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 dahez in Hindi and as jahez in Urdu.
The dowry system can put great financial burden on the bride's family. In some cases, the dowry system leads to crimes against women, ranging from emotional abuse and injury to even deaths. The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act 1961 approved by the Parliament of India and subsequently by Sections 304B and 498A of the Indian Penal Code. The Dowry Prohibition Act 1961 defines dowry: "Dowry means any property or valuable security given or agreed to be given either directly or indirectly - (a) by one party in marriage to the other party in marriage; or (b) by the parents of either party to a marriage or by any other person to either party to marriage or to any other persons;at or before or after the marriage as consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal law applies."
A court judgement clarifies the legal definition of dowry as
Article 3 of the Dowry Prohibition Act, 1961 specifies that the penalty for giving or taking dowry does not apply to presents that are given at the time of a marriage to the bride or groom is when no demand for them has been made.
Although Indian laws against dowries have been in effect for decades, they have been largely criticised as being ineffective. The practice of dowry deaths and murders continues to take place unchecked in many parts of India, which has further added to the concerns of enforcement.
Section 498A of the Indian Penal Code required the groom and his family to be automatically arrested if a wife complains of dowry harassment. The law was widely abused, and in 2014, the Supreme Court ruled that arrests cannot be made without a magistrate's approval.
Historical context
The history of dowry in South Asia is not clear. Some scholars believe dowry was practised in antiquity, but some do not. The traces of the dowry system in India can be found in the Vedic Age where it is common for upper caste Hindus.
The Code of Manu sanctioned dowry and bridewealth in ancient India, but dowry was the more prestigious form and associated with the Brahmanic (priestly) caste. Dowries originally started as "love gifts" for the marriages of upper caste individuals, but during the medieval period, the demands for dowries became a precursor for marriage.
Michael Witzel claims the ancient Indian literature suggests dowry practices were not significant during the Vedic period. Witzel also notes that women in ancient India had property inheritance rights either by appointment or when they had no brothers.
The findings of MacDonell and Keith are similar to Witzel, and differ from Tambiah; they cite ancient Indian literature suggesting bridewealth was paid even in brahma- and daiva-types of marriage. Dowry was not infrequent when the girl suffered from some bodily defect. Property rights for women increased in ancient India, suggest MacDonell and Keith, over the Puranas.
Kane claims ancient literature suggests bridewealth was paid only in the asura-type of marriage that was considered reprehensible and forbidden by Manu and other ancient Indian scribes. Lochtefeld suggests that religious duties listed by Manu and others, such as 'the bride be richly adorned to celebrate marriage' were ceremonial dress and jewelry along with gifts that were her property, not property demanded by or meant for the groom; Lochtefeld further notes that bridal adornment is not currently considered as dowry in most people's mind.
One of these are the eyewitness records from Alexander the Great conquest (ca. 300 BC) as recorded by Arrian and Megasthenes. Arrian first book mentions a lack of dowry,
Arrian's second book similarly notes,
The two sources suggest dowry was absent, or infrequent enough to be noticed by Arrian. About 1200 years after Arrian's visit, another eyewitness scholar visited India named Abū Rayḥān al-Bīrūnī, also known as Al-Biruni, or Alberonius in Latin. Al-Biruni was an Islamic era Persian scholar who went and lived in India for 16 years from 1017 CE. He translated many Indian texts into Arabic, as well as wrote a memoir on Indian culture and life he observed. Al-Biruni claimed,