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 inArabic (derived from Islamic jahez-e-fatimi).In far eastern parts of India, dowry is called AaunA court judgement clarifies the legal definition of dowry asThe 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, 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 theIndian Penal Code.

“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. 

Advantages of Dowry System in India

Though the practice of dowry is publicly condemned, legally banned and morally despised of in practice it still persists as some of the supporters of this system argue that this practice has its advantages. Some of the arguments in favour of dowry by the supporters of this system are discussed here under.

1. Dowry helps newly married couple to establish their family:

The advocates of the practice of dowry say that the dowry, money, utensils and other house hold articles that a bride brings at the time of marriage help the newly married couple to establish their new home and also enables them to furnish their home with necessary accessories.

Disadvantages of Dowry System in India

In modern times this custom has taken magnified proportion and has emerged as contemptible social evil because this system has more disadvantages than advantages. Practice of dowry which assumed the form of an institution over the years has caused lots of hardship to large number of people in the Indian society. It reduces the sacred institution of marriage to business transaction. It has degraded a young maiden to the level of a saleable commodity. Dowry has virtually become a menace in the Indian society. Its practice leads to various evil consequences among which the following may be noted.

1. Dowry causes great economic burden on bride’s family:

Dowry has become a great economic burden to the middle and lower class families. These people live hand to mouth. They rarely save money. They spend their resources to meet their necessary want, for children’s education and in meeting various social obligations.