- Historical and Functional Background of the Practice
- The historical/sociological facet
- The functional facet
- Divya Pal ( Roll No. 63 )
- Legislation Against Dowry
- Cruelty ( Knowable, Non-bailable )
- Definition Of Cruelty Under This Section:
- Defects In The Laws
- Nandita Palrecha ( Roll No. 64 ) & A ; Rakesh Paswan ( Roll No. 65 )
India is a patrilineal and patriarchal society. Work force are regarded as determination shapers and fore-runners for any attempts at development or advancement. Clouded by misinterpreted beliefs and rites of Hinduism every bit good as patriarchal norms, Indian society subjected their adult females to sculpt atrociousnesss, frequently for no mistake of their ain. It was possibly merely after intercession of the British ; that some citizens woke up to the world of the atrociousnesss faced by adult females: widowed, married, immature and old.
The pattern of Dowry was one such usage. The usage of dowery day of the months back to 3000 BC. Dowry refers to money, goods, or properness that a adult female brings into the marriage- it is paid by the bride ‘s household to the groom ‘s household. Another construct related to dowry is ‘bride monetary value ‘ considered to be the payment a groom owes the bride ‘s parents for the right to her labor...
and generative capablenesss, a dealing affecting bride-wealth occurs when the bridegroom and his household transportation belongings to the bride ‘s family. The pattern was characteristic of autochthonal, crude and mobile communities. Harmonizing to assorted historical histories, the pattern of bride monetary value was practiced in many parts of the universe including: Mexico, autochthonal parts of the United States, Russia, Greece, Portugal, Brazil among other states during assorted different times in the yesteryear. The pattern of dowery was carried out in states like India, Bangladesh, Pakistan, Nepal, Afghanistan and Vietnam. The pattern of Dowry is still prevalent in most of these states.
Over the old ages, this pattern in India has taken the signifier of a beginning of grave atrociousnesss towards adult females. Many times, this job does non impact the adult female entirely, but her household every bit good. The Government has made attempts to control atrociousnesss related to the pattern of Dowry. The Dowry Prohibition Act of 1961 is on such attempt. However the dowery related force is still rampant and frequently goes unreported. On an mean one Indian adult female commits suicide every four hours over a dowry difference, as per functionary informations, despite the attempts being made to authorise them.
Historical and Functional Background of the Practice
As aforementioned, the pattern of dowery is profoundly rooted in history. There are sociological every bit good as functional facets that gave rise to this pattern.
The historical/sociological facet
From historical cogent evidence nowadays in many literary histories based on India, we know that Ancient Indian society was really non oppressive towards adult females. On the other manus society really held adult females with high regard. Many powerful forces of nature and Supreme beings were depicted and believed to be manifested in female signifier. We hear aboutA SwayamvarA in the ancien
Hindu matrimony traditions where it was the bride who decided whom to get married.
In the pre-colonial period, dowery was an establishment managed by adult females, for adult females, to enable them to set up their position and have recourse in an emergency.A In this ancient system of dowery, the parents of the bride gave wealth to her in the signifier of valuable gifts etc. It was merely like how parents used to give a portion of wealth to their boies as heritage in the same manner, parents gave inherited wealth to their girl at the clip of their nuptials.
It was merely towards the terminal of the colonial regulation in India, that the pattern of dowery started transforming into a threat. Till that clip, the construct of ownership of private belongings was non really prevailing in India. The land ever belonged to the authorities and people merely settled in the authorities ‘s land. Land was given an of import position in footings of wealth. This sowed seeds of greed in a society that was otherwise really communal in nature. The British besides brought about alterations in these societal norms and these affected the position of adult females greatly. The move which affected the position of the adult females in the Indian society was the regulation imposed by the British which prohibited the adult females from having any belongings at all.
It was merely every bit late as in 2005, when the Hindu Torahs were amended once more, now supplying adult females equal position with work forces in footings of hereditary belongings.
The functional facet
Many bookmans are of the sentiment that dowery has economic maps and is a manner of redistributing belongings. Involving the transmittal of belongings, dowry as monetary value is basically an economic exchange between the bride-giver and bride-taker.A Dowry may besides be seen as a manner improve the public assistance of brides by functioning as a signifier of pre-mortem heritage. As a married woman ‘s dowery can represent to what is necessary for the twosome to get down their connubial unit, it can assist to better the married woman ‘s bargaining power in the matrimonial family.
However this pattern has been misinterpreted over time.A The monetary value theoretical account positions dowry as an instrument whereby parents of girls unafraid confederations with high-quality in-laws ( Arunachalam and Logan, 2008 ) . Dowries are considered as chances for girls to pull resourceful work forces and means to guarantee a better hereafter for one ‘s girl and to heighten one ‘s ain prestigiousness in the community. In this manner, dowery is a gift for confederation and non a matrimony payment. Although dowery does non affect a transportation that is provided in exchange for a transportation of rights between households, there is the necessary intension that something is expected to be obtained in return for the dowery ( Bell, 1998 ) .A
Divya Pal ( Roll No. 63 )
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Legislation Against Dowry
The Dowry Prohibition Act passed on 20th may 1961 was the first effort by the Indian authorities to
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