jectRESEARCH METHODLOGY
Area: Rights of women in India
Topic: A Theoretical Perspective on Dowry Deaths in India
Objectives:
a) To understand the concept of dowry as has originated and evolved in India. b) To conceptualize modern day consequences of dowry system. c) To refer to various laws in India and find out reasons for ineffectuality. d) To analyze the trend lay down in this regard by way of various judicial decisions. e) To critically analyze the reasons for divergence between the object of law with regard to dowry death and the practice evolved by judicial precedents.
Research questions: a) What is dowry? b) How has the concept of dowry evolved in India? c) What are the various
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This is the shocking reality of the contemporary dowry marriage in India and the frightening experience faced by many young women. Each year, thousands of these young women are murdered, through what has been dubbed “bride-burnings”,[4] by husbands and in-laws seeking increased dowry demands.
While the practice of dowry is commonly perceived by the international community as one of Indian custom and culture, in its current form it is more accurately described as a social phenomenon believed to bestow a greater social status upon the recipient. Originally designed to be a gift given out of affection at the time of a daughter’s marriage, today the dowry system has turned into a perverted version of an ancient and respected custom. It has now become an obligatory transaction that places a heavy impact on a family’s financial and social status and a young wife’s welfare. In the last four decades, dowry negotiations between the families of brides and grooms have escalated into continuing demands even after the agreed-upon amount is given. Even more disquieting are the increasing numbers and the ways in which young wives are killed when their husbands and in-laws are dissatisfied with the amount of dowry given or when additional demands are not met. Frequently, as the violence and abuse escalates, if the young wife is not murdered she is driven to commit
In certain communities in South Asia, the low status of girls has to be compensated for by the payment of a dowry by the parents of the girl to the husband at the time of marriage. This has resulted in a number of dowry crimes, including mental and physical torture, starvation, rape, and even the burning alive of women by their husbands and/or in-laws in cases where dowry payments are not met.
The World Health Organization states that globally, about 38% of murders of women are committed by an intimate partner. In the Middle East and other parts of the world, planned domestic homicides, or honor killings, are carried out due to the belief of the perpetrators that the victim has brought dishonor upon the family or community. According to Human Rights Watch, honor killings are generally performed against women for "refusing to enter into an arranged marriage, being the victim of a sexual assault, seeking a divorce—even from an abusive husband—or committing adultery," or exhibiting behavior perceived to have dishonored the family. In some parts of the world, where there is a strong social expectation for a woman to be a virgin prior to marriage, a bride may be subjected to extreme violence, including an honor killing, if she is deemed not to be a virgin on her wedding night due to the absence of blood. Bride burning or dowry killing is a form of domestic violence in which a newly married woman is killed at home by her husband or husband's family due to their dissatisfaction over the dowry provided by her family. The act is often a result of demands for more or prolonged dowry after the marriage. Dowry violence is most common in South Asia, especially in India. In 2011, the National Crime Records Bureau reported 8,618 dowry
In the book, Arranged Marriage, by Chitra Divakaruni there are multiple stories that demonstrate arranged marriages from within the Indian culture. In some cases, arranged marriages work out better than others. However, in the short stories in her book, most don’t work out positively. In the short stories, “The Bats” and “The Disappearance”, the arranged marriages don’t work out. Chitra Divakaruni’s viewpoint on arranged marriages is clearly negative, due to violence, and the effect on children.
In the UN article they talk about an increased in number of dowry murders especially in south Asia. Furthermore, this same point is tackled on by MacKinnon where she says that you cannot say that women are human if they are still being burned when their dowry is not enough. Consequently, the above views all enforcing the fact that women are killed when their dowry was not enough; reinforce violation against
In Provoked and “The Disappearance” by Chitra Banerjee Divakaruni, they describe how the Indian women leave their native country and immigrate to Western countries due to the arranged marriage that they have no rights to choose. Although the Indian women try to learn and integrate into Western culture, their husbands expect them to be a traditional Indian woman who should stay home and take care of the children, certainly isolated from mainstream society. If the Indian women try to rebel or challenge their husband’s authority, they are subject to their husband’s abuse in the fact of their machismo culture. This is because men try to retain their authority in the household as well as their status in the house. Men sometimes needed to take a step back and make a concession toward women by learning to respect women’s choice. This is because everyone has a different cultural background that shapes how one behaves and acts in the society based on his or her social group. If men offer freedom to their women, they will be able to retain their authority in the household.
Bride burning, also known as dowry death occurs quite frequently in India. It is when the husband or the in-laws decide that the dowry the bride offers is not enough and demands more. If the bride refuses or is financially not able to increase her dowry, she is tortured until she either agrees or dies; otherwise she is murdered by her “family”. The husbands and the in-laws usually disguise the deaths as accidents or
In the chapter in says, “spend 500 rupees today and save 500,000 rupees later” (p. 174). The reason most people in India do not want a female child is because of the dowry system. I understand that it is a part of their culture, but if everybody wants to benefit from the dowry and nobody want to pay it, then what is the point of having a dowry system? Females are not the problem; the problem is that dowry payments are too high. The dowry system should be abolished or there should be a fixed amount that the bride’s family has to give to the groom’s
The causes of child marriage often stem from tradition and gender norms within the community. However, child marriages can also be a result of severe poverty; the dowry, or “price of the bride,” may be needed for a family’s survival. Even security plays a role in the decision, as parents may believe their daughter will be safer in a marriage than unwed.
Marriage in Britain was a largely independent affari compared to India where, once married, the wife would proceed to live with her husband and his family. The consequence of changes to inheritance law was that, while in Britain a widow’s choice was to either keep the meager inheritance she got and enjoy her independence or remarry and share the money with her new husband, in India things got far more complicated because of deep seated notions of marriage and widowhood that hinged on unequivocally Indian norms, values and culture. If a woman were to receive money under the change in law there would be significant resentment from her late husband’s family. The widow had a high chance of still living with his family resulting in a cloistered but not sheltered existence. Sexuality and autonomy were often controlled by the families based on notions of female sexuality and as a way of preserving caste and offspring. Despite this Indian women were often sexually active, although more often than not, there was a lack of consent. Moreover, remarriage was not a viable option for most widows as the deeply rooted Hinduism in India promoted notions of ‘ascetic widowhood’. Thus slowly, almost as a reaction to the British hijacking on Indian culture and law, customary laws began to be replaced by a far more Hindu
Child marriage impacts not only the children’s lives, but also of those around them. Especially these young girls that are married off young, before their minds and bodies reach full maturity, become pregnant before they are even ready. In fact, “child marriage also reinforces the gendered nature of poverty, with limited education and skills bringing down the potential of the girl, her family, her community and her country.” These marriages become a sort of economic deal between the families of the bride and the groom. The family of the bride is passing this burden to the marital family, who then expects a dowry for taking the burden that is this young girl from them. The young girl is then forced to do unpaid household work, while the rest of the family have paid employments. Also, women’s sexuality is controlled “in order to limit inheritance of wealth and maintain caste purity.” “Marriage is considered to be ‘safe’ to keep the girl protected from unwanted sexual advances; without such security, a girl who is unmarried and no longer a virgin, is considered to ruin the family reputation.” This places a high value on the young women’s virginity, even that a forced sexual encounter leaves a
Women in India have few choices, especially when it comes to marriage. In fact, most marriages are pre-arranged from a young age. In addition, India has a long lasting cultural practice where women, and even young girls are traded for a form of dowry (“Rastogi”, 2006). The dowry would serve as compensation to the bride’s father for the loose of control and labour of his daughter after marriage (“Rastogi”, 2006). Essentially, the female is treated as property. This ritual considered to a grooms entitlement, and has been largely linked to the oppression, abuse, and violence against females (“Rastogi”, 2006). Yet it is not uncommon for the groom’s family to be unsatisfied with the dowry, especially at times if it is not fully upheld by the bride’s family. This is a large contributor the cruelty and sexual violence targeted to females in Indian society, and has also been linked dowry-deaths, where either her husband or his family commits the murder of a bride.
In India, marriage is a mean that relies on the parents' decisions. For example, Marriages in India are arranged marriages, they are forcing two people to get married. Marriages in this country is not a relationship of love for two people, but a connection between two families. Moreover, in this type of arranged marriage, the husband and wife have never met each other, and they have to live as a lifetime term with a partner that they don’t even know before. Indian family said that “Their kids will love and understand each other when they spend time to live together. Even though the arrangement of marriage in some countries
According to Prasad and Ramesh (2007), Indians believe that a son is an asset that can bring wealth to a family. Arranged marriage is accepted and marriage is an important institution in Indian culture. A girl is seen as a burden to her family and will leave the family in debt of a dowry. Wedlock creates inequality that women’s
(2) Impossible to satisfy the greed for dowry and passion for leading a comfortable or luxurious life by utilizing women as the key gadgets to extract easy money from their parents. (3) Jealousy and hatred
Sikh Marriage Introduction Expect among some westernised subgroups in the larger Indian cities social mixing between the sexes is restricted, even in co-educational schools. Also, the joint or extended family system is still the Indian norm. It is in this context, which can only be referred to in passing in this piece of coursework, that Sikh marriage must be understood. Marriage, traditionally, is not a private matter between two persons. Through the couple two families become closely connected and into one family comes a stranger, the wife.