Ind. J. of Applied & Clinical Sociology 10 (4), 2015, 90-112
ISSN: 2230-9772 (Print); 2347-5927 (Online)
©: Human Development & Welfare Institute
A Sociological Perspective of Dowry System in India
Sudeep Dasgupta
Abstract: Women as a part of the human species have somehow remained as endangered species
all over the world and more so in India where they are even defied as ' Devis'. There are chances
that a female life may be snuffed out even before she is born as a girl child. There are also chances
that she may be dumped or abandoned after she is born. Generally, the life for the female child is
neither easy nor welcome even after surviving the above two major hurdles in her life span. Later
in life the female child is also likely to become the target of other forms of assaults. There are ever
increasing chances of a girl child falling a victim to infant rape or other forms of molestation
which are sometimes perpetrated by the very persons who should have normally protected her or
come to her rescue.
Among the few burning topics in the modern social sciences, which are acrimoniously discussed,
analyzed, and debated throughout the length and breadth of our country is one relating to the
status, position and protection of woman in her matrimonial home. It is indeed true to assert that
both man and woman constitute the basic unit of the matrimonial home and, therefore, of the
family and the society. The matrimonial home not only constitutes the fabric of society, but is an
important unit of its progress, civilization and culture.
Violence means the use of force against somebody, while women create human being, the violence
distress them and violence against women is simply the destruction of creators. Violence against
women, in different biological and psychological forms, has remained in practice, since thousands
of years in India.
Of all the problems faced by the women in our society, Dowry becomes first and firmest as ā
social challenge. Because though the other problems like Rape, Child marriage, Murder and
Kidnapping are happening in the society, they will not affect as strong as the Dowry system has its
influence.
This work Dowry a Social Challenge is divide in three chapters. In the first chapter I have
portrayed the meaning, definition, origin, and reason of dowry. Dowry is derived from the ancient
Hindu customs of “Kanyadan” and “Sridhan”. While dealing about the origin of dowry, in the
beginning marriage was done by exchange, and then by service then presents and then return
present. The return present later was called dowry. The main reason why people give and take
dowry is because of social customs, tradition, security and caste system.
The second chapter deals about the evil effects of the dowry system. Here I have divided four subtitles namely, Problems of the Parents, Problems of the girls, Problems of the married women and
the other problems. In the Problems of the parents, parents have the problems of emotional
disturbances, psychological and social maladjustment economic straits adopting social corruption
of foul means of earning and hard work. Female infanticide, abortion after determining sex of
fetus, more labour burden, immorality, suicide and affinal relations are the Problems of the girls.
The married women have the problems of family conflicts, conjugal disharmony, lowering of
women’s status, dowry death, ill treatment and humiliation. Child marriages and unequal
marriages are the other problems.
The third chapter deals about the measures to eradicate the dowry system. Here I have portrayed
the measures taken by the Government namely, penalty for giving and taking dowry, ban on
advertisement, punishment for taking dowry. And also I have given some measures to eradicate
this social evil namely, establishment of separate courts, women’s awareness, legal literacy,
change of society and inter caste marriage.
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the like” in Yajnavalkya’s text expanded the
meaning of stridhan by including proprieties
obtained by inheritance, purchase, partition,
seizure and finding. (This expansion was not
accepted by the Privy Council which resulted
in the emergence of the concept of women’s
estate.) Jimutavahana gave a different
enumeration of Stridhan, so did the sub –
schools of the Mitakshara.
Introduction
The practice of giving a dowry or a gift to a
woman at marriage is said to have its origins in
the system of "streedhan" (women's share of
parental wealth given to her at the time of her
marriage).As a woman had no right to inherit a
share of the ancestral property streedhan was
seen as a way by which the family ensured that
she had access to some of its wealth. There is
no clear proof as to when this practice was first
started in India. What began as gifts of land to
a woman as her inheritance in an essentially
agricultural economy today has degenerated
into gifts of gold, clothes, consumer durables
and large sums of cash, which has sometimes
entailed the impoverishment and heavy
indebtedness of poor families. The dowry is
often used by the receiving families for
business purposes, family member's education,
or the dowry to be given for the husband's
sister. The transaction of dowry often does not
end with the actual wedding ceremony as the
family is expected to continue to give gifts.
Whether the property is stridhan or woman’s
estate mostly depends upon the source from
which it has been obtained.
Gift and Bequests from Relations
From the early time this has been a recognized
head of the stridhan. Such gifts may be made
to woman, during maidenhood, coverture or
widowhood, by her parents and their relations,
or by the husband and his relations. Such gifts
may be made inter vivos or by will. The
property coming under this head was
technically known as Stridhan.
Gifts and Bequests from Strangers
Meaning of Dowry
Property given by gift vivos or by will by
strangers (i.e.…, other than relations) to a
woman, during maidenhood or widowhood,
constituted her stridhan. The same is the
position of gifts given to a woman by strangers
before the nuptial fire or at the bridal
procession. Property given to a woman by a
gift inter vivos or bequeathed to her by
strangers during coverture is stridhan according
to the Bombay, the Benaras and Madras
schools, but not according to the Mithila and
the Dayabhaga schools. The position before
1956 was that the gifts received from strangers
during covertures were stridhan, but these were
during her husband’s lifetime under the
husband’s control. On his death, these became
her full fledge Stridhan.
Dowry in the payment in cash or and kind by
the bride’s family to the bridegroom’s family
along with the giving away of the pride in
Indian marriage. “The Indian term for Dowry is
called as Kanyadaan it is an important part of
Hindu marital rites. Kanya means daughter,
and Dana means gift. Dowry is derived from
the ancient Hindu customs of “Kanyadan” and
“Sridhan”. In “Kanyadan” the father of the
bride offers the father of the groom money or
property, etc. Whereas for “Sridhan”, the bride
herself gets jewelry and cloths at the time of
her marriage usually from her relatives or
friends.
Stridhan
According to the Smritikar, the stridhan
constituted those properties which she received
by way of gift from her relations which
included mostly property (though sometimes a
house, or a piece of land was also given in
gift), such as ornaments, jewellery and dresses.
The gift made to her by strangers at the time of
the ceremony of marriage (before the nuptial
fire) or at the time of bridal procession also
constituted her stridhan.
Among the
Commentators and Digest – writers, there is a
divergence of opinion as to what items of
property constitute stridhan and what do not.
Vijnaneshwara commenting on the words, “and
Property Acquired by Self-Exertion and
Mechanical Arts
A woman may acquire property at any stage of
her life by her own self-exertion, such as by
manual labour, by employment, by singing,
dancing etc., or by any mechanical art.
According to all schools of Hindu law, the
property thus acquired during widowhood or
maidenhood is her stridhan. But the property
thus acquired during coverture does not
constitute her stridhan according to the Mithila
and Bengal School, but according to rest of the
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schools it is stridhan. Again, during the
husband’s life-time it is subject to his control.
school, the property inherited by a woman from
females, is her Stridhan.
Property Purchased with
Stridhan
Definition:
Oxford Dictionary
In all schools of Hindu law it is a well settled
law that the properties purchased with stridhan
or with the savings of stridhan, as well as all
accumulations and saving of the income of
Stridhan constitute Stridhan.
Oxford Dictionary Defines as
“(1) Money and for property that, in some
societies, a wife or her family must pay to her
husbanded when they get married.
Property Acquired by Compromise
(2)Money and or properly that, in some
societies, a husband must pay to his wife’s
family when they get married”
When a person acquires property under a
compromise, what estate he will take in it,
depends upon the compromise deed. In Hindu
law there is no presumption that a woman who
obtains property under a compromise takes it as
a limited estate. Property obtained by a woman
under a compromise where she gives up her
right to her stridhan will be stridhan. When she
obtains some property under a family
arrangement, whether she gets it as stridhan or
woman’s estate will depend upon the terms of
the family arrangement.
The Prohibition of Dowry Act 1961
The Prohibition of Dowry Act 1961 Defines
Dowry as,
“Any property or valuable security given, or
offered to be given, either directly or
indirectly (a) by one party to a marriage to the
other party to the marriage, or (b) by the
parents of either party to the marriage or by
any other person to either party to the marriage
as consideration for the marriage of the said
parties.
Property Obtained by Adverse Possession
In all schools of Hindu law it is a settled law
that any property that a woman acquires at any
stage of her life by adverse possession is her
Stridhan.
The Committee on the Status of Women
The Committee on the Status of Women
Defines as,
“What is given to the bride, and often settled
before hand and announced openly or
discreetly. The gift though given to the bride
may not be regarded exclusively her property.
Property Obtained in Lieu of Maintenance
Under all schools of Hindu law the payments
made to Hindu female in lump sum or
periodically for her maintenance, and all the
arrears of such maintenances constitute her
stridhan.
Similarly, all movable and
immovable properties transferred to her by way
of an absolute gift in lieu of maintenances
constitute her Stridhan.
What is given to the bridegroom before and at
the time of marriage?
What is presented to the in-laws of the girl?”
Origin of Dowry
Property Obtained by Inheritance
The system of dowry prevalent in India is not
of a recent origin. This social evil has plagued
the society since ancient times. Even the kings
of the early age encouraged the dowry system,
a preoccupation of kings and of the very rich
who could indulge in luxurious display. Fairy
kingdoms and wealth which could only be
measured in terms of golden chariots and
palaces full of jewels went with a beloved
daughter to her new home.
A Hindu female may inherit property from a
male, or a female. She may inherit it from her
parents’ side or from husband’s side. The
Mitakshara considered all inherited property as
stridhan. But the Privy Council in a series of
decisions held such property as woman’s
estate. In one set of cases, the Privy Council
held that property inherited by a female from
males; it’s not her stridhan but women’s estate.
In another set of cases, it took the same view in
respect of property inherited from females.
This is the law all the schools except the
Bombay schools. According to the Bombay
In the beginning there was no word for dowry
in the marriage system. In the early marriage
system some considerations were made to be
offered to the father or other relatives of the
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bride, “either in the form of the exchange of
pride for bride, or of service, or of the giving of
property of some kind or other.
Here woman was coveted as a trophy of war,
fought for and acquired as evidence of superior
power. The trace of this heritage is loudly
dramatized even these days when we find a
North Indian bridegroom dressed in fineries
rides a white mare, usually not his own,
swaggering a borrowed sword, proceeds to the
bride’s house with his assembled retinue
making loud noises of crackers or gun fires and
simulating an assault at the bride’s house and
then he is accorded a warm welcome and given
the hand of a maiden. The conquering party is
treated with great respect, is given presents and
is well fed before the bridegroom strides back
home to be received as an honored hero who
has won a war and earned a trophy.
Marriage by Exchange
The early marriage system was in the form of
marriage by exchange. For example “if in each
of two families there is an unmarried son and
an unmarried daughter, they frequently arrange
a mutual double marriage without any
payments.
Marriage by Service
“In some community the bride groom will go
and live with the family of his future spouse for
a certain time during which he works as a
servant. The period of service varies greatly
among different peoples. Sometimes he has to
serve after his marriage until a child is born.
The period of service is unintended to test the
young man’s ability to work and to show
whether he is an acceptable husband and sonin-law.
It was probably thereafter that the women came
to be won by proving skill or strength set as
tests by the bride’s people. Lord Ram Chandra
proved his strength by breaking Lord Shiva’s
unbreakable bow.
Morning Gifts
Morning gifts, which might also be arranged by
the bride's father rather than the bride, are
given to the bride herself; the name derives
from the Germanic tribal custom of giving
them the morning after the wedding night. She
might have control of this morning gift during
the lifetime of her husband, but is entitled to it
when widowed. If the amount of her
inheritance is settled by law rather than
agreement, it may be called dower. Depending
on legal systems and the exact arrangement,
she may not be entitled to dispose of it after her
death, and may lose the property if she
remarries. Morning gifts were preserved for
many centuries in morganatic marriage, a union
where the wife's inferior social status was held
to prohibit her children from inheriting a
noble's titles or estates. In this case, the
morning gift would support the wife and
children. Another legal provision for
widowhood was jointure, in which property,
often land, would be held in joint tenancy, so
that it would automatically go to the widow on
her husband's death.
Marriage by Present
In some communities there is no exchange or
service for getting marries, but the bridegroom
will “offer a small present to his future fatherin-law, who is return, gives his objects which
remain her personal property.
Marriage by Return Present
When the bride groom announces his
approaching marriage to his father, the latter
takes one or more valuables to the bride’s
family, but “after this the bride’s father gives a
return present, probably of the same kind and
value, and also an equivalent amount of food.
The price for a bride varies according to the
wealth of the interested parties and the
accomplishments of the bride, but whatever the
sum paid, the father of the girl must make a
return present equal to one-half the value of the
marriage gift “so that he does not sell his
daughter like a slave. “The return gift may take
the shape of a dowry given to the bride by her
father or parents or other relatives but also
directly or indirectly benefiting her husband.
The dowry of then consists of some food,
clothes, ornaments, household goods, other
objects or a certain number of domestic
animals.
Reasons for Dowry
Social Custom and Tradition
Custom in anthropology and sociology is a way
of thinking or acting that is characteristic of a
group of people. Customs influence the way
people dress, eat, and in general behave; they
Women as a Prize
93
career in the profession. They become ‘scare
commodities’ and their parents demand high
amount of money from the girl’s parents to
accept her as their daughter - in – laws as if
girls are chattel for which the bargain has to be
made.
may take on the force of moral or statute laws.
The social custom and tradition is one of the
reasons for Dowry. There is a feeling that
practicing customs generates and strengthens
solidarity and cohesiveness among people.
“Many people give and take dowry only
because their parents and ancestors had been
practicing it.
Rising of Prices
The pressure for larger dowries is due to “the
general rise in prices and the current obsession
with gold and silver, the prices of which are
rising almost every day. When the groom’s
family sees the situation of the economy they
are tempted to demand dowry from the Bride’s
family in order to face economic crises
Security
“Dowry is the bride’s parents gifts of love to
ensure that she is provided for financially when
she lefts her parental home. In a materialistic
society, there are constant pressures on
individuals and families for having more and
more money not only to provide more comfort
to themselves and family members, but also to
have some future security.
Income to Groom’s Family
The parents will give the best education to their
sons in order to get good Bride. But while
getting marriage settlement they will ask
dowry, because “parents who spend a sizable
part of their earning in educating their sons
regard them as investments to yield returns;
they expect to realize the first and fattest
dividend at their son’s marriage.
Gift
Gift is a voluntary transfer of property from
one person to another during the time of
marriage the friends and the family members
will provide some valuable things as a
remembrance of them. “The prevalence of
dowry system is mentioned by Jayasi, Tulsidas
and Surdas and some foreign travelers make
mention of it also. In rich and royal families
gifts used to be given to sons-in-law at the time
of marriage. Sita, Drayupadi Subhadra and
Ultra brought rich presents including horses,
elephants, cow, jeweler, chariots, servants,
maids when they proceeded to their husband’s
home after marriage.
Hypergamous Marriage System
Besides endogamy, we have also the analoma
{hypergamous} system of marriage according
to which a girl belonging to a lower caste can
be married in a higher caste. When boys
belonging to the higher castes marry girls of
the lower castes, they demand high dowry. A
person often pays a huge amount of dowry to
get a son-in-law from a higher level in the
hierarchy.
Aspiration to Marry in High and Rich
Family
According to Kapadia “The practice of
hypergamous castes, brought in its train
problems of no mean significance. The main
concern of the man is found in many of these
hypergamous castes, to have been the
exploitation of women and her people
economically. Every parent desired his
daughter to be married into the highest social
group to keep up or to add to his prestige, and
this made him acquiesce in these abuses. When
a number of offers were made to a single
person he naturally insisted on his terms and
bride groom price would go on swelling.
One of the causes of dowry is the desire and
aspiration of every parent to marry his daughter
in a high and rich family to keep up or to add to
his prestige. “The high marriage – market
value of the boys belonging to rich and high
social status families has swelled the amount of
dowry.
Pressures of the Caste System
Caste is largely static, exclusive social class
membership I which is determined by birth and
involves particular customary restrictions and
privileged. Among Hindus, marriage, in the
same caste and sub caste has been prescribed
by the social and religious practices with the
result that choice of selecting a mate is always
restricted. “This results in the paucity of young
boys who have high salaried jobs or promising
Vicious Circle
In the society it is customary that the parents
will arrange marriage to their daughter first and
then to their sons. But in some family first the
marriage of girls will not take place .Because
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of the dowry, they will wait for the marriage of
their sons. “Dowries brought by sons help the
parents to utilize a part of them in their
daughter’s marriage.
1 Dowry is given on parental feelings concern
or sense of obligation, so as not to send
daughter with empty handed.
2 Women’s craze for the gold–ornaments is
also one of the causes of dowry transactions, a
fast and easy way to get these ornaments
through dowry.
“An individual who may be against the dowry
system is compelled to accept fifty to sixty
thousand rupees in cash in dowry only because
he has to spend an equal amount in his sister’s
or daughter’s marriage. The vicious circle starts
and the amount of dowry go on increasing till it
assumes a scandalous.
3 The black money and unaccounted earnings
of the rich class.
4 Dowry is a means of giving the daughter her
share in the father’s property.
False Notion of Social Status
Dowry in Historical Aspects
A few people give more dowries just to exhibit
their high social and economic status. “Janis
and Rajputs for example spend lakhs of rupees
in the marriage of their daughters just to show
their higher status or keep their prestige in the
society even if they have to borrow money.
The system of dowry prevalent in India is not
of a recent origin. This social evil has plagued
the society since ancient times. Bride price
and dowry have been the member of the same
family, often going hand in hand wherever
giving and taking are involved in a marriage
transaction.
Caste System
Dowry system is related to the caste system, as
it is paid in order to marry a girl to a boy of the
same caste of. It is manly practiced among the
higher caste of the girls family .Because when
the girl is married to another caste’s boy means
it is considered as prestige problems. In order
to prevent from that the bride’s family will
offer dowry as much as they can so that the
bride groom of the same caste will marry the
bride.
Dowry in Ancient Time
“Dowry system is connected with the
conception of marriage as dana or gifts. A
religions gift in kind is usually accompanied by
a gift in cash or gold. Dowry system did not
start as an impediment to a daughter’s marriage
in ancient time. Even the ancient scriptures
approved of wealth given to a bride at the time
of her wedding. “It was her parents’ gift of love
to ensure that she was provided for financially
when she left her parental home.
Desire of the Girls Parent
It is the desire of the girl’s parent that “she
should live happily with her husband and inlaws and so they think of rich family even if
they have to give heavy dowry. The aim of the
bride’s family is that though they are poor their
daughter should not lead the same life. So they
are tempted to give heavy dowry to their
daughter, so that she is married by the rich
person.
Earliest references to dowry show that “it was
mainly a preoccupation of kings and of the
very rich who could indulge in luxurious
display. Fairy kingdoms and wealth which
could only be measured in terms of golden
chariots and palaces full of Jewels went with a
beloved daughter to her new home.
The dowry was a part of the ritual of kanyadan
which was very different from modern dowry.
It seems that the dowry system, as it is
practised today, was unknown in early periods.
“It was only in the aristocratic and royal
families that gifts were given to the bridegroom
at the time of marriage.
Greediness of the Parents of the Boy
Greedy means that wanting more money,
power, food etc, than one really needs. In some
families when they arrange marriage for their
son they will demand dowry to make easy
money, because if the bride’s family is unable
to give the dowry which is demanded by the
bridegroom’s family, they will leave the bride
and try to get another girl.
Dowry in Medieval Time
In the ancient time the dowry was not forced to
give. But it was given by the bride’s family to
show their love and concern. But in the
medieval time, the bride’s family was forced to
give dowry because of the bridegroom’s family
Other Reasons
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they want at times haggle with bride’s parents
to get maximum amount of money and costly
gifts as dowry. Today marriage has become a
stepping stone to acquire more wealth and
social status. There is no other social institution
which has been commercialized as marriage.
expectation and completion. M.N.Srinivas
points out that “The richer and higher strata of
people in the second quarte of the twentieth
century paid huge sums by way of dowry to
obtain desirable grooms.
“In medieval times the dowry system comes
into vogue because of pre – puberty marriages.
To secure a desirable match, the father of the
girl often offered attractive incentives to the
prospective son – in – law to persuade him to
accept his daughter within pre – puberty
period. Then the religious concept of
‘Kanyadana’ also helped the rise of this
custom. Later ‘Kanyadana’ became associated
with ‘Vardakshina’, i.e. the cash or gift in kind
by parents or guardian of the bride to
bridegroom. So when a bride is given over to
the bridegroom, he has to be given something
in cash or kind which contributes Vardakshina.
Since, the daughter was denied the right of
inheritance, the phenomenon also led to rigidity
of custom of dowry among propertied class.
Dowry System in Various Religion
Dowry in Hinduism
Dowry system was generally unknown in early
Hindu society. In rich and royal families some
gifts were given to the bridegroom at the time
of marriage. “Atharvaveda once incidentally
refers to royal recognized eight forms of
marriage, GL Brahma, Daiva, Arsha,
Prajapatya which were approved forms and
Asura, Gandharva, Rakshasa and Pistachio
which were unapproved forms.
It is only in the Brahma form of marriage
which was peculiar to upper-class (The people
with property) that marriage meant the gift of
daughter with some ornaments and articles the
father of the bride could accord to a most suited
groom learned in Veda and of good conduct,
which he voluntarily invited and respectfully
received.
Dowry in Present Time
Today marriage has become an occasion to
demand and a chance to accumulate. Boys are
shamelessly and openly sold in the marriage
market. “The rate of dowry varies from caste
to caste and mostly depends upon the groom’s
accomplishments, family status and other
attainments such as education, employment,
wealth, or other material acquisitions.
However, these presents can hardly be called
dowries, for they were voluntarily made after
marriage out of pure affection and presented no
impediment in the settlement of daughter’s
marriage.
In this ugly market of marriage, a cut throat
completion goes on and dump girls are being
freely traded as chattels or cattles. Today the
greedy men marry the refrigerators, video sets,
scooter, and car etc., the bride being the
dowry. Almost thought the length and breadth
of the country the dowry negotiations have
become direct and open.
In Vedic period, dowries were given by
parents, to attract suitable bridegroom for their
daughters. But During Epic age, dowry was
recognized as women’s property, (stridhan). It
included all types of gifts from parents,
brothers and relations. The Hindu Law also
recognized the right of women over this
property. But now it has undergone a great
change. It is considered as the bridegroom’s
price by which a father buys a husband for her
daughter.
Educational development has
enhanced this system.” Dowry has always
been, and conceptually and essentially that
property which is obtained under duress,
coercion, or pressure. It is that property which
is extorted from the father or guardian of the
bride by the bridegroom or his parents or other
relations. Among Hindus it is that “property
which is extracted by the bridegroom from his
bride or more particularly from her parents or
guardian. Thus dowry is not present made to
the bride and bridegroom. The distinction
Today, every bit of consumer goods can be
turned into dowry whether it is T. V. set,
radios, watches, household furniture and even a
car. The front pages of some of our most
prestigious dailies carry advertisements for
sarees, shawls, wrist watches, T.V. Video set
and so on as a part of girls dowry. If
bridegroom’s family fancies them, a son’s
marriage is the time to acquire the demand
open or clandestine ranges from a two-wheeler
to anything under the sky.
“In number of cases, the bridegroom and his
family shamelessly present list of things which
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between the two is that dowry is essentially a
property which is extracted or extracted from
the bride of her parents, while presents are
those properties which are voluntarily and
willingly given.”
Dowry in Christianity
The dowry system assumes frightening
proportions among the Christians who have for
centuries absorbed many of the traditions of the
Hindu community, from which they originally
came and who have inherited the Latin
tradition of heavy dowry giving. Even though
social
intermingling
among
religious
communities here in almost non-existent,” the
Hindu dowry tradition is firmly entrenched
among the Roman Catholics. The bride among
these is not only expected to bring with her
‘streedhan’ of jewellery, clothes and cash, but
also furniture, car, television and other
luxuries.
Dowry in Islam
In Muslim society, the marital union is denoted
by the Arabic word Nikah (marriage).
According to Muslim ideals Nikah in the
contract of husband and wife which legalize
their sexual intercourse and imposes certain
duties and right between themselves it is
socially and legally recognized therefore it is
sacred.
Dowry plays a very important role in the
marriage relations of Muslim Community.
Among all Muslims it is considered to be the
fundamental right of a Muslims woman to get
dowry form her husband. It may be in the form
of money, property which is given to the wife
as a mark of respect. Apart from this, marriage
among Muslims is a social contract. Therefore
payment of dowry to the women in
indispensable. But dowry is not a bride price.”
The death of the dowry system cannot safely be
predicted in a community it has common
acceptance. Those who have already received
a fortune as dowry will now insist that they get
on equal share of their father’s property; this
will means a lot of bad blood and litigation.
The Code of Hammurabi mentions bride price
in various laws, as an established custom. It is
not the paying of the bride price that is
prescribed, but the regulation of various
aspects:
In order to safeguard the economic position of
women after the marriage, Islam has made it
legally obligatory on the husband to pay her a
reasonable amount as dower. The amount to be
fixed as dower depends on the agreement
between the two parties, but, in any case, the
object is to strengthen the financial position of
the wife, so that she is not prevented, for lack
of money, from defending her rights. The
Qur’an says:
1. A man who paid the bride price but
looked for another bride would not get a
refund, but he would if the father of the
bride refused the match.
2. If a wife died without sons, her father
was entitled to the return of her dowry,
minus the value of the bride price.
The Hebrew Bible and Talmud mention the
practice of paying a bride price to the father of
a minor girl.
And given women their dowries as a free
gift, but if they themselves be pleased to give
up to you a portion of it, then eat it with
enjoyment and with wholesome result (iv.4).
The practice of the bride price is found in the
Bible, in the Old Testament. Exodus 22:16-17
says: If a man seduces a virgin who is not
pledged to be married and sleeps with her, he
must pay the bride-price, and she shall be his
wife. If her father absolutely refuses to give her
to him, he must still pay the bride-price for
virgins.
And if you wish to have (one) wife in the
place of another and you have given one of
them a heap of gold (as dowry) take not
anything from her; would you like it by
slandering (her) and(doing her) manifest
wrong? (iv.20)
“It happens is some Muslim marriages that for
the purpose of glorification of the husband, a
large amount of dower in announced in public,
but in private in the real amount and that alone
can be enforced. The husband has power, at
any time during the subsistence of marriage, to
increase the amount of Mahr.
Deuteronomy 22:28-29 similarly states:
If a man finds a damsel that is a virgin, which
is not betrothed, and lay hold on her, and lie
with her, and they be found; then the man that
lay with her shall give unto the damsel's father
fifty shekels of silver, and she shall be his wife;
97
because he hath humbled her, he may not put
her away all his days.
grooms party but now it has become to the
‘demanded’. The result is that “from the day of
the birth of the girl, the problem of dowry
haunts the minds of the parents. And if by
misfortune, a man has three or four daughters;
his whole life is passed in solving only one
problem how to arrange the marriage of his
daughters.” This
leads
to
emotional
disturbances,
psychological
and
social
maladjustments.
Conclusion
Though in the beginning the word Dowry was
not used in the marriages, gifts were exchanged
as a symbol of love, prestige. The Indian term
for Dowry is Stridhan which means that the
bride herself gets jewelry and cloths at the time
of her marriage. People used to give and take
dowry due to social custom, traditions, and
pressures of the caste system. Dowry system
did not start as an impediment to a daughter’s
marriage in ancient time. But in the medieval
time the bride’s family was forced to give
dowry because of the bridegroom’s family
expectation and compulsion. Today almost
throughout the length and breadth of the
country the dowry negotiations have become
direct and open.
Economic Straits
The dowry system was forced upon the society
in the olden days as a means of equitable
distribution of wealth, with the intention of
creating some sort of socialistic pattern. But it
has developed the wrong way and has become
a menace to society as a whole, particularly to
the middle class who live from hand to mouth.
“Whatever they earn, they spend on
maintaining the family standard in providing
the necessities of family, educating children,
and meeting various social obligations. The
result is that to marry their daughters, they have
to borrow money, especially when huge
demands are made by the boy’s side. This
incurred debt is passed on from generation to
generation which ultimately ruins the family
economically.” It is not only the girl’s parents
who feel the economic repercussion of this
evil, but the boy’s parents to suffer virtual
impoverishment because of dowry. When they
demand money in alarming proportion, they
have also to spend much to keep up their
standard and their social prestige. In many
cases, the parents of the boy may not be
actually in a position to spend much but to keep
up the false show; they have to arrange for
money.
EVIL EFFECTS OF DOWRY
Introduction
The dowry system no doubt served some useful
purposes for the families involved and the
society. It provided an occasion for people to
boost their self-esteem through feasts and
displays of material objects, to make alliances
with the families of similar status, to help
prevent the breakup of family property, to get a
better match for daughter, and to furnish their
daughter with some kind of social and
economic security. Yet the dowry system has
some effects on the society as well as to the
individual. “Some people insist that “the
dowry system is a social evil and an intolerable
burden to many brides’ families. Social
reformers,
politicians
and
educators
vehemently condemn the custom of dowry
payments as an unhealthy feature.” This
chapter is an attempt to illustrate some of the
evil effects of dowry system. The problems of
the dowry can be divided in to four kinds
namely: Problems of the Parents, Problems of
the Girls, Problems of the Married Women, and
Other Problems.
Adopting Social Corruption of Foul Means
of Earning
Among the severed consequences of ‘dowry
greed’ is the ‘social-corruption’ that is a thrust
on all concerned. By and large parents of
moderate means find it extremely difficult to
meet out the expenses covering dowry and all
extravagancies connected with the marriage.
“Compulsion surely breeds corruption and so
sometimes the parents of the girl will have to
resort to foul means to make money to meet the
dowry demand.” Thus the girl’s parents
indulge in malpractices in order to give money
to their daughters.
Problems of the parents
Emotional Disturbances, Psychological and
Social Maladjustment of Parents
The institution of dowry may have been useful
in days gone but by these days it is nothing but
a blot on the canvas of India’s social life. At
one time, dowry used to be ‘accepted’ by the
Hard Work of the Parents
98
Because of demanding huge amount of dowry
“the parents have to work hard to provide the
boys with good dowries.” The parents are
ready to do all kinds of woks in order to get
money so that they can give enough dowries to
their daughters. Because of their hard work
they have to face physical as well as mental
sickness.
to their girls. Parents have negative attitudes
towards the girl’s education.” In a study by P.
Singh, A. Singh and Suman Lata (2008) it was
stated that only three girls attended school out
five girls and three boys attended school out of
four boys.
More Labour Burden
“Since parents are not able to arrange sufficient
amount of money for dowry, they will allow
their daughters and sisters to take up a job and
earn some money to be utilized at the time of
their marriage.” The girls are asked to leave
their schooling and forced to work. As they do
not have sufficient learning they will not be
given white-collar jobs instead they will be
given all kinds of works with less amount of
salary.
Problems of the Girls
Female Infanticide
In many families, “birth of a daughter was
regarded as a curse till 18th century and there
were cases when daughters born in the family
were put to death.” “During the British period
the practice of female infanticide was
prohibited regarding it as in-human under
Female Infanticide prevention Act 1870.” The
social evil of dowry further enlarged the
incidents of female infanticide particularly in
middle class families. “Since it was impossible
to determine the fetus sex there is no
alternative in a poor or middle class family
except to kill the daughter in infancy.”
Abortion
Fetus
after
Determining
Sex
Immorality
When the girls join to work in order to get
money, are quite nature. Their youth, the spirit
of vigour, and above all sex appetite break the
barriers of their so-called modesty when these
originally innocent girls come into contact with
boys who work with them in offices,
educational institutions, firms and companies
etc. “The false promises by these boys of a
bright future will mislead the girls, and thus
misguided, they sometimes become morally
wrecks. It is easy for a boy to escape from the
dangers of loose sex-morality but it is difficult
for a girl to hide her shame, particularly when
she becomes pregnant.”
of
Abortion is the termination of a pregnancy by
loss or destruction of a fertilized egg, or fetus
before birth. “The Medical Termination of
Pregnancy Act, 1971 legally permitted abortion
if the life or physical or mental health of the
woman is in danger or it is in the interest of
health of the women or the child born” The
invention of determination of sex of fetus has
increased the incidents of abortion or medical
termination of pregnancy, when it is
determined that the fetus is of a female, without
considering the psychological effect or physical
health of “Amniocentesis”.
Psychological
Girls
Suppression
of
the
The boy accepts a girl who belongs to a well
off family, highly educated, in service, and
earns. His likings do not end here. He also
wants a girl whose parents can pay him much
at the time of marriage. This evil has taken
colossal shape in the modern times. “There are
cases where the girl is highly educated,
cultured, homely, and accomplished, but not
accepted as a wife only because her parents are
not able to give much.” “The fiancé and the
fiancée write letters to each other, marriage
date has been fixed, but when all of a sudden
the boy gets a better offer from a rich family,
the engagement is broken. This gives a shock
to the parents as well as to the girl.”
In India, the middle or middle high class
families are undergoing the process of the
determination of sex, of the coming child so
that risk of the child born as female child can
be avoided. “This has become a normal feature
because of the fact that practice of going and
taking of dowry has increased enormously.”
Illiteracy
“In international usage, literacy is defined as
the ability both read and to write at least a
simple message: illiteracy, conversely, is the
lack of such ability.” “Many people think that it
is wastage of time and money to give education
Suicide
99
Suicide is an act whose primary aim is the
intentional and deliberate taking of one’s own
life. “Suicides are of two types: conventional
and personal. The first type occurs as a result
of tradition and the force of public opinion.
Thus, among some tradition – ruled peoples,
when certain situation arise, suicide is
inexorably demanded. The second type suicide
is more typical of modern times, when people
depend less on custom ad convention solve
their
problems
than
on
individual
decisions.”
“Dowry system is a great pernicious evil. It
will draw many girls to suicide, to save their
parents from economic drudgery.” When the
engagement is broken due to dowry the girl
begins to live in the society with a sense of
insecurity, develops on inferiority complex,
and remains emotionally suppressed. “She feels
herself to be a burden on her parents and
sometimes in that gloom and mental weariness
is prone to commit suicide.”
Affinal Relations
Dowry influences radically not only the
economic and the social behavior of the people
having daughters but also affects profoundly
relations between parents and children, and
among kin. “The parents who cannot afford to
pay dowry to marry their daughters consider
them a burden for the family. Similarly,
brothers consider their sisters as barriers in the
achievement of their aspirations” As a result,
many a time the treatment given by parents and
brothers to girls in the family disrupts harmony
in intra-family relations.
Problems of the Married Women
Family Conflicts
Dowry system leads to family conflicts. When
a mother-in-law does not get dowry to her
satisfaction, she maltreats her daughter-in-law
and abuses her father, mother and relatives.
“The emotional shock on the part of the girl
and the authoritarian personality of mother-inlaw will lead to family conflicts.”
Conjugal Disharmony
Dowry dominates the sense of conjugal
disharmony in the affluent and middle class
section of the society. It effects the marital
relations in a sizeable proportion of married
couples. This is mainly so because “the present
day youths most unscrupulously threaten their
wives with desertion if they do not bring
enough dowry from their parents.” This social
evil of dowry is the major cause of break –
down of marriages.
Lowering of Women’s Status
Dowry system impoverishes those who pay
dowry and degrades those who receive it.
Moreover, it lowers the status of women. The
boy used to think of himself a dignified
individual and views the girl as a subjugated
entity with an inferior and degraded status. “As
every marriage brings a substantial sum, one
would naturally be tempted to contract a
second and a third marriage just for its
monetary utility.” Though such marriages are
not usual yet they do exist. This affects the
status of the first wife as Love, affection and
feeling of care her husband bears for her is
reduced.
“At parents’ house she is treated as a burden or
liability and in the matrimonial home, the
dowry she brings is more important than her
person. This evil has produced adverse effects
on women’s status in the matrimonial home,
and is the main tool of exploitation against
married women in the matrimonial home. The
in-laws of the bride in an attempt to extract
more and more dowry create an atmosphere of
harassment and cruelty.” Generally it is found
that a wife coming to the matrimonial home
without dowry is subjected to many
humiliations. She as an individual has no
utility unless she brings dowry.
Women’s Oppression
Dowry is the symbol of woman’s oppression.
“She goes into her matrimonial home bedecked
with gold and accompanied by dowry which
her parents have bought with their blood and
sweat and thereafter, pushed into a life of
subservience”. It gives to man the right to put
a price on her and accept or reject her marriage
according to the money and goods she brings.
“The air of superiority of bridegroom and his
family thus causes unmeasured grief to girls
and has degraded their position.” The practice
of dowry thus not only perpetuates inferior
status of women in their matrimonial home but
also become a cause of self-immolation.
Dowry Death
The dowry prohibition Act.1986 introduced a
new office, the office of dowry death by
100
inserting a new section 304-B in the Indian
penal code. That section runs:
“Where the death of a women is caused by any
burns or body injury or occurs otherwise than
under normal circumstances within seven years
of her marriage and it is shown that soon before
her death she was subjected to cruelty or
harassment by her husband or any relative of
her husband for, or in connection with any
demand for dowry, such death shall be called
“Dowry Death”, and such husband or relative
shall be deemed to have caused her death” The
most media-sensationalized type of violence
against women in India is dowry death. When
a woman marries, her family provides the
husbands’ family with gifts. In many instances,
the demand for these gifts, does not end with
the marriage but continues, as the husband’s
family persists in making additional dowry
demands for years after the wedding. A dowry
death is defined as “the unnatural death of a
woman caused by burns or bodily injury occur
if it can be shown that the woman was
subjected to cruelty by her husband or her
husband’s relatives shortly before death in
connection with a demand for dowry”
The problem of husband-to-wife or wifebattering is not recognized by some scholars as
an instance of “animal violence” but it is
viewed by them as a “human welfare”
problem. Contrary to this, “the problem of
bride-burning or dowry-death is not considered
a private family matter. This problem has been
largely recognized by the public, the
intellectual community and the criminal system
as a crucial problem of criminal violence.”
According to the Ministry of home Affairs,
Govt. of India, it was found that in 2001 –
6851, 2002 – 6822, 2003 – 6208, 2004 – 7026,
2005 – 6787 dowry deaths were occurred. But
it is not an exact data because there are many
dowry deaths occurred, which are not
registered.” It can be explained with the help of
chart.
The actual number is certainly larger, as there
are many deaths that are not reported. “Dowry-
related violence against women occurs among
all subgroups of the population, the rates are
higher among the poor and the lower castes.
Alcoholism is also associated with increase in
violence against women.”
Ill-Treatment and Humiliation
Though dowry-death is generally understood to
involve the murder of a woman on the dowry
issue in the family of procreation but before the
act of killing, several forms of harassment and
humiliation take place against the victim. “The
killers in dowry-deaths are brutal and
authoritarian and the murder is only one
expression of the offender’s personality
maladjustment
and
abnormality.”
The
humiliation generally will start with criticism,
followed by familiar scenes-insults, abuses and
demands for more money. Some women used
to put up with victimization because they know
that their parents are not in a position to give
more and to some other will think that things
will change after the birth of a child.
The methods used in ill-treating daughtersin-law are:
(1)Abuses, insults, passing sarcastic remarks,
(2) Assaults, (3) Denial of food or starvation,
(4) Prohibiting them from going out and
meeting any one, (5) Refusing visits to the
parents’ home, (6) Not permitting them to talk
with visitors from the parents’ home, and (7)
Locking them up in a room.” The problem of
dowry-death is not and cannot be a uni-causal
problem; it is the product of a complex multidimensional process.
Divorce
Divorce is the legal dissolution of marriage.
Divorce is distinguished from annulment,
which declares a marriage void from the time
of its celebration in some societies divorce is
rare, while in others a permanent union is
unusual. In most societies, public opinion tends
to be opposed to divorce, but in a few societies
social pressure serves to undermine the marital
relationship. The general public view of most
groups has been that divorce is unfortunate but
often necessary. One of the reasons for divorce
will be dowry. When a marriage is fixed some
considerable amount will be given as dowry,
by parents of the Bride, or will be asked by the
Bridegroom’s family members. But in many
cases the demanding for dowry will also
continue after the marriage. The parents who
101
are able to give will give. But many of the
parents are unable to give the demanded as a
result; harassments will take place by the
Bridegroom’s family. The Girl who is not able
to get dowry either she will appeal for divorce,
or her parents will appeal for divorce.
who are poor offer their young daughters to
very elderly persons.” Girls are forced to
marry undeserving men, aged persons or with a
man having one or two living wives or with
liquour-adicts as no dowry need to be given to
such persons
Bride Burning
Conclusion
Connected with the evil of dowry system is the
cruelty infected on a bride after marriage.
Brides are done to death or driven to late; the
phenomenon of dowry death has aroused much
public concern. Newspaper have printed
banner headlines, “Bride Burning – A Burning
Issue”. “Husband Held in Dowry case,”
“Dowry Death Rally Against Public Apathy,”
“Yet Another Dowry Death in the Capital and
the like,”
A number of unfortunate young women in the
society died of burning. The cause was mostly
their incapacity to bring the amount of cash or
things demanded by their husbands and in –
law during the first few years after their
marriage.
The harassment and violence against the bride
revolves around the demand for more and more
dowry and it continues till divorce or death of
the wife takes place. Since the divorce is put to
ridicule and looked down in the society,
therefore, death is preferred. Up tension of an
acute degree in the mind of the woman, so that
ultimately death becomes the last refuse for
her. A stranger in the family, young and
dependent, she may not be able to face the
harassment and as a result may put an end to
her life. Young brides and daughter – in – law
have become much prone to fire in wake of
intolerable torture and victimization. It is a
matter of shame that dowry deaths have
become a day to day phenomenon in the
society.
Other Problems
Child Marriage
Dowry demand will also lead to childmarriages. For an educated girl, the more
educated and qualified husband is needed.
This necessitates greater dowry. Thus the
parents prefer early marriages than to do so at a
later age with higher demand of dowry.”
Unequal Marriage
“Dowry is closely related to the financial
position of the parents of the girl, many people
In parental home daughter is regarded as the
trust property of the husband and father
nourishes her life a trustee so as to give her in
gift to the bridegroom in order to join the
husband’s family in the matrimonial home. A
bride may have hundreds of dreams of her
future life in the matrimonial home and
imagine it a heaven to serve the husband and
in-laws. Socio-economic changes have
completely tarnished the cultural heritage of
the society.
The earning of wealth from fair and foul means
created competition of purchasing competent
and suitable grooms. It created un healthy
competition of giving and taking dowry. Have
we lost our ancestral culture of worshiping
woman in a matrimonial home? Could we not
see beyond money and wealth? Is there no
value of virtue, quality and humanity of a note
bride entering her matrimonial home? Do the
incidents and occurrence of bride burnings not
alarm our human consciousness? If every
human heart becomes firm to eradicate the
social evil of giving and taking dowry, it is
certain that we will receive our golden cultural
heritage.
It is true that a social problem like dowry
cannot act, as legal measures along cannot curb
dowry problems. What is needed is a change of
attitude of society towards girls and boys. They
must be treated and be educated equally. Laws
are also needed to be stringently implemented.
The public voluntary organization and the
society as a whole should have to rise against
age old evil practice and make an effort to curb
this menace.
VARIOUS MEASURES
DOWRY SYSTEM
TO
ABOLISH
Introduction
With the advent of the British and the impact of
the western thought on the Indian sense, Indian
scholars and reformers began to bring about
reforms in social values. Raja Ram Mohan
Roy, Keshab Chandra Sen, Pandita Ramabai,
Jotiba Phule, Behramji, Malabai, Ishwar
102
Chandra Vidyasagar and Mahatma Gandhi
were the personalities who took interest in
condemning the dowry system.
Mahatma Gandhi said; “Any young man who
makes dowry a condition for marriage
discredits his education and his country and
dishonors woman hood. Young men who sail
their fingers with such ill-gotten gold should be
excommunicated from society.”
taking of dowry, he shall be punishable with
imprisonment for a term which shall not be less
than five years, and with fine which shall not
be less than fifteen thousand rupees or the
amount of the value of such dowry, whichever
is more: Provided that the court may, for
adequate and special reasons to be recorded in
the judgment, impose a sentence of
imprisonment for a term of less than five
years.
Jawaharlal Nehru appealed to the college girls:
“Our marriage laws and many of our out – of –
date customs which hold us back and specially
crush our women folk – will you not combat
them and bring them in line with modern
conditions?.... I charge you to keep that torch
of freedom burning brightly till it spreads its
luster all over this ancient and dearly loved
land of ours.”
(2) Nothing in sub – section (1) shall apply to,
or in relation to,
Measures Taken by the Government
(b) Presents which are given at the time of a
marriage to the bridegroom (without any
demand having been made in that behalf):
An attempt to control dowry through the
mechanism of law dated as far back as the
‘Sind Leti Deti Act, of 1939. The governments
in some states like Andhra Pradesh, Kerala,
Punjab and Bihar passed anti – dowry
legislations. After independence, “Bihar was
the first state to embark on legal restrictions on
dowry by enacting the Bihar Dowry Restraint
Act, 1950. In 1958, the state of Andhra
Pradesh enacted local, Dowry Prohibition Act.
The enactments of both Bihar and Andhra
Pradesh were later repealed in 1961 by the
central Legislation on the subject. In order to
combat this age old practice, the first uniform
law enacted by the central Legislature was the
Dowry Prohibition Act, 1961.”
“The Dowry Prohibition Bill was introduced in
the Lok Sabha on April 27, 1959 by the then
law Minister, A.K.Sen. Since the Bill was
passed by the Lok Sabha but rejected twice by
the Rajya Sabha, it was referred to the Join
select committee of both the Houses. It was
ultimately passed on May 20, 1961. The act
permits presents in the form of ornaments,
clothes and other articles not exceeding Rs.
2,000 in value. The Act exempted all Muslims
from its provisions while it brought all other
communities within its preview.”
Dowry Prohibition Act, 1961
Penalty for Giving or Taking Dowry
"(1) If any person after the commencement of
the Act, gives or takes or abets the giving or
(a) Presents which are given at the time of
marriage to the bride (without any demand
having been made in that behalf): Provided
that such presents are entered in a list
maintained in accordance with the rules made
under this Act:
Provided further that where such presents are
made by or on behalf of the bride or any
persons related to the bride, such presents are
of a customary nature and the value thereof is
not excessive having regard to the financial
status of the persons by whom or on whose
behalf such presents are given.”
Penalty for Demanding Dowry
If any person demands, directly or indirectly,
from the parents or other relatives or guardian
of bride, or bridegroom, as the case may be,
any dowry, he shall be punishable with
imprisonment for a term which shall not be less
than six months, but which may extend to two
years and with fine which may extend to ten
thousand rupees: Provided that the court may,
for adequate and special reasons to be
mentioned in the judgment, impose a sentence
of imprisonment for a term of less than six
months.
Ban on Advertisement
If any Person;
“(a)Offers, through any advertisement in any
newspaper, periodical, journal or through any
other media any share in his property or any
other money or both as a share in any business
or other interest as consideration for the
marriage of his son or daughter or any other
relative.
103
(b) Prints or publishes or circulates any
advertisements referred to in clause, he shall be
punishable with imprisonment for a terms
which shall not be less than six months, but
which may extend to five years, or with fine
which may extend to fifteen thousand rupees.”
Dowry to be for the Benefit of the Wife or
her Heirs
(1) Where any dowry is received by any person
other than the woman in connection with
whose marriage it is given. That person shall
transfer it to the woman.
(a) If the dowry was received before marriage,
within three months after the date of marriage,
or
(b) If the dowry was received at the time of or
after the marriage, within three months after
the date of its receipt; or
(c) If the dowry was received when the
woman was a minor, within three months after
she attained the age of eighteen years.
And pending such transfer shall hold it in trust
for the benefit of the woman.
(2) If any person fails to transfer any property
as required by sub – section (1) or as required
by sub – section (3), he shall be punishable
within imprisonment for a term which shall not
be less than six months, but which may extend
to two years or with fine which shall not be less
than five thousand rupees but which may
extend to ten thousand rupees or with both
(3) Where the woman entitled to any property
under sub – section (1) dies before receiving it,
the heir of the woman shall be entitled to claim
it from the persons holding it for the time
being.
Provided that where such woman dies within
seven years of her marriage, otherwise than to
natural causes, such property shall,
(a)If she has no children, be transferred to her
parents, or
(b)If she has children, be transferred to such
children and pending such transfer, be held in
trust for such children.
(3-A) Where a person convicted under sub –
section (2) for failure to transfer any property
as required by sub – section (3) has not, before
his conviction under that sub – section,
transferred such property to the woman entitled
there to or, as the case may be her heirs,
parents and children, the court shall, in addition
to awarding punishment under that sub –
section, direct, by order in writing, that such
person shall transfer the property to such
woman or, as the case may be, he heirs, parents
and children, within such period as may be
specified in the order, and if such person fails
to comply with the direction within the period
so specified, an amount equal to the value of
the property may be recovered from his as if it
were a fine imposed by such court and paid to
such woman, or, as the case may be, her heirs.
Cognizance of Offenses:
“Notwithstanding anything contained in the
code of criminal procedure code, 1973.
(a) No court inferior to that of metropolitan
magistrate or a judicial magistrate of the first
class shall try any offence under this act.
(b) No court shall take cognizance of an
offence under this act except upon(1) Its own knowledge or a police report of the
facts which constitute such offence, or
(2) A complaint by the person aggrieved by the
offence or a parent or other relative of such
person, or by any recognized welfare institution
or organization.
(c) It shall be lawful for a metropolitan
magistrate or a judicial magistrate of the first
class to pass any sentence authorized by this
act on any person convicted of any offence
under this act.”
Offences to be Cognizable for Certain
Purposes and to be Bilable and Non –
Compoundable
“(1) The code of criminal procedure, 1973 shall
apply to offenses under this Act as if they were
cognizable offences(a) For the purpose of investigation of such
offences: and
(b) For the purpose of Matters other thani. Matters referred to in Section 42 of that
code; and
ii. The arrest of a person without a warrant or
without any order of a Magistrate.
(2) Every offence under this Act shall be non –
bail able and non – compoundable.”
Burden of Proof in Certain Cases.
104
“Where any person is prosecuted for taking or
abetting the taking of any dowry under section
3, or the demanding of dowry under section 4,
the burden of proving that he had not
committed an offence under those sections
shall be on him.”
amendments in the Indian penal code, the code
of criminal procedure and the Indian Evidence
Act which were incorporated by the criminal
Law (Amendment) Act, 1983.”
The Bihar Dowry Restraint Act, 1950
Punishment for Taking Dowry
Dowry prohibition Officer
1. “The state Government may appoint as many
Dowry prohibition Officers as it thinks fit and
specify the area in respect of which they shall
exercise their jurisdiction and powers under
this act.
2. Every Dowry prohibition officers shall
exercise and perform the following powers and
functions, namely;
a. to see that the provisions of this Act are
complied with;
b. to prevent, as for as possible, the taking or
abetting the taking of, or demanding of, dowry;
c. To collect such evidence as may be
necessary for the prosecution of persons
committing offences under the Act; and
d. To perform such additional functions as
many are assigned to him by the state
Government, or as may be specified in rules
made under this Act.”
Demand for Dowry – a Criminal Offence of
Cruelty
We are noticing several cases of women dying
within few years of their marriage is
supercilious
and
totally
inexplicable
circumstances. These deaths have come to be
known as ‘dowry – deaths’. “When the
behavior of the husband and the in – laws may
be such that it drives the woman to commit
suicide, such acts are now covered by the
offence of cruelty. Similarly, harassment with
intention of coercing the woman or her family
to give property to the husband and his family
has been made an offence of cruelty. This is
indeed a salutary provision to deter the husband
and his relatives who have been indulging in
battering house wives.”
Measures Taken by The State Government
“The act has not been able to scale down the
social evil and the practice of demanding
dowry has an acute impact on the society.
Considering various cases of harassments by
the husband and the relatives of the husband,
the committee suggested for suitable
“Any person who takes dowry shall, on
conviction, be punishable with simple
imprisonment which may extent to six months
or with fine which may extended to the amount
or value of the dowry taken or with both.”
Punishment for Giving or Abetting the
Taking or Giving Dowry
“Any person who gives or abets the
taking or giving of dowry shall, on conviction
be punishable with simple imprisonment which
may extend to one month or with fine which
may extend to one thousand rupees or with
both.”
Trial of Offences
An offence under section 3 or section 4 shall be
non-cognizable and shall be liable by a
Magistrate of the first class.
Prosecution not to Commence Against any
Person without Notice to Show Cause
“No prosecution shall be commenced in respect
of any offence punishable under this Act,
unless the Court has given the person
proceeded against a chance to show cause,
within such time as may be specified in the
notice why he should not be prosecuted.”
Penalty for Demanding Dowry
If any person after the commencement of this
Act, demands directly or indirectly from the
parents or guardian of a bride or bridegroom, as
the case may be, any dowry, he shall be
punishable with imprisonment which may
extend to six months and with fine which may
extend to fine thousand rupees: provided that
no court shall take cognizance of any offence
under this section except with the previous
sanction of the state Government or of such
officer as the state Government , may be
general or special order specify in this behalf.”
Andhra Pradesh Dowry prohibition Act,
1958
Giving or Taking Dowry to be Unlawful
105
1, Notwithstanding any law, customs or usage
to the contrary, the giving or taking of dowry
shall be unlawful.
2, Any agreement for the giving or taking of
dowry or any transaction in that regard shall be
void.”
Power to Make Rules
“1, The state Government may be, by
notification
in
the
Andhra
Pradesh
Gazette
make rules for carrying out all or
any of the purpose of this Act.
2, All rules made under this section shall be
laid on the table of the Legislative Assembly as
soon as possible after they are made, and shall
be subject to such modification, whether by
way of repeal or amendment as that Assembly
may make within fourteen days thereafter
during the session in which they are so laid.”
Haryana Dowry prohibition Act 1976
Bar or Certain Acts
“Bar of certain acts-no person shall-
2) The court trying on offence under clause (f)
of section 3 relating to conjugal rights may, at
any stage of the proceedings, on the execution
of a bond by the husband undertaking not to
demand dowry and to allow conjugal rights to
the wife, drop the proceedings.
3) Any proceedings dropped under sub –
section (2) shall receive of the court in satisfied
on an application made by the wife in this
behalf, that the husband has afraid to carry out
the undertaking or has otherwise acted contrary
to the terms of the bond and thereupon the
court shall proceed with the cause from the
stage at which it was dropped:
Provided that no application under this sub –
section shall be entertained if it is made after
the expiry of a period of three years from the
date on which the proceedings were dropped.
4) The country may direct that the fine, if any,
imposed for the convention of clause (f) of
section 3 or such portion thereof, as the court
may deem proper, shall be paid to the wife.”
Orissa Dowry Prohibition Act 1976
a, give or take or abet the giving or taking of
dowry;
b, demand directly or indirectly, from the
parents or guardians of a bride or bridegroom,
as the case may be , any dowry: exceeds five
thousand rupees:
c, incur marriage expenses the aggregate value
where of exceeds five thousands rupees;
d, display any gifts made at or before the
marriage in the form of cash, ornaments,
clothes or other articles;
e, take or carry in excess of –
i) twenty five members of the marriage party;
and
ii) Eleven members of the band;
f, deny conjugal rights to his wife on the
ground that dowry has not been given or the
dowry given insufficient.”
Penalty
“1) If any person contravenes any of the
provisions of section 3, he shall be punishable
with imprisonment which may extend to six
months and with fine which extend to five
thousand rupees.
Penalty for Denial of Conjugal Right by the
Husband
“1) If any persons denies conjugal rights to his
wife on the ground that dowry has not been
given or on the ground that the dowry given is
insufficient, he shall be punishable with
imprisonment which may extend to one year,
or with fine which may extend to ten thousand
rupees or with both.
2) The court trying an offence under this
section may at any stage f the proceedings, on
the execution of a bond by the husband
undertaking not to realize the dowry or any
potion thereof, as the case may be and to allow
conjugal rights to the wife, drop the
proceedings.
3) Any proceedings dropped under sub- section
(2) shall receive of the court in satisfied, on an
application made in that behalf by the wife that
the husband has failed to carry out the
undertaking or has otherwise acted contrary to
the terms of the bond, and thereupon the court
shall proceed with the case from the stage at
which it was dropped.”
Where soon after marriage the husband and in
– laws started making new demands for dowry
and when they were not met, the wife was
thrashed, beaten – up and turned out of the
106
house. The Orissa High Court found that the
wife was harassed by making demands of
dowry.
In a case, where wife made a dying declaration
that she and her parents were harassed by
husband and his family members for money,
the Supreme Court held that the husband and
father – in – law are liable to conviction under
Section 498 – A for harassment of dowry.
The echo of the Supreme Court’s secession was
found in Sudam V. State of Maharashtra. In
this case there was a dying declaration of a
wife showing that because of continuous ill –
treatment at the hands of the husband she had
left no alternative except to end her own life.
The Bombay High Court held that maximum
punishment permissible under Section 498 – A
on the husband by the trial court is justified
since this case fulfilled all the ingredients of
cruelty. Recently, a Division Bench of the
Allahabad High Court in Indrawati V. Union of
India, opined that “Neither Section 498 – A
I.P.C. nor Section 3 and 4 of the Dowry
Prohibition Act, are ultra a vires of Articles 14,
19, 21 and 22 of the Constitution of India.
Inference to be Drawn from the Past Event
of Cruelty
As regards the violence towards women, the
burden of proof has now shifted from
prosecution to the accursed, by the criminal
Law (Second Amendment) Act, 1973, which is
a total departure from fundamental rules of
evidence. The guilt of accused is presumed if
the death of woman is caused within seven
years of marriage and if cruelty against such a
woman at the hands of the husband is
established. However, the accused is at his
liberty to prove his innocence, though he is not
entitled to benefit of doubt under the Evidence
Act.
By Section 113 – A, the Legislature has
channelised and focused the attention of the
court that it can raise a presumption of
abetment against the person named therein if it
is shown that a woman had committed suicide
within a period of seven years from the data of
her marriage when proved that they had
subjected her to cruelty of the kind mentioned
in Section 498 – A of the Penal Code.
The Andhra Pradesh High Court speaking
through Justice Radhakrishna Rao observed
that:
the construction of Section 113 – A clearly
discloses that if a cruelty within the meaning of
Section 498 – A I.P.C., committed on a
married woman drives her to commit suicide or
do cause grave injury or danger to life, limb or
health, the persons guilty of such willful
conduct is liable for punishment. The act of
suicide or causing grave injury or danger to her
life is meant as a result of the past events. The
court after considering the finding further
observed that in such cases the deterrent
sentence is called for and thus found husband
and mother – in – law liable to conviction
under Section 498 – A I.P.C.”
Some Measures for Eradication of the Evil
To Bring About Rapprochement
“What is needed is marriage counselors to
bring about a rapprochement between the
estranged parties in a matronly of the
marriages. Many death could be prevented of
some could befriend these unfortunate women
in their agitated emotional state.”
Many times when women are depressed
because they are unable to bring the demanded
dowry due to it they want to end up their lives
if there has been someone who could help and
guide her, suicide among women based on
Dowry problem will come down.
Establishment of Separate Courts;
To deal with the case of dowry and bride –
burning, separate courts may be established.
These would contribute to the speedy and
efficient disposal of dowry death cases. It will
lead to the promotion of “trends”. “If the judge
is acquittal – minded about such cases, all
offenders in such cases may get off lightly. If
he is, on the other hand, in favor of exemplary
punishment, the fate of the accused would be
sealed. It is therefore, necessary that a large
number of judges should deal with such
cases.”
Law More Effective
What is needed more is to make court
proceedings time bound and to amend the law
to make it more effective, particularly by
giving recognition not only to written but oral
dying declarations made in the presence of a
doctor or a police officer or a magistrate or any
respectable citizen. Neighbors who can really
vital witnesses should come forward more
107
often and be
declaration.”
involved
in
a
dying
Justice delayed is justice denied appears true as
the law authority even has not made any effort
for quick disposal or expeditious decision.
This situation will certainly stimulate the
antisocial
elements
of
the
society,
psychologically to proceed for such crime as
justice is more delayed. The delayed justice
will automatically spoil the situation of witness
as most of the witnesses will lose sympathy
towards the victims as time – lag, is the
greatest healer. The witnesses may also move
from previous place to other place for their
convenience. In such cases the court seldom
cares to locate such witnesses after lapse of
time.
“The time – lag and delayed justice do not
impose confidence in people in the
effectiveness of the justice, and therefore in
most of the cases police is not reported. Such
cases are dealt with by the Govt. Pleader and
generally victims are not required to appoint
their own lawyers. If people want to appoint
the competent lawyers to defend the case, it is
not always possible to bear the financial burden
by the poor. Our social – moral values have
become so much questionable that to get proper
justice appears to be doubtful for the poor
masses. In this context statement made by
Justice Iyer (1973) is quite significant, “Indian
Law system is administered and shaped by the
British Pattern not wholly indigenous or
agreeable to Indian conditions, scaring away or
victimizing the weak through slow motion
justice, high priced legal a service, long
distance delivery centre, mystiques legaless
and Lacunae’s.”
Thus it is evident that though there are legal
provisions against violence to women with the
recent amendments filling the gaps of legal
Lacunae, still the gab in vast between theory
and practice. As far as the enforcement of law
is concerned gaps still remain to be plugged.
There are administrative, socio – economic and
cultural constraints which come in the way of
effective enforcement of laws.”
Legislation often becomes impotent because
those it seeks to help are the ones who violate it
and hang on to age-old customs out of fear of
social censure or a misplaced loyalty to
traditional values. What is called for is a multifaced attack on the deep-rooted and widely
prevalent exploitation of women through a reeducation of masses, social boycott of those
who give or take dowry, establishment of
Family Courts that investigate crimes against
women without going into complicated and
long-drawn procedures, heavy taxation on
lavish weddings and trained social workers and
organizations that come to the aid of the
aggrieved women. Highlighting the tragedy of
dowry-deaths through mass-media and
concerted and persistent effort at individual and
group levels can slowly nibble away the evil
net.
Change of Attitude
As far as the administrative constrains are
concerned the investigations process and the
trial is to lethargic and time taking that people
lose faith in it. In fact in many cases crime
against women is not reported immediately. If
reported, it is not recorded properly by the
police officers due to enzymatic towards
women involvement of elite groups, the
politicization of the civil and police – service
or on any other pretexts. Under such
circumstances the witness are usually won over
by accused persons or can become hostile.
In most of the case of bride – burning junior
police officers investigate the case that may be
more susceptible to be influenced by the local
elite class. Section 174 (3) of Cr. P. C.
provides for the postmortem by a civil surgeon
or qualified doctor no doubt. But the situation
of postmortem is well known to everybody as
to how it is done and the circumstances under
which it is done in ill-equipped hospitals.
Women’s Awareness
Women should be more aware of their legal
rights as Sachidananda Sinha have observed
that even after several decades of the
introduction to of social legislation, very few
women know the legal rights and are unable to
enumerate provisions incorporated in these
nights. Hence there is more need for the
voluntary organizations from grass-root level to
upper most strata of societ. They can play the
role of “pressure group” and information
agencies
to
mobilize
Government,
administrators and society to raise voice
against violence to women.
Legal Literacy
Legal literacy should be provided at school and
college level. School and collage curriculum
108
can have a short course on legal literacy. For it
"Para Legal workers like social workers,
community teachers and local leaders should
be trained. To spread legal literacy the Family
court should be set up in slum areas and centers
of poverty.”
Mass Media
The roles of the main mass media is also very
significant, they play a vital role in mobilizing
public – opinion against social evils. “A
sustained campaign should be conducted
through the communication media such as
Radio, Television, and Newspapers to arouse
the consciousness of the public against the
dowry system and help eradicate this social
evil.”
Change of Society
The cause of violence against women staring
from the socio – economic and cultural set up
of Indian society should be changed. “Although
the Hindu succession Act (1955) provides
equal share of property to daughters in parental
property, but tradition hardly dies and the net
result is subjugation of Women. The entire
socialization process of Indian Psyche is so
much deeply rooted to male chauvinism that
this Act has remained a page of law books
only. In many cases neither the parent care the
rightful heir ship to their daughters, nor the
daughters claim for it nor consequently girls
become the victim of dowry and cruelly at their
in - laws hands.” Due to economic dependency
on the husband and their in – laws women are
at the mercy of their in – laws and are forced to
tolerate suffering and torture. Marx is quite
right in his saying that, “the emancipation of
women and the equality with men are
imposable and must remain so as long as
women are excluded from socially productive
works and are restricted to house hold work
which is private.” Women too should change
their attitude. They should not consider
themselves as burden. This can only be done
by a creative, rather than conservative approach
in the planning of a new type of society and
economy which will contribute immensely to
the cause of women’s emancipation. The first
step in this direction by the State can be the
reservation of economic opportunities for
female according to their population.
Abetment to Suicide
Abetment in defined in section 107 of the
Indian Penal Code by way of the amendment
which came into force on the December 25,
1985. Section 113 – A was inserted in the
Evidence Act by which it raises a presumption
in respect of abetment of suicide in case two
conditions are fulfilled. The first condition is
that the woman who commits suicide was
married within a period of seven years
immediately preceding the commission of
suicide the second condition is that she was
subjected to cruelty by her husband or by any
relative of the husband.
“1) Section 306 of IPC:
Abetment of suicide If any person commits
suicide, whoever abets the commission of such
suicide, shall be punished with imprisonment
of either description for a term which may
extent to 10 years, and shall also be liable for
fine.
2) Section 107 of IPC:
Abetment of thing – A person abets the doing
of a thing who first – instigates any person to
do that things or secondly – engages with one
or more other person or persons in any
conspiracy for his doing of that thing, of an act
or illegal omission takes place in pursuance of
that conspiracy, aid in order to the doing of that
thing; or thirdly – intentionally aids, by any act
or illegal omission the doing or that things.
Creating
Education
Public
Opinion
Through
The co-operation of the people can be sought
only by creating public opinion. A single man
may not be controlled by the law but when a
large number of people are penalized, the law
is in the stronger position. The success of all
social legislation depends upon the support of
the general public. Or; it may be said that
social understanding is the first requisite to
solve the problem.
And this social
understanding may be created by bringing the
evils of dowry to the notice of the people
through moral as well as formal education. No
doubt, there are cases in which it is found that
educated people demand more dowries.
Education, instead of mitigating the evil has
worsened it to a scandalous proportion. “Many
a time we come across certain advertisements
in the matrimonial columns in the newspapers
which clearly shows that some people demand
high dowry only to persecute their studies
109
further. Education does not mitigate the evil
but worsens it. Even then, the idea holds well
that dowry custom can be abolished only
through social and legal literacy. Education
broadens the minds and widens the outlook of
the people.”
Initiative by Youth
Youth should be taught the importance of new
social values. It is only after education that
boys and girls will take some initiative towards
its abolition. Whether the initiative comes
from boys or girls, what is needed is some
action. Though there are persons who strongly
feel that the initiative should come from boys
but then there are others who say that it should
come from girls, and yet there are some who
hold that it should come from both jointly. “In
one survey conducted by Swaran Aurora, out
of 75 persons studied, 42.6 per cent were of the
opinion that the initiative should come from the
boy’s side. 14.6 per cent wanted it from the
girls’ side, and 30.6 per cent wanted that it
should come from both sides. There were 12.0
per cent who believed that boys and girls can
do nothing. But it appears that the initiative
can be taken better by the girls. The educated
girls can exercise their right to select their
husbands, spurning the advice and the
interference of their patents and relatives in the
matter. The girls can refuse to marry who
insist on dowry.
Propaganda and Public Enlighten
The change in the ideas of the people can be
brought about by propaganda too. There are
various media of propaganda which can be
used to bring to the mind of the people the illeffects of dowry; for example, TV, Radio,
Movies, Novels, Dramas, Newspapers, Public
speeches, and so on. Of course, to make
propaganda effective in this particular
direction, we have to use particular media for a
particular class of people. “If people are
illiterate, TV, radio, dramas and movies have to
be used more, but if people are educated,
novels and newspapers will serve the purpose
better. Voluntary associations can be formed to
make propaganda against the evils of dowry;
others assert that voluntary associations as well
as government should take the movement in
hand together.”
Inter – Caste Marriages
There is one school of thought that suggests
that inter-caste marriage should be encouraged
because they will help in solving the problem
of dowry. For encouraging the inter – caster
marriages, boys and girls have to be given
‘self-choice’ opportunity in selecting their life
– partners have not to emphasize much on the
custom of ‘marriage by parental arrangement’
but have to permit a freer mingling of sexes
with a view to giving young boys and girls
control over their destinies.
Formation of Women’s Organization
Women’s organizations should come forward
to help and reinstate victims of unhappy
marriages especially where dowry is the prime
cause for harassment. This will prevent the
helpless brides from taking their own lives, as
well as, give courage to families who feel that
divorce is a social stigma.
Reorientation in the Educational Pattern
A reorientation in the educational pattern needs
to be brought about. No longer should the
silent, suffering Sati-Savitri be help up as a
model but instead, woman should be given her
due dignity and honour in a democratic society
in India. Films, plays and articles should be
written with this in mind.
Equal Opportunities should be Given
Parents should inculcate in their children
especially their daughters, an appreciation of
their own worth. Equal opportunities should be
given to boys and girls and the treatment meted
out to both within the home should be the
same. The dignity of labour and ability to
perform simple household tasks will hold both
boys and girls in good stead. The young men
and women of tomorrow should be trained to
face life as partners and not as superiors and
inferiors.
Some Other Measures for Eradication of the
Evil
1. Though every parent realizes that dowry is a
social evil and need be curbed, but neither the
parents are in a position to ex pose that they
give dowry for they would not like to be
disgraced in public but also held guilty under
the Dowry Prohibition Act. This attitude should
change.
2. Government servants who either demand or
receive dowry should be subject to strict
disciplinary action.
110
3. No suspicion certificates should be
demanded from the parents in – law of a girl
who died within seven years of marriage.
4. Weddings should be solemnized in a simple
manner, so that the parents do not have to feel
the financial pinch.
5. The Dowry Prohibition Act should be
enforced strictly – its many loopholes should
be corrected. Dowry offenders should be
publicly exposed and punished in the form of
imprisonment of fines.
6. Lavish expenditure and show of wealth at
weddings should be criticized. Educated young
men and women should be made to realize that
the exchange of money and goods in their
names is a personal affront to their intrinsic
worth.
7. To extend the protection to women in the
matrimonial home, a new offence – the offence
of cruelty to wife by her husband or in – law
has been inserted in the Indian Penal Code. In
our country, judiciary is also responsive to the
situation and it has grabbed every opportunity
to pronounce firmly against this evil. The
Punjab & Haryana High Court observed:
Conclusion
Laws that cannot be enforced only foster a
general disrespect of law. This very criticism
was given by P.N.Sapru (a former judge of
Allahabad High Court and the then member of
parliament) in the parliament on August 21,
1959 when the Dowry prohibition Bill was
being discussed in the Rajya Sabha. He had
described the Bill as ‘ridiculous’ and went to
the extent of suggesting its withdrawal. He
said that it will do no good to pass legislation
which cannot be enforced.
Such legislation will only bring law into
contempt. Even the government was skeptical
about its efficacy. The then Deputy Law
Minister, Hajarnavis had said. “It will almost
be next to impossible to prove an offence under
the Bill because no parent is going to blight the
future of his daughter by making a complaint
that dowry has been extracted from him.”
The evils of dowry thus cannot be eradicated
by legislation alone. No law can be enforced
without the whole-hearted co-operation of the
people. Enacting a law no doubt sets a patterns
of behavior, activates social con-science, and
render some assistance towards the efforts of
social reformers in getting it abolished but we
cannot eradicate the evil itself unless the people
carry the philosophy behind the law much
further.
General conclusion
The women population in India according to
2001 census is about 500 million, which is
nearly 50 percent of India's total population.
Despite such a huge margin, the status of
Indian women in society is not very pleasant.
The question is why?. Human beings are born
equal but are never treated equally. Unequal
treatment to women or the gender bias is not a
new phenomenon. Our mythology, if referred
to, shows us the gender bias that was prevalent
in India.
It may be concluded that the abolition of the
custom of dowry would be a landmark toward
social reform. With whatever intentions this
custom may have been started, it cannot be
denied that it has failed to recognize women as
human-beings with emotions, feelings and a
separate identity. Rather, it considers them as
pieces of valuable property and as sources of
income for the further upliftmeent of the
groom’s family. This great injustice has got to
be stopped, whether it be by education,
propaganda,
welfare
associations,
or
legislation. When we find even highly
educated and foreign-returned young men not
averse to the idea of dowry, the limit has been
reached.
We have become permitted this evil to
disfigure the face of our society long enough.
The time has come for it to be scrapped root
and branch. Unless we become more
progressive in our outlook, less orthodox in our
ways, and more revolutionary in our ideas,
dowry will remain the bane of our society. It is
only on the wheels of understanding and a
sense of co-operation that the chariot of society
can move smoothly. Unfortunately, marriage
nowadays, in spite of its veneer of religious
sanction, has been degraded to the level of
market commodity.
Marriage settlements start not with selecting
boys and girls of character, high aspirations,
and modern values but with dowry. Hence, it
is now high time for the Hindu society to
commit suicide. One should not forget that
marriage is a sacrament and not a business
111
deal. The sacred institution of marriage has
been debated by this vicious practice. When a
girl is accepted not from her virtues but for the
money she brings and when the dowry she
brings is the be-all and end-all of the
transaction, the marriage loses all sanctity and
sublimity. The sooner the dowry becomes the
thing of the past, the better for our society. The
problem of dowry demand is not merely one of
a family demanding cash and goods beyond the
capacity and desire of another family to give
but rather a question of the inter relatedness of
psychological, social and economic factors. As
one reads the shocking story of individual
woman and families, one notice that there is
very little and often no awareness among them
of the roots of the problem or any motivation to
curb the practice and bring about a much
needed social change. This can be attributed to
an internalization of prevailing particular
values which view women as inferior and
having only themselves to blame for their
predicament. It seldom sees them as victims of
a particular form of oppression or of socially
prevalent sex biases.
The burden of tradition, a prevailing ideology
of male superiority, an insensitive police force,
and archaic judicial system and a society that
condones violence creates a chamber of horror
where even angels would fear to tread.
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