Dowry death

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Dowry deaths are deaths of married women who are murdered or driven to suicide over disputes about dowry. Dowry deaths are found predominantly in India, [1] Pakistan, [2] Bangladesh, and Iran. [3] [4] [5]

Contents

India reports the highest total number of dowry deaths with 8,391 such deaths reported in 2010, meaning there are 1.4 deaths per 100,000 women. Female dowry deaths account for 40 to 50 percent of all female homicides recorded annually in India, representing a stable trend over the period 1999 to 2016. [6] Pakistan is predicted to have nearly 2000 dowry deaths occur every year. [7] [8]

India

Dowry deaths relate to a bride's suicide or killing committed by her husband and his family soon after the marriage because of their dissatisfaction with the dowry. It is typically the culmination of a series of prior domestic abuses by the husband's family. [9] [10] Most dowry deaths occur when the young woman, unable to bear the harassment and torture, commits suicide. Most of these suicides are by hanging, poisoning or by fire. Sometimes the woman is killed by being set on fire by her husband or inlaws; this is known as "bride burning", and is sometimes disguised as suicide or accident. Death by burning of Indian women has been more frequently attributed to dowry conflicts. [11] In dowry deaths, the groom's family is the perpetrator of murder or suicide. [12]

India has by far the highest number of dowry-related deaths in the world according to Indian National Crime Record Bureau. In 2012, 8,233 dowry death cases were reported across India. [1] Dowry issues cause 1.4 deaths per year per 100,000 women in India. [13] [14] [15]

According to a 1996 report by Indian police, every year it receives over 2,500 reports of bride-burning. [16] The Indian National Crime Records Bureau (NCRB) reports that there were 8,331 dowry death cases registered in India in 2011. [1] Incidents of dowry deaths during the year 2008 (8,172) have increased by 14.4 per cent over the 1998 level (7,146), [17] while India's population grew at 17.6% over the 10-year period. [18] The accuracy of these figures have received a great deal of scrutiny from critics who believe dowry deaths are consistently under-reported. [19]

Dowry deaths in India are not limited to any specific religion. [20]

Prohibition

The Dowry Prohibition Act of 1961 prohibits the request, payment or acceptance of a dowry, "as consideration for the marriage", where "dowry" is defined as a gift demanded or given as a precondition for a marriage. Gifts given without a precondition are not considered dowry, and are legal. Asking or giving of dowry can be punished by an imprisonment of up to six months, or a fine of up to 5,000 (US$63, £52 or A$90). It replaced several pieces of anti-dowry legislation that had been enacted by various Indian states. [21] Murder and suicide under compulsion are addressed by India's criminal penal code.

Indian women's rights activists campaigned for more than 40 years for laws to contain dowry deaths, such as the Dowry Prohibition Act 1961 and the more stringent Section 498a of Indian Penal Code (enacted in 1983). Under the Protection of Women from Domestic Violence Act 2005 (PWDVA), a woman can put a stop to the dowry harassment by approaching a domestic violence protection officer. After conducting field research, Shalu Nigam questioned the effectiveness of these laws, writing, "courts frequently ended up offering them compulsory counseling, which entails undesired results and narrow options," and noting "Laws could neither address the immediate needs of victims nor could offer practical remedies in terms of medical aid, short-stay homes, creche facilities, psychological support, shelter homes or economic or material assistance to the women which they need the most." [22]

Although Indian laws against dowries have been in effect for decades, they have been largely criticised as being ineffective. [23] The practice of dowry deaths and murders continues to take place unchecked in many parts of India and this has further added to the concerns of enforcement. [24]

Pakistan

In Pakistan, the giving and expectation of a dowry (called Jahez) is part of the culture, with over 95% of marriages in every region of Pakistan involving transfer of a dowry from the bride's family to a groom's family. [25]

Dowry deaths have been rising in Pakistan for decades. [26] [27] [28] Dowry-related violence and deaths have been widespread since Pakistan became an independent nation. [29] [30] [31] Pakistan is predicted to have nearly 2,000 dowry-related deaths per year. [32] [33]

There is some controversy on the dowry death rates in Pakistan. Some publications suggest Pakistan officials do not record dowry deaths, and that the death rates are culturally under-reported and may be significantly higher. For example, Nasrullah reports total average annual stove burn rates of 33 per 100,000 women in Pakistan, of which 49% were intentional, or an average annual rate of about 16 per 100,000 women. [34] [35] [36]

Pakistan's Dowry and Marriage Gifts (Restriction) Bill, 2008, restricts dowry to PKR 30,000 (~US$300) while the total value of bridal gifts is limited to PKR 50,000. [37] The law made demands for a dowry by the groom's family illegal, as well as public display of dowry before or during the wedding. However, this and similar anti-dowry laws of 1967, 1976 and 1998, as well as Family Court Act of 1964 have proven to be unenforceable. Activists such as SACHET, Pakistan claim the police refuse to register and prosecute allegations of dowry-related domestic violence and fatal injuries. [38]

Various military and democratically elected civil governments in Pakistan have tried to outlaw traditional display of dowry and expensive parties (walima). One such attempt was the Act of 1997, Ordinance (XV) of 1998 and Ordinance (III) of 1999. These were challenged in the Supreme Court of Pakistan. The petitioner cited a number of hadiths under religious Sharia laws to demonstrate that Islam encouraged walima and related customary practices. The petitioner claimed that the Pakistan government's effort to enact these laws are against the injunctions of Islam. The Supreme Court ruled these laws and ordinances unconstitutional. [38]

Bangladesh

In Bangladesh, dowry is called joutuk (Bengali: যৌতুক), and a significant cause of deaths as well. Between 0.6 and 2.8 brides per year per 100,000 women are reported to die because of dowry-related violence in recent years. [39] [40] The methods of death include suicides, fire and other forms of domestic violence. In 2013, Bangladesh reported 4,470 women were victims of dowry-related violence over a 10-month period, or dowry violence victimized about 7.2 brides per year per 100,000 women in Bangladesh. [3]

Iran

Dowry is an ancient custom of Persia, and locally called jahâz (sometimes spelled jahiziyeh). [41] [42] Dowry-related violence and deaths in Iran are reported in Iranian newspapers, some of which appear in English media. [43] Kiani et al., in a 2014 study, report dowry deaths in Iran. [5] Iranian director Maryam Zahirimehr's 2018 film "Endless?" addresses trauma related to a dowry death in Iran. [44]

International efforts at eradication

Reports of incidents of dowry deaths have attracted public interest and sparked a global activist movement seeking to end the practice. Of this activist community, the United Nations (UN) has played a pivotal role in combating violence against women, including dowry deaths.

United Nations

The United Nations has been an advocate for women's rights since its inception in 1945, explicitly stating so in its Charter's Preamble, [45] the Universal Declaration of Human Rights [46] (adopted in 1948), the International Covenant on Civil and Political Rights [47] (adopted in 1966), the International Covenant on Economic, Social and Cultural Rights [48] (also adopted in 1966) (these three documents are known collectively as the International Bill of Rights [49] ) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) [50] (2012).

The United Nations Children's Fund (UNICEF), though predominately focused on improving the quality of education available to children globally, has also taken a proactive stance against dowry death. On March 9 (International Women's Day), 2009, at a press conference in Washington D.C., UNICEF's Executive Director, Ann M. Veneman, publicly condemned dowry deaths and the legislative systems which allow the culprits to go unpunished. [51] In 2009, UNICEF launched its first Strategic Priority Action Plan for Gender Equality, which was followed by a second Action Plan in 2010. The aim of these plans has been to make gender equality a higher priority within all international UNICEF programs and functions. [52]

Private organizations

Amnesty International, in an effort to educate the public, has cited dowry deaths as a major contributor to global violence against women. [53] Also, in their annual human rights evaluations, Amnesty International criticizes India for the occurrences of dowry deaths as well as the impunity provided to its perpetrators. [54]

Human Rights Watch has also criticized the Indian government for its inability to make any progress towards eliminating dowry deaths and its lackluster performance for bringing its perpetrators to justice in 2011. [55] In 2004, the Global Fund for Women launched its "Now or Never" funding project. This campaign hopes to raise funds domestically and consequently finance the efforts of feminist organizations across the globe – including Indian women's rights activists. As of 2007 the Now or Never fund has raised and distributed about $7 million. [56]

A relatively smaller organization, V-Day, has dedicated itself to ending violence against women. By arranging events such as plays, art shows, and workshops in communities and college campuses across the United States, V-Day raises funds and educates the public on topics of gender-based violence including dowry death. [57] Full-length plays on dowry deaths include 'The Bride Who Would Not Burn' [58]

See also

Related Research Articles

A dowry is a payment, such as property or money, paid by the bride's family to the groom or his family at the time of marriage. Dowry contrasts with the related concepts of bride price and dower. While bride price or bride service is a payment by the groom, or his family, to the bride, or her family, dowry is the wealth transferred from the bride, or her family, to the groom, or his family. Similarly, dower is the property settled on the bride herself, by the groom at the time of marriage, and which remains under her ownership and control.

Child marriage is a marriage or domestic partnership, formal or informal, between a child and an adult, or between a child and another child.

<span class="mw-page-title-main">Women in India</span> Overview of the status of women in India

The status of women in India has been subject to many changes over the time of recorded India's history. Their position in society deteriorated early in India's ancient period, especially in the Indo-Aryan speaking regions, and their subordination continued to be reified well into India's early modern period.

Bride burning is a form of domestic violence practiced in countries located on or around the Indian subcontinent. A form of dowry death, bride-burning occurs when a woman is murdered by her husband or his family for her family's refusal to pay additional dowry. The wife is typically doused with kerosene, gasoline, or other flammable liquid, and set alight, leading to death by burning. Kerosene is often used as the cooking fuel for small petrol stoves, some of which are dangerous, so it allows the claim that the crime was an accident. It is most common in India and has been a major problem there since at least 1993.

A love marriage is one which is driven solely by the couple, with or without consent of their parents, as opposed to arranged marriage. While there is no clear definition of love marriage, the term was in common use globally during the Victorian era. It is still used in the Commonwealth countries of India, Pakistan, Bangladesh and Sri Lanka, as well as Nepal and Egypt.

<span class="mw-page-title-main">Forced marriage</span> Being married without consenting

Forced marriage is a marriage in which one or more of the parties is married without their consent or against their will. A marriage can also become a forced marriage even if both parties enter with full consent if one or both are later forced to stay in the marriage against their will.

<span class="mw-page-title-main">Violence against women</span> Violent acts committed primarily against women and girls

Violence against women (VAW), also known as gender-based violence and sexual and gender-based violence (SGBV), are violent acts primarily or exclusively committed by men or boys against women or girls. Such violence is often considered a form of hate crime, committed against women or girls specifically because they are female, and can take many forms.

<span class="mw-page-title-main">Human rights in Bangladesh</span>

Human rights in Bangladesh are enshrined as fundamental rights in Part III of the Constitution of Bangladesh. However, constitutional and legal experts believe many of the country's laws require reform to enforce fundamental rights and reflect democratic values of the 21st century.

An honor killing, honour killing, or shame killing is the murder of an individual, either an outsider or a member of a family, by someone seeking to protect what they see as the dignity and honor of themselves or their family when they think that the individual has violated their or their family's reputation. Honor killings are often connected to religion, caste, other forms of hierarchical social stratification, or sexuality. Most often, it involves the murder of a woman or girl by male family members, due to the perpetrators' belief that the victim has brought dishonor or shame upon the family name, reputation or prestige. Honor killings are believed to have originated from tribal customs. They are prevalent in various parts of the world, especially in MENA countries, the Philippines, and the Indian subcontinent especially in India, Pakistan and Nepal, as well as in immigrant communities in countries which do not otherwise have societal norms that encourage honor killings. Honor killings are often associated with rural and tribal areas, but they occur in urban areas as well.

Crime in India has been recorded since the British Raj, with comprehensive statistics now compiled annually by the National Crime Records Bureau (NCRB), under the Ministry of Home Affairs (India).

Gender inequality in India refers to health, education, economic and political inequalities between men and women in India. Various international gender inequality indices rank India differently on each of these factors, as well as on a composite basis, and these indices are controversial.

Arranged marriage is a type of marital union where the bride and groom are primarily selected by individuals other than the couple themselves, particularly by family members such as the parents. In some cultures, a professional matchmaker may be used to find a spouse for a young person.

<span class="mw-page-title-main">Acid attack</span> Form of violent assault

An acid attack, also called acid throwing, vitriol attack, or vitriolage, is a form of violent assault involving the act of throwing acid or a similarly corrosive substance onto the body of another "with the intention to disfigure, maim, torture, or kill". Perpetrators of these attacks throw corrosive liquids at their victims, usually at their faces, burning them, and damaging skin tissue, often exposing and sometimes dissolving the bones. Acid attacks can lead to permanent, partial, or complete blindness.

<span class="mw-page-title-main">Domestic violence in India</span>

Domestic violence in India includes any form of violence suffered by a person from a biological relative but typically is the violence suffered by a woman by male members of her family or relatives. Although Men also suffer Domestic violence, the law under IPC 498A specifically protects only women. Specifically only a woman can file a case of domestic violence. According to a National Family and Health Survey in 2005, total lifetime prevalence of domestic violence was 33.5% and 8.5% for sexual violence among women aged 15–49. A 2014 study in The Lancet reports that although the reported sexual violence rate in India is among the lowest in the world, the large population of India means that the violence affects 27.5 million women over their lifetimes. However, an opinion survey among experts carried out by the Thomson Reuters Foundation ranked India as the most dangerous country in the world for women.

Rape is the fourth most common crime against women in India. According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered. Of the total 31,677 rape cases, 28,147 of the rapes were committed by persons known to the victim. The share of victims who were minors or below 18 – the legal age of consent – stood at 10%.

Domestic violence in Pakistan is an endemic social and public health problem. According to a study carried out in 2009 by Human Rights Watch, it is estimated that between 10 and 20% of women in Pakistan have suffered some form of abuse. Women have reported attacks ranging from physical to psychological and sexual abuse from intimate partners. A survey carried out by the Thomson Reuters Foundation ranked Pakistan as the sixth most dangerous country for women while India ranked 1st as the most dangerous country for women. Given the very few women's shelters in the country, victims have limited ability to escape from violent situations.

<span class="mw-page-title-main">Violence against women in India</span> Public health issue of violent acts against women

Violence against women in India refers to physical or sexual violence committed against a woman, typically by a man. Common forms of violence against women in India include acts such as domestic abuse, sexual assault, and murder. There are several forms of violence against women, murder, female infanticide, sexual crimes, acid throwing, perpetuation.

The dowry system in India refers to the durable goods, cash, and real or movable property that the bride's family gives to the groom, his parents and his relatives as a condition of the marriage. Dowry is called "दहेज" in Hindi and as جہیز in Urdu.

Capital punishment in Bangladesh is a legal form of punishment for anyone who is over 16, however in practice it will not apply to people under 18. Crimes that are currently punishable by death in Bangladesh are set out in the Penal Code 1860. These include waging war against Bangladesh, abetting mutiny, giving false evidence upon which an innocent person suffers death, murder, assisted suicide of a child, attempted murder of a child, and kidnapping. The Code of Criminal Procedure 1898 provides that "he be hanged by the neck until he is dead." For murder cases, the Appellate Division requires trial courts to weigh aggravating and mitigating factors to determine whether the death penalty is warranted.

Women's rights in Jammu and Kashmir is a major issue. Belonging to a patriarchal society, they have had to fight inequality and routine discrimination. Since the onset of insurgency in 1988, rape has been leveraged as a popular 'weapon of war' by Indian security forces. Separatist militants have also committed rapes, which remain under-researched but are not comparable in scale to that of the Indian state forces. Women's rights in Kashmir Valley has major issues as there is harassment of young muslim women participating in sports activities, demands of dowry after marriage, domestic violence incidents, acid attacks on women, and men being generally taken in a higher regard than women. Many small organisations have been formed to struggle for women's rights in Jammu and Kashmir.

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Further reading