001) clearly state that solutions to the dowry-related violence problem are “not in sight” or “few solutions” to the problem of dowry violence against women are available. The review did underscore the complexity of the problem, and any continued discourse about it can only add momentum to the movement against dowry-related violence in India.

The problem of dowry in India is complicated. Social activists, Indian feminist movements and legislation have failed at making any substantial dents in the exploitation of women due to dowry; clearly, there are no easy solutions. In fact, there does not appear to be any immediate solution at all. India’s image in the 21st-century world as an emerging, formidable economic power continues to be tainted by cultural practices such as the dowry system.

Footnotes

Declaration of Conflicting Interests

The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.

Funding

The author(s) received no financial support for the research, authorship, and/or publication of this article.

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