Overview of The Dowry System in India

The dowry system in India refers to the durable goods, cash, and real or movable property that the bride’s family gives to the bridegroom, his parents, or his relatives as a condition of the marriage. It is essentially in the nature of a payment in cash or some kind of gifts given to the bridegroom’s family along with the bride and includes cash, jewellery, electrical appliances, furniture, bedding, crockery, utensils and other household items that help the newlyweds set up their home. Dowry is referred to as Jahez in Arabic (derived from Islamic jahez-e-fatimi). In far eastern parts of India, dowry is called Aaunnpot.

The dowry system is thought to put great financial burden on the bride’s family. In some cases, the dowry system leads to crime against women, ranging from emotional abuse and injury to even deaths. The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act, 1961 and subsequently by Sections 304B and 498A of the Indian Penal Code. A court judgement clarifies the legal definition of dowry as “Dowry” in the sense of the expression contemplated by Dowry Prohibition Act is a demand for property of valuable security having an inextricable nexus with the marriage, i.e., it is a consideration from the side of the bride’s parents or relatives to the groom or his parents and/or guardian for the agreement to wed the bride-to-be.

The Dowry Prohibition Act, 1961 article 3 specifies that the penalty for giving or taking dowry does not apply to presents which are given at the time of a marriage to the bride or bridegroom, when no demand for them have been made. Although Indian laws against dowries have been in effect for decades, they have been largely criticised as being ineffective. The practice of dowry deaths and murders continues to take place unchecked in many parts of India and this has further added to the concerns of enforcement.

Section 498A of the Indian Penal Code required the bridegroom and his family to be automatically arrested if a wife complains of dowry harassment. The law was widely abused and in 2014, the Supreme Court ruled that arrests can only be made with a magistrate’s approval. The history of dowry in South Asia is not clear. Some scholars believe dowry was practiced in antiquity, but some do not. Historical eyewitness reports, as discussed below, suggest dowry in ancient India was insignificant, and daughters had inheritance rights, which by custom were exercised at the time of their marriage. Documentary evidence suggests that at the beginning of 20th century bride price, rather than dowry was the common custom, which often resulted in very poor boys remaining unmarried.

Stanley J.Tambiah claims the ancient Code of Manu sanctioned dowry and bridewealth in ancient India, but dowry was the more prestigious form and associated with the Brahmanic (priestly) caste. Bridewealth was restricted to the lower castes, who were not allowed to give dowry. He cites two studies from the early 20th century with data to suggest that this pattern of dowry in upper castes and bridewealth in lower castes has persisted through the first half of the 20th century. However, it is more likely that marriages involved both reciprocal gifts between the two families, claims Tambiah, so that insofar as the groom’s family gives the bridewealth, it tends to be given back as the culturally validated dowry to the bride as part of her conjugal estate.

Michael Witzel, in contrast, claims the ancient Indian literature suggests dowry practices were not significant during the Vedic period. Witzel also notes that women in ancient India had property inheritance rights either by appointment or when they had no brothers. The findings of MacDonell and Keith are similar to Witzel, and differ from Tambiah; they cite ancient Indian literature suggesting bridewealth was paid even in brahma- and daiva-types of marriage.