The dowry system in India referred to the durable goods, cash, and movable property is given to the bridegroom, his family, relatives by the bride’s parents as a condition of marriage. It is given in the form of cash, jewellery, utensils, crockery, bedding, electrical appliances, furniture, vehicles and other essential household things that help the newlyweds to set up the house. In Arabic dowry is referred as Dahez and in the eastern part of India known as Aaunnpot.
A court judgement clarifies the legal definition of dowry as,
“Dowry” in the sense of the 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 form the side of the bride’ parents or relatives, to the groom or his parents and /or the guardians for the agreement to wed the bride-to-be.
Article 3 specifies that the penalty for giving or taking dowry does not apply to presents that are given at the time of marriage to the bride or bridegroom without demanding.
The payment of dowry has been prohibited under the specific Indian laws including the Dowry Prohibition Act 1961 & subsequently by the sections 304B & 498BA of the Indian Penal Code. Dowry Prohibition Act 1961 defined dowry as, “dowry means any property or valuable security given or agreed to be given either directly or indirectly- (a) by one party in marriage to the other party in marriage; or (b) by the parents of either party to a marriage or by any other person to either party to marriage or to any other persons; at or before or after the marriage as consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal law applies.”
Origin & Growth of Dowry
Practically it is not from where the custom of dowry started in India, but it has some connection from the ancient past. The Code of Manu explained the difference between the dowry and brides wealth. Dowry was more of an esteemed thing & associated with Brahmanic caste, whereas, bride wealth was associated with lower caste. Ancient text referred dowry as ‘Yuatraka’, which means avaricious gift which confirms that two people has been joined in a nuptial. The girl in the marriage was given upon getting a price that was known as ‘Sulka’. Since vedic period, dowry was prevailing, where gifts from parents and relatives are recognised as women’s wealth known as ‘Stridhan’. It was given as the support of the bride that she can use for her own purpose. If her absent husband has made no contingency, she could make use of the property to maintain herself, her son or her daughter in law. In 1793, Lord CornWallis, enabled the privatization of land which was unknown in India. During this time British completely prohibited women from owning any land or any kind of property. This was the time when parents used to give money to the bride, during her wedding, and as British restricted women from possessing any kind of wealth, the money she received from her parents will now belongs to her husband. The husband started misusing the right to posses the wife’s wealth. And here, the concept of dowry took the turn and now become the consideration for nuptials that meant that in marriage bride had to bring wealth as desired by the family of in laws as an element of her marriage. Various crimes like murder, mental abuse, suicide etc took place if bride did not bring the desired wealth. Family of groom pressurized the woman to covet.
In the Islamic laws, the dower is a sum of money or property that is paid to the bride at the time of marriage. The law confers a right of Mahr or Dower to the wife. According to the Holy Quran, the following verse entitles the right of Mahr on the bride, ―You shall obtain permission from their guardians before you marry them, and pay them their due mahr (dowries) equitably, ―you give them their bridal due (as) on obligation. And (there is) no sin on you concerning what you mutually agree of it (dowry) from beyond the obligation.
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