“A happy marriage is a harbor in the tempest of life, an unhappy marriage is a tempest in the harbor of life”
ABSTRACT
In India, “women” is often associated with roles such as mother, wife, and daughter. Consequently, laws concerning women rarely recognize them as independent individuals but instead, frame their rights and protections in relation to men or society at large. This perspective problematically casts women’s issues as secondary and limits the concept of equality as primarily male-centric. While the Indian Constitution affirms gender equality and empowers the State to implement positive discrimination measures favoring women, social practices frequently contradict these constitutional principles. This paper addresses a pervasive issue affecting women across all sections of society: dowry. Defined as the property, products, or money exchanged by either party, their families, or others in connection with marriage, dowry practices place a heavy burden predominantly on the bride’s side and affect people across different faiths in India. This analysis examines the historical context of dowry, related legislation, and other provisions aimed at women’s empowerment, alongside a discussion of dowry-related deaths. It concludes by assessing the efficacy of these laws in protecting women and shaping societal attitudes. Significant research has also been conducted on the amendments and gaps within these laws, leading to key recommendations for improving the status of women within a patriarchal society.
RESEARCH METHODOLOGY
The research is exploratory, descriptive, evaluative, and analytical, with an empirical examination of how dowry has affected rural and marginalized society compared to urban middle-class people. It has three major sections, The first argues about the origin of dowry and how its meaning has changed over the years leading to dowry harassment, domestic violence, and deaths in India. The second section throws light on how the notion of women’s empowerment has been affected by the Dowry Prohibition Act, of 1961, and how the various other provisions made for gender equality have been a major turning point in changing the discourse on dowry. The aspect of education has also been discussed to show how it affects dowry demands. The last art reveals the reality and current scenario of misuse of dowry law and evaluates whether laws for women have been elevating or demoralizing them. Through this research, an effort has been made to understand the provisions for women’s empowerment and delink the notion of dowry with marriage. Secondary data like reports, research papers, articles, news, and surveys have been used for descriptive analysis. The limitations and loopholes have also been identified, and suggestions have been made to improve the implementation and impact of the act.
INTRODUCTION
Dowry refers to all of the gifts and valuables that a woman brings to her husband’s home once their marriage is legally recognized. The dowry system is not just prominent in India, but it also manifests itself in many ways in other nations such as Africa and China, where the groom pays a bride price for the completion of marriage. In 1961, the Indian Parliament approved the Dowry Prohibition Act, as an attempt to make dowry illegal and therefore boost women’s positions, regardless of religion. Despite several amendments to the statute and various provisions for women, the dowry system and many cases of dowry harassment, domestic violence, and dowry deaths associated with it endure. Another recent difficulty has been the act’s inadequacies, which have increased the number of false lawsuits filed by women against their husbands and in-laws for malevolent motives. There is a dire need to eradicate this evil from our society and achieve gender equality in the community.
The paper will begin by by tracing the evolution of the term “dowry,” and then examine case studies related to dowry, linking it to the status of women in patriarchal society, proceeding to a comparative study of how rural and urban regions are culturally rigid and differ in reinforcing dowry demands. It goes on to explore the effects of women’s laws and anti-dowry legislation in Indian households and how will the positive influence of NGOs, IPC revisions, awareness campaigns, and education help reduce dowry cases. Before recommending a course of action, the restrictions of the act have been outlined. Finally, it depicts the transition from marriage being viewed as a fantasy full of delight to reality becoming a burden devoid of happiness.
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