The system of dowry has over the years become a form of ritual across sections of societies in one form or the other despite all efforts to curb it or discourage this social stigma which has kept on hurting the family either ways or together with varied degrees. In India, official payment of dowry has been prohibited since 1961 but the practice is still on overtly or covertly and has got more or less acceptance as recognition of social status. In the process, the very practice has left far reaching consequences on the socio-economic strata which needs to be analysed and countered along with social reforms.
Laws were enacted to protect women from harassment under the guise of dowry but it is also a fact that very protective measure has been misused and invariably exploited to settle scores. The Supreme Court, taking cognizance of the misuse of the dowry law in its order on 2 July, expressed concern over the misuse of Section 498-A of IPC by discontented wives against husbands and in-laws and restrained the police of all states from automatically arresting the accused under the anti-dowry law. The attitude to arrest first and then proceed with the rest was despicable and must be curbed, it said. The police would have to give reasons and proof to magistrate before making an arrest, the court said.
A bench comprising of Justice Chandramauli Kumar Prasad and Justice Pinaki Chadra Ghose said that Sec 498-A was introduced to combat harassment of women at the hands of husbands and his family. “The fact it is a cognisable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives,” the bench said. In order to substantiate the decision, the court, while quoting figures from crime statistics, said that nearly a quarter of those arrested under Sec 498-A in 2012 were women, most of them mothers and sisters of the husbands.
Professor Ram Puniyani, writer and social activist, while talking to Radiance on the recent Supreme Court order on dowry, said we have to take a balanced middle path and in that sense it has probably gone too overboard but at the same time some kind of precaution was necessary. Partly, it has been misused but the question is if there are 100 victims and 10 to15 people misuse it and when they misuse it, that itself is the abuse of the law. I think law should be there but there should be an element of caution in implementation of the law.
Seema Mustafa, senior journalist, while speaking to Radiance, said she was not aware of what exactly it has been said but if the Supreme Court has said it, then it is fine.
In 2005, the Supreme Court of India upheld the legality of Section 498-A in response to a public interest petition and at that point of time it felt that the law could easily be abused. The Court had then cautioned that the law does not give licence for any personal vendetta or for unnecessary harassment. In 2010, the Parliament constituted a committee headed by Bhagat Singh Koshyari to look into the misuse of the law. In 2003, the Malimath Committee proposed that Section 498-A be made bailable and compoundable which was then opposed by the women’s group. In August 2010, the Supreme Court asked the Government to amend the Dowry Laws in order to prevent their misuse. In 2012, the Law Commission of India recommended dilution of anti-dowry law (Section 498-A).
Mallika Sarabhai, social activist from Gujarat who was in Delhi to attend the Idea of India Conclave, while reacting on the Supreme Court order, told Radiance that given the number of dowry offences and given the number of very low conviction and what the Supreme Court has said this will further push down the conviction rate because the police don’t want to register these cases. Given the Supreme Court position, this is not going to solve the problem. I think the Supreme Court is saying one thing and it is not going to change the ground reality. In Gujarat, the previous government had given verbal instruction to every police station that if it is a family matter then don’t register it and in the process low rate of registration of crimes against dowry harassment has been recorded, so is it a solution? “Yes, I am sure that there are people who misuse the dowry law but that proportion is tiny as compared to dowry harassment cases that happen.”
As per figure available in 2005, the dowry death reported in India was 6665, while in 2006 it was 7467, and in 2007 it came at 7957, in 2008 it was 8036, in 2009 it was 8239 and in 2010 it was 8242. As per another report released by the National Crime Records Bureau (NCRB), there were 91,202 dowry deaths in the entire country in between 2001 to 2012. Of the total 91,202, dowry deaths 84,013 were charged and sent to trial but 5081 ceases were found false after probe. But remarkably, there were no dowry deaths reported in Nagaland and Lakshadweep from 2002 to 2012. These places deserve all praise and must be recognised and awarded.
It is also believed that because of the burden of dowry one million (1,000,000) female foetuses are being destroyed every year in India and the birth of a female child is looked down upon as a curse which is in contrast to a Muslim father who welcomes the girl child because Prophet Muhammad (peace and blessings of Allah be to him) has assured Jannah (heaven) for bringing up daughters with all responsibilities as is done to take care of male child. In Islam, dowry is prohibited and the believers are advised to spend least during marriages. The best is to have simple Nikah ceremony in a mosque. It is expected on the part of the groom to offer a reception. In Islam it is the man who pays Mehr (dower) to the woman. “And give women (on marriage) their dower (Mehr) as a free gift; but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer.” (An-Nisa’ :4).