The Enduring Scourge: A Deep Research Into Dowry In Indian Laws And Society
- IJLLR Journal
- Aug 15
- 2 min read
V.R. Kalyani, VELS Institute of Science Technology and Advanced Studies
1. Introduction: Defining Dowry as a Social Evil
The dowry system in India represents a deeply entrenched social practice that has evolved into the transfer of durable goods, cash, and real or movable property from the bride's family to the groom, his parents, and his relatives. This transfer is made as a condition for the marriage itself. Legally, the Dowry Prohibition Act of 1961 (DPA) provides a precise definition, identifying dowry as any property or valuable security given or agreed to be given, either directly or indirectly, by one party to a marriage to the other, or by the parents of either party, or any other person, to either party or any other person, in connection with the marriage. This legal framework explicitly distinguishes dowry from customary presents given without demand at the time of marriage, provided such gifts are recorded and not excessive in value.
Despite being outlawed over six decades ago, the practice of dowry remains deeply ingrained and widespread across all socioeconomic strata and major religious groups in India. A World Bank study conducted between 1960 and 2008 indicated that dowry was paid in an astonishing 95% of marriages in rural India, underscoring its persistent prevalence despite legal prohibitions. This tradition has regrettably transformed from its historical roots as a voluntary gift or a form of inheritance into a coercive demand, leading to severe repercussions such as financial hardship, widespread domestic violence, gender-based discrimination, and, tragically, death. The system fundamentally commercializes the sacred institution of marriage, effectively treating women as a financial burden and perpetuating profound gender inequality, which places immense financial pressure on the bride's family.
The persistent prevalence of dowry, despite clear legal prohibitions, highlights a fundamental disconnect between legislative intent and societal reality. While the Dowry Prohibition Act of 1961 explicitly criminalizes dowry, its widespread practice demonstrates that legal measures alone are insufficient to eradicate deeply entrenched social customs. This situation suggests that effective change necessitates a multi-pronged approach that addresses not only the legality of the practice but also the underlying cultural, economic, and psychological factors that continue to perpetuate it.
Furthermore, the evolution of dowry from its original form as a "voluntary gift" or "inheritance" for the bride's financial security to a "coercive demand" marks a significant perversion of its initial purpose. This transformation signifies that marriage has shifted from a union based on mutual respect to a transactional commodity, where the bride's perceived "worth" is quantified financially. This shift is critical to understanding the detrimental nature of modern dowry, as it frequently leads to exploitation and violence when these escalating demands are not met.
