ABSTRACT

Dowry is a
social evil in the
society, that has
caused
unimaginable
tortures and
crimes towards
women.

dowry system
Contents
Historical context..................................................................................................................................3
Causes of the dowry....................................................................................................................................4
Economic factors..................................................................................................................................4
Social factors........................................................................................................................................4
Religious factors...................................................................................................................................5
Dowry in the modern era............................................................................................................................5
Types of dowry crimes.................................................................................................................................6
Fraud...................................................................................................................................................6
Cruelty.................................................................................................................................................6
Domestic violence................................................................................................................................6
Abetment to suicide.............................................................................................................................7
Dowry murder.....................................................................................................................................7
Laws against dowry..............................................................................................................................7
Dowry Prohibition Act, 1961.............................................................................................................8
Criminal statutes – Indian Penal Code, Criminal Procedure Code and Evidence Act...............................8
Protection of Women from Domestic Violence Act, 2005...........................................................................9
International conventions......................................................................................................9
Criticisms of the Dowry Laws.......................................................................................................................9
Misuse.................................................................................................................................................9
Ineffectiveness...................................................................................................................................10
Unequalized Gender System of India: The Dowry...............................................................................11

Bibliography
kavita, v. (2024, october monday). dowry system in india. (v. negi, Ed.) p. 14.
2 dowry system

The dowry system can put great financial burden on the

bride's family.[5] In some cases, the dowry system leads to
crimes against women, ranging from emotional abuse and
injury to even deaths.[6] The payment of dowry has long
been prohibited under specific Indian laws including the
Dowry Prohibition Act 1961 approved by the Parliament of
India and subsequently by Sections 304B and 498A[7] of the
Indian Penal Code. The Dowry Prohibition Act 1961 defines
Unveiling the dark reality of dowry: "Dowry means any property or valuable security
human trafficking 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."[8]A court judgement[9] 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.
Article 3 of the Dowry Prohibition Act, 1961 specifies that the penalty for giving or taking dowry
does not apply to presents that are given at the time of a marriage to the bride or groom when
no demand for them has been made. Although Indian laws against dowries have been in effect
for decades, they have been largely criticized as being ineffective.[11] The practice of dowry
deaths and murders continues to take place unchecked in many parts of India, which has further
added to the concerns of enforcement.[12]
Section 498A of the Indian Penal Code required the groom 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 cannot be made without a magistrate's approval.[13]
The findings of MacDonnell and Keith are similar to Witzel, and differ from Tambiah; they cite
ancient Indian literature suggesting bride wealth was paid even in brahma and Davea marriages.
Dowry was not infrequent when the girl suffered from some bodily defect. Property rights for
women increased in ancient India, suggest Macdonell and Keith, over the Puranas. Kane claims
ancient literature suggests bride wealth was paid only in the asura-type of marriage that was
considered reprehensible and forbidden by Manu and other ancient Indian scribes. Lochtefeld
suggests that religious duties listed by Manu and others, such as 'the bride be richly adorned to
celebrate marriage' were ceremonial dress and jewelry along with gifts that were her property,
not property demanded by or meant for the groom; Lochtefeld further notes that bridal
adornment is not currently considered as dowry in most people's min
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3 dowry system

Historical context
The history of dowry in South Asia is not clear. Some scholars believe
dowry was practiced in antiquity, but some do not. Michael Witzel
claims the ancient Indian literature suggests dowry practices were not
significant during the Vedic period.[14] Witzel also notes that women in
ancient India had property inheritance rights either by appointment or
when they had no brothers. The findings of MacDonnell and Keith are
similar to Witzel, and differ from Tambiah; they cite ancient Indian
literature suggesting bride wealth was paid even in brahma and Daevi
marriages.
Dowry was not infrequent when the girl suffered from some bodily defect. Property rights for
women increased in ancient India, suggest Macdonell and Keith, over the Puranas. Kane claims
ancient literature suggests bride wealth was paid only in the asura-type of marriage that was
considered reprehensible and forbidden by Manu and other ancient Indian scribes. Lochtefeld
suggests that religious duties listed by Manu and others, such as 'the bride be richly adorned to
celebrate marriage' were ceremonial dress and jewelry along with gifts that were her property,
not property demanded by or meant for the groom; Lochtefeld further notes that bridal
adornment is not currently considered as dowry in most people's mind.[15] One of these are
the eyewitness records from Alexander the Great's conquest (ca. 300 BC) as recorded by Arrian
and Megatheres. Arrian's first book mentions a lack of dowry, The two sources suggest dowry
was absent, or infrequent enough to be noticed by Arrian.[18] About 1200 years after Arrian's
visit, another scholar visited India, Abe Rayyan al-Baruna, also known as Al-Biruni, or Alberonius
in Latin. Al-Biruni was a Muslim Persian scholar who lived in India for 16 years from 1017 CE. He
translated many Indian texts into Arabic, as well as wrote a memoir on Indian culture and life he
observed. Al-Biruni claimed.
Al-Biruni further claims that a daughter, in 11th century India, had legal right to inherit from her
father, but only a fourth part of her brother. The daughter took this inheritance amount with
her when she married, claimed Al-Biruni, and she had no rights to income from her parents
after her marriage or to any additional inheritance after her father's death. If her father died
before her marriage, her guardian would first pay off her father's debt, then allocate a fourth of
the remaining wealth to her upkeep until she is ready to marry, and then give the rest to her to
take with her into her married life Dowry gave, at least in theory, women economic and
financial security in their marriage in the form of movable goods. This helped prevent family
wealth break-up and provided security to the bride at the same time.[23] This system can also
be used as a premortem inheritance, as once a woman is presented with movable gifts, she may
be cut off from the family estate.
For many, dowry has become a greater financial burden on the bride's family, and can leave
families destitute based on the demands from the groom.[23][27] The demand for dowry from
groom's family and relatives has increased over time.

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4 dowry system

Causes of the dowry

Various reasons have been suggested as cause of dowry practice in
India. These include economic factors and social factors. There are
many economic factors that contribute towards the system of dowry.
Some of these include inheritance systems and the bride's economic
status.

Economic factors
Some suggestions point to economics and weak legal institutions on inheritance place women in
disadvantage, with inheritances being left only to sons.[23] This leaves women dependent upon their
husbands and in-laws, who keep the dowry when she marries.[24] Prior to 1956, including during the
British Raj, daughters had no rights of inheritance to their family's wealth. In 1956, India gave equal legal
status to daughters and sons among Hindu, Sikh and Jain families, under the Hindu Succession Act (India
grants its Muslim population the Sharia derived personal status laws). Despite the new inheritance law,
dowry has continued as a process whereby parental property is distributed to a daughter at her marriage
by a social process, rather than after parents’ death by a slow court supervised process under Hindu
Succession Act (1956).[25]

Dowry gave, at least in theory, women economic and financial security in their marriage in the form of
movable goods. This helped prevent family wealth break-up and provided security to the bride at the
same time.[23] This system can also be used as a premortem inheritance, as once a woman is presented
with movable gifts, she may be cut off from the family estate.[26]

For many, dowry has become a greater financial burden on the bride's family, and can leave families
destitute based on the demands from the groom.[23][27] The demand for dowry from groom's family
and relatives has increased over time

Social factors
The structure and kinship of marriage in parts of India contributes to dowry. In the north, marriage
usually follows a patrilocal (lives with husband's family) system, where the bride is a non-related
member of the family. This system encourages dowry perhaps due to the exclusion of the bride's family
after marriage as a form of premortem inheritance for the bride.[23] In the south, marriage is more
often conducted within the bride's family, for example with close relatives or cross-cousins, and in a
closer physical distance to her family. In addition, brides may have the ability to inherit land, which
makes her more valuable in the marriage, decreasing the chance of dowry over the bride price system.
[23]

In addition to marriage customs that may influence dowry, social customs or rituals, and parents'
expectations of dowry are important factors to consider. A 1995 study showed that while attitudes of
people are changing about dowry, dowry prevails.[27][29] In a 1980 study conducted by Rao, 75% of
students responded that dowry was not important to marriage, but 40% of their parents likely expected
dowry. While India has been making progress for women's rights, women continue to be in a
subordinate status in their family.[30][31] Women's education, income, and health are some significant
factors that play into the dowry system, and for how much control a woman has over her marriage.

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5 dowry system

Religious factors
Dowry in India is not limited to any specific religion. It is widespread among Hindus and people of other
religions. For example, Indian Muslims call dowry as japes and justify the practice in terms of Fatima.
Islamists classify Jabez into two categories: The first comprises some essential articles for the outfit of
the bride as well as for conjugal life. The other is made up of valuable goods, clothes, jewelry, an amount
of money for the groom's family, which is settled on after bargaining. The jade often far exceeds the cost
of the baraat and marriage parties. The James is separate from cash payment as Mahr or dower that
Sharia religious law requires be gifted to the bride.

Dowry in the modern era

Dowry had been a prevalent practice in India's modern era and in
this context, it can be in the form of a payment of cash or gifts
from the bride's family to the bridegroom's family upon marriage.
There are variations on dowry prevalence based on geography and
class. States in the north are more likely to participate in the
dowry system among all classes, and dowry is more likely to be in
the form of material and movable goods.[23] In the south, the
bride price system is more prevalent, and is more often in the
form of land, or other inheritance goods. This system is tied to the Price tag on
social structure of marriage, which keeps marriage inside or close to daughter’s
family relations. Dowry also varies by economic strata in India. Upper-class families are more likely to
engage in the dowry system than the lower class. This could be in part due to women's economic
exclusion from the labor market in upper classes.

When dowry evolved in the Vedic period, it was essentially followed by the upper castes to benefit the
bride, who was unable to inherit property under Hindu law.[32][33] To counter this, the bride's family
provided the groom with dowry which would be registered in the bride's name.[34] This dowry was seen
as Strachan (Sanskrit: woman's property).[35] Also, an important distinction is the fact that while the
upper castes practiced dowry, the lower castes practiced bride price to compensate her family for the
loss of income.

In the modern era, the concept of dowry has evolved and Indian families no longer practise bride price.
[37] This is because with the passage of time, bride price gradually disappeared and dowry became the
prevalent form of transfer.[38] In the modern era, the practice of dowry requires the bride's family to
transfer goods to the groom's family in consideration for the marriage. Since marriages in India are a
time for big celebrations in each family, they tend to be very lavish. Accordingly, Indian weddings usually
involve considerable expenditure and accompanying wedding presents from relatives in both sides of the
family. This is normal expenditure which is done willingly and varies from one family to another
depending on the wealth, status, etc. [3]

Many times, as part of this mutual 'give-and-take', an attempt is made by the groom's family to dictate
the quantum of each gift along with specific demands for dowry. In such circumstances, there is an
element of exerting coercion on the bride's family and this is what has come to be recognized as the
menace of dowry in today's times.[2] Dowry does not refer to the voluntary presents which are made to
the bride and the groom; rather it is what is extracted from the bride or her parents.

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6 dowry system

Types of dowry crimes

A newly married woman can be a target for dowry related violence because she is tied economically and
socially to her new husband.[30] In some cases, dowry is used as a threat or hostage type situation, in
order to extract more property from the bride's family.[40] This can be seen in new brides, who are most
vulnerable in the situation.[26] Dowry crimes can occur with the threat or occurrence of violence, so
that the bride's family is left with no choice but to give more dowry to protect their daughter.[26] The
northern and eastern states of India show higher rates of dowry-related violence.[41]

Dowry is considered a major contributor towards observed violence against women in India. Some of
these offences include physical violence, emotional abuses, and even murder of brides and young girls
prior to marriage.[26][28][40] The predominant types of dowry crimes relate to cruelty (which includes
torture and harassment), domestic violence (including physical, emotional and sexual assault), abetment
to suicide and dowry death (including, issues of bride burning and murder).

Fraud
A 2005 Canadian documentary film, Runaway
Grooms, exposed a phenomenon of Indo-
Canadian men taking advantage of the dowry
system.[42] These men would travel to India
ostensibly seeking a new bride, but then
abandon the woman and return to Canada
without her as soon as they had secured
possession of her dowry.[43]

Cruelty
Cruelty in the form of torture or harassment of a woman with the objective of forcing her to meet a
demand for property or valuable security is a form of dowry crime. The cruelty could be in the form of
verbal attacks or may be accompanied by beating or harassment in order to force the woman or her
family to yield to dowry demands.[44] In many instances, the cruelty may even force the woman to
commit suicide and it has been specifically criminalized by the anti-dowry laws in India.

Domestic violence
Domestic violence includes a broad spectrum of abusive and threatening behavior which includes
physical, emotional, economic and sexual violence as well as intimidation, isolation and coercion.[45]
There are laws like the Protection of Women from Domestic Violence Act, 2005 that help to reduce
domestic violence and to protect women's rights.

Abetment to suicide
Continuing abuse by the husband and his family with threats of harm could lead to a woman committing
suicide. In such situations, the dowry crime even extends to abetment of suicide, which includes all acts
and attempts to intentionally advise, encourage, or assist in committing suicide.[46] The impact of dowry
can leave a woman helpless and desperate, which can cumulate in emotional trauma and abuse.[26][30]
Dowry related abuse causes emotional trauma, depression and suicide.[26] The offence of abetment to

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7 dowry system

suicide is significant because in many cases, the accused persons often bring up a defense that the victim
committed suicide at her own volition, even though this may not be true in reality.[47]

Dowry murder
Dowry deaths and dowry murder relate to a bride's suicide or killing committed by her husband and his
family after the marriage because of their dissatisfaction with the dowry. It is typically the culmination of
a series of prior domestic abuses by the husband's family.[48][49] Most dowry deaths occur when the

young woman, unable to bear the harassment and torture, commits suicide by hanging herself or
consuming poison. Dowry deaths also include bride burning where brides are doused in kerosene and
set ablaze by the husband or his family. Sometimes, due to their abetment to commit suicide, the bride
may end up setting herself on fire. Dowry is considered a major contributor towards observed violence
against women in India. Some of these offences include physical violence, emotional abuses, and even
murder of brides and young girls prior to marriage.[23][25][37] The predominant types of dowry crimes
relate to cruelty (which includes torture and harassment), domestic violence (including physical,
emotional and sexual assault), abetment to suicide and dowry death (including, issues of bride burning
and murder)..Bride burnings are often disguised as accidents or suicide attempts. Bride burnings are the
most common forms of dowry deaths for a wide range of reasons like kerosene being inexpensive, there
being insufficient evidence after the murder and low chances of survival rate.[26] Apart from bride
burning, there are some instances of poisoning, strangulation, acid attacks, etc., as a means of which
brides are murdered by the groom's family.[51]

India, with its large population, reports the highest number of dowry related deaths in the world
according to Indian National Crime Record Bureau.[52] In 2012, 8,233 dowry death cases were reported
across India, while in 2013, 8,083 dowry deaths were reported.[41] This means a dowry-related crime
causes the death of a woman every 90 minutes, or 1.4 deaths per year per 100,000 women in India.

Laws against dowry

The first all-India legislative enactment relating to dowry to be put on the statute book was The Dowry
Prohibition Act, 1961 and this legislation came into force from 1 July 1961.[55] It marked the beginning
of a new legal framework of dowry harassment laws effectively prohibiting the demanding, giving and
taking of dowry. Although providing dowry is illegal, it is still common in many parts of India for a
husband to seek a dowry from the wife's family and in some cases, this results in a form of extortion and
violence against the wife.

To further strengthen the anti-dowry law and to stop offences of cruelty by the husband or his relatives
against the wife, new provisions were added to the Indian criminal law – section 498A[7] to Indian Penal
Code and section 198A to the Criminal Procedure Code in 1983. In 2005, the Protection of Women from
Domestic Violence Act was passed, which added an additional layer of protection from dowry
harassment. Although the changes in Indian criminal law reflect a serious effort by legislators to put an
end to dowry-related crimes, and although they have been in effect for many years now, they have been
largely criticized as being ineffective.

Dowry Prohibition Act, 1961

The Dowry Prohibition Act, 1961 consolidated the anti-dowry laws which had been passed on certain
states.[56] This legislation provides for a penalty in section 3 if any person gives, takes or abets giving or

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receiving of dowry. The punishment could be imprisonment for minimum 5 years and a fine more than
₹15,000 or the value of the dowry received, whichever is higher.[57] Dowry in the Act is defined as any
property or valuable security given or agreed to be given in connection with the marriage.[58] The
penalty for giving or taking dowry is not applicable in case of presents which are given at the time of
marriage without any demand having been made. The Act provides the penalty for directly or indirectly
demanding dowry and provides for a penalty involving a prison term of not less than 6 months and
extendable up to two years along with a fine of ₹10,000. Dowry agreements are void ab initio and if any
dowry is received by anyone other than the woman, it should be transferred to the woman.[60] The
burden of proving that an offense was not committed is on the persons charged and not on the victim or
her family.[61][62] Under its powers to frame rules for carrying out its objectives under the Act, the
government of India has framed the Maintenance of Lists of Presents to the Bride and the Bridegroom
Rules, 1985.[63] There are also several state level amendments to the Dowry Prohibition Act.

Criminal statutes – Indian Penal Code, Criminal Procedure Code and

Evidence Act
The Indian criminal laws were comprehensively amended to include dowry as a punishable offence.[65]
Section 304B was added to the Indian Penal Code, 1860 ("IPC"), which made dowry death a specific
offence punishable with a minimum sentence of imprisonment for 7 years and a maximum
imprisonment for life. It provided that if the death of a woman is caused by burns or bodily injury or
occurs in suspicious circumstances within 7 years of her marriage, and there's evidence to show that
before her death, she was subjected to cruelty or harassment by her husband or his relative regarding
the demand for dowry, then the husband or the relative shall be deemed to have caused her death

Further, section 113B of the Evidence Act, 1872 ("Evidence Act"), creates an additional presumption of
dowry death when it is shown that before her death, the woman had been subjected to cruelty on
account of dowry demand.[67] Section 304B IPC along with Section 113B of the Evidence Act have
enabled the conviction of many who were not caught by the Dowry Prohibition Act, 1961.[68] Section
113A of the Evidence Act provides a similar presumption of abetment of suicide (which is an offense
under Section 306 IPC), in case of death of a married woman within a period of seven years of her
marriage.

Additionally, the judiciary also includes a murder charge under Section 302 IPC as this allows courts to
impose death penalty on perpetrators of the offence. Section 406 IPC, pertaining to offences for the
criminal breach of trust, applies in cases of recovery of dowry as it is supposed to be for the benefit of
the woman and her heirs. Further, Section 498A IPC was specifically included in 1983 to protect women
from cruelty and harassment. The constitutionality of Section 498A was challenged before the Supreme
Court of India on grounds of abuse, that it gave arbitrary power to the police and the court. However, it
was upheld in Sushil Kumar Sharma v. Union of India (2005).[69] The Code of Criminal Procedure, 1973
provides that for the prosecution of offences under Section 498A IPC, the courts can take cognizance
only when it receives a report of the facts from the police or upon a complaint being made by the victim
or her family

Protection of Women from Domestic Violence Act, 2005

The Protection of Women from Domestic Violence Act, 2005 ("Domestic Violence Act") was passed in
order to provide a civil law remedy for the protection of women from domestic violence in India.[6] The

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9 dowry system

Domestic Violence Act encompasses all forms of physical, verbal, emotional, economic and sexual abuse
and forms a subset of the anti-dowry laws to the extent it is one of the reasons for domestic violence.
[70] Section 3 of the Domestic Violence Act specifically incorporates all forms of harassment, injury and
harms inflicted to coerce a woman to meet an unlawful demand for dowry.[70] Some of the common
remedies under the Domestic Violence Act include. protection orders – prohibiting a person from
committing domestic violence residence orders – dispossessing such person from a shared household
custody orders – granting custody of a child; and compensation orders – directing payment of
compensation.

International conventions
India is a party to several international human rights instruments which provide theoretical remedies to
the dowry problems.[71] These international conventions include the Universal Declaration of Human
Rights ("UDHR"), International Covenant on Civil and Political Rights ("ICCPR"), the International
Covenant on Economic, Social, and Cultural Rights ("ICESCR"), the Convention on the Elimination of All
Forms of Discrimination Against Women ("CEDAW"), and the Convention on the Rights of the Child
("CRC"). CEDAW codifies the rights most relevant to the discussion of dowry-related violence: the rights
of women. However, there are issues of non-intervention and cultural relativism which impede the use
of international law to combat dowry deaths.

Criticisms of the Dowry Laws

Misuse
There is growing criticism that the dowry laws are often being misused, particularly the section 498A of
the Indian Penal Code which is observed by many in India as being prone to misuse because of
mechanical arrests by the police.[73] According to the National Crime Records Bureau statistics, in 2012,
nearly 200,000 people including 47,951 women, were arrested in regard to dowry offences. However,
only 15% of the accused were convicted. In many cases of 498A, huge amounts of dowry are claimed
without any valid reasoning. A rickshaw puller's wife can allege that she gave crores of rupees as dowry
and since it is a cognizable case, police are bound to register the case. In most cases, the financial
capacity of the wife or her parents and the source of the funds are never tracked.

In 2005, Section 498A was upheld by the Supreme Court of India when it was challenged.[75] In 2010,
the Supreme Court spoke about the misuse of anti-dowry laws in Preeti Gupta & Another v. State of
Jharkhand & Another and more detailed investigation was recommended.[76] Following the
observations of the Supreme Court Indian parliament set up a committee headed by Bhagat Singh
Koshare.[77] In July 2014, in the case of Arnesh Kumar v. State of Bihar & Amr.,[78] a two-judge bench of
the Supreme Court reviewed the enforcement of section 41(1)(A) of CrPC which instructs state of
following certain procedure before arrest, and went on to observe that the 498A had become a powerful
weapon in the hands of disgruntled wives where innocent people were arrested without any evidence
due to non-bailable and cognizable nature of the law.[74][79] The decision received criticism from
feminists because it weakened the negotiating power of women.[80][81][82] Others welcomed the
decision as landmark judgment to uphold the human rights of innocent people.[83][84] An organization
called the Save Indian Family Foundation was founded to combat abuses of IPC 498a.On 19 April 2015,
the Indian government sought to introduce a bill to amend Section 498A IPC based on the suggestions of
the Law Commission and Justice Maliah committee on reforms of criminal justice.[85] News reports

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10 dowry system

indicate that the proposed amendment will make the offence compoundable and this would facilitate
couples to settle their disputes.

The Nisha Sharma dowry case was an anti-dowry lawsuit in India. It began in 2003 when Nisha Sharma
accused her prospective groom, Munish Dalal, of demanding dowry.[87] The case got much coverage
from Indian and international media. Nisha was portrayed as a youth icon and a role model for other
women.[88] However, it was later found that Nisha had fabricated the charges in an effort to avoid
marrying her fiancé, and in 2012 all accused were acquitted.

Ineffectiveness
Although Indian laws against dowry have been drafted decades ago, they have been largely criticized as
being ineffective.[11] Despite the Indian government's efforts, the practice of dowry deaths and murders
continues unchecked in many parts of India and this has further added to the concerns of enforcement.
[12] There is criticism by women's groups that India's dowry harassment laws are ineffective because the
statutes are too vague, the police and the courts do not enforce the laws and social mores keep women
subservient and docile, giving them a subordinate status in the society.[90] The law ignores the
complexities of dowry-related violence and overlooks the element of coercion, and arbitrary compulsive
demands.

Further, many women are afraid to implicate their husbands in a dowry crime simply because the Indian
society is viewed as having conditioned women to anticipate or expect abuse and in some sense
eventually, endure it.[91] While the laws give great powers, they are not effectively enforced by the
police or by courts. It can take up to 10 years for a case to go to court and even once in court, husbands
and in-laws end up getting away with extortion or even murder because the women and their families
cannot prove 'beyond reasonable doubt' that they are the victims of such crimes, as there are rarely any
outside witnesses.

In a recent landmark judgment on dowry death, Hon’ble Supreme Court of India held that “Mere death
of the deceased being unnatural in the matrimonial home within seven years of marriage will not be
sufficient to convict the accused under Section 304B and 498A IPC”.[94]

Unequaled Gender System of India: The Dowry

The dowry is a well-established and widespread practice in India. The dowry
tradition is not just a simple Hindu tradition, it is a more complex tradition due to its
historicity. With the great influence of British colonialism, the tradition evolved into
something very different. Since the British colonial administration (also known as
the British Raj- British rule on the Indian subcontinent) entered India (19th century),
this tradition has been incorporated into Indian culture and is discussed in various
debates in the context of gender, the capitalist tool, and the remnant of colonial
hegemony. From the past to the present, the dowry tradition has developed to meet
the needs of the capitalist order and economy in India and has undergone a process
of commodification. The fact that the dowry practice has become a capitalist and
commodity by being systematized, in other words, it has the nature of a commercial
transaction, occupies an important cultural and socioeconomic problem regarding
the role and position of women in India, Indian marriage, gender inequality,

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misogyny, the violence against women, and dowry death. In this article, the dowry
tradition in India will be explained historically and will be evaluated in the context of
gender and colonialism.
The dowry is a transfer of property, assets,
money, goods, ornaments, in short, any kind
of wealth, from the wife and her family to the
man and his family at the time of her
marriage, in other words, from the bride to
the bridegroom (Kumar, 2021). Although it is
beyond the scope of the article, it is important
to state that the dowry does not belong to a
particular culture, in order to understand the
transformation and impact of the dowry
tradition in India. The dowry tradition has
been one of the most common cultural
patterns of marriage, seen in many parts of the world in the past. Although this
tradition has disappeared in most places today, it is also still implementing in India,
Southern Asia more generally, as well as in some parts of the Middle East and
Africa. Most common in cultures that are strongly patrilineal and that expect women
to reside with or near their husband’s family (patrilocality), dowries have a long
history, especially in Europe, South Asia, and Africa. But given the British colonial
influence on this tradition in India, it should be briefly stated its historical situation
in Europe. The dowry tradition dates back to ancient Greek (800–300 BCE) and the
early Roman Empire (200 BCE), where dowry gifts were instituted under Roman Law
and became common across Eurasia until the rise of the Ottoman Empire in the
15th century (Khanal & Sen, 2020). From the 13th century, court records reveal that
the dowry tradition was widely practiced in England, and marriageable daughters
were seen as to be a valuable asset for their guardians to enhance the family’s
social status in England (Kumar, 2021).
Unlike the European understanding of dowry, the tradition took place in Indian
culture in a different way and in accordance with its religious traditions and
understandings. Daughters were given in marriage as religious gifts (known as
Kanya dan) and dowry was considered as additional gifts (known as Dakshina)
accompanying the main gift (Rastogi & Thurley, 2006). In the ancient times of India,
the Dakshina did not constitute a hindrance, oppression, or death in women’s lives.
In prehistoric times in India, women were regarded as chattel and so it was the
father of the bride (if there is no father, then another man in her family as a
guardian), and not the bridegroom’s, who was regarded as justified in demanding
payment at the time of marriage (Altekar, 1938). The father, or another guardian of
the bride, lost control over the labour of his daughter after her marriage and was
paid in kind to compensate for it and there is evidence for women used to bring
large amounts of gifts to the bridegroom’s family at the marriage (Rastogi & thirdly,
2006).
Some scholars examine changes in the caste system and institution of marriage
from a post-colonial perspective as colonial powers’ recoding of the social order on

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behalf of Indian society (Oldenburg 2002; Khanal & Sen, 2020). With the British
colonial rule capturing India, the essential traditional meaning, content, and
application of dowry has changed. Prior to the arrival of the British in India, even
land was not seen as a commodity that could be bought and sold; because,
notionally, the land belonged to the king and no one could be evicted from it
(Oldenburg, 2002). With the colonial rule, the British patriarchal mindset and
property understanding entered India, and “British ideals of societal hierarchy
transformed previously fluid Indian institutions into the more rigid terms of class,
caste, and gender” (Khanal & Sen, 2020, p.4). According to Oldenburg, this led to
the control of land ownership and economic administration being given to men, and
thus the Indian male became the legal dominant subject. In other words, the entire
economy started to become masculine. This was one of the key factors that made
male children more desirable. The dowry-infanticide blight was used to justify the
annexation of India. Colonialism, it was claimed was a civilizing mission (Khanal &
Sen, 2020).
The British resolve to rationalize and modernize the revenue became particularly
crucial for women. The economic understanding and commodification brought by
colonialism also transformed the dowry. Families began to appear to be demanding
cash, jewelry, or expensive durable consumer goods at the time of marriage. In
India’s religious culture, a gift-giving tradition, which can be regarded as the root of
the dowry tradition, was already in practice. But, British colonialism in India greatly
influenced it and transformed it into a more patriarchal, unequal, commodified, and
complex system. So, the tradition became the dowry system as it was renamed and
reshaped during the colonial period.
The dowry is a transfer of property, assets, money, goods, ornaments, in short, any
kind of wealth, from the wife and her family to the man and his family at the time of
her marriage, in other words, from the bride to the bridegroom (Kumar, 2021).
Although it is beyond the scope of the article, it is important to state that the dowry
does not belong to a particular culture, in order to understand the transformation
and impact of the dowry tradition in India. The dowry tradition has been one of the
most common cultural patterns of marriage, seen in many parts of the world in the
past. Although this tradition has disappeared in most places today, it is also still
implementing in India, Southern Asia more generally, as well as in some parts of the
Middle East and Africa. Most common in cultures that are strongly patrilineal and
that expect women to reside with or near their husband’s family (patrilocality),
dowries have a long history, especially in Europe, South Asia, and Africa. But given
the British colonial influence on this tradition in India, it should be briefly stated its
historical situation in Europe. The dowry tradition dates back to ancient Greek (800–
300 BCE) and the early Roman Empire (200 BCE), where dowry gifts were instituted
under Roman Law and became common across Eurasia until the rise of the Ottoman
Empire in the 15th century (Khanal & Sen, 2020). From the 13th century, court
records reveal that the dowry tradition was widely practiced in England, and
marriageable daughters were seen as to be a valuable asset for their guardians to
enhance the family’s social status in England (Kumar, 2021).

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Unlike the European understanding of dowry, the tradition took place in Indian
culture in a different way and in accordance with its religious traditions and
understandings. Daughters were given in marriage as religious gifts (known as
Kanya dan) and dowry was considered as additional gifts (known as Dakshina)
accompanying the main gift (Rastogi & Thorley, 2006). In the ancient times of India,
the Dakshina did not constitute a hindrance, oppression, or death in women’s lives.
In prehistoric times in India, women were regarded as chattel and so it was the
father of the bride (if there is no father, then another man in her family as a
guardian), and not the bridegroom’s, who was regarded as justified in demanding
payment at the time of marriage (Altekar, 1938). The father, or another guardian of
the bride, lost control over the labour of his daughter after her marriage and was
paid in kind to compensate for it and there is evidence for women used to bring
large amounts of gifts to the bridegroom’s family at the marriage (Rastogi & Therry,
2006).

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