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…show more content… Thereafter is a reference to its evolution and its consequences. It takes the position that the modern practice of dowry is actually the product of economic and socio-cultural processes and modern-day dowry is a relatively recent transformation into a means of extortion by the groom and his family, having no religious justification. Subsequently, this paper analyzes relevant Indian positive laws currently in place to prevent dowry deaths while the next part examines the reasons behind the unenforceability behind these laws. A chapter quantifies the phenomenon of dowry death and highlights the contemporary statistics.
Chapter 2
A HISTORICAL PERSPECTIVE ON THE ORIGINS OF DOWRY
The definition of “dowry” is commonly understood to mean the property that a bride brings with her at the time of marriage.[5]This custom, which traditionally was the voluntary giving of gifts by the bride’s father to his daughter, his son-in-law, and sometimes his daughter’s in-laws at the time of marriage, has been in practice since ancient times in India.[6]However, like many other customs, it has evolved over the course of centuries.
Because a Hindu marriage is a sanskara or sacrament, the tenth ordained by the sacred scriptures of the Hindus, [7]an orthodox Hindu must marry. The Hindu scriptures recognized eight forms of marriage, four approved and four unapproved. The two leading forms of marriage were the Brahma and Asura forms. In the most common of the
