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Dowry-related harassment, sometimes resulting in so-called dowry death or

bride burning (Leslei 1998; Butalia !!; "tone and #ames 199$; "irohi !!%&,

became an increasing burden 'acing women 'rom all castes and classes in modern

ndia as well as the dias)oras* +hat was once a )ractice largely con'ined to u))er

caste* indus in the north o' ndia, s)read to other castes, religious and regions*

he reasons 'or this are com)le. and are, at least )artially, de)endent u)on a

combination o' "ans/ritisation (u))er caste emulation&, neo-liberalisation and rise

o' cash incomes (Baner0ee and #ain !!1; Baner0ee !!&* oreo2er, there is

some )erce)tion that the si3e o' dowries has grown in recent decades )utting

increased )ressure on 'amilies to )re'er sons to daughters, thereby e.acerbating an

e.isting tendency towards son )re'erence* he im)act o' this u)on the re2ersed

se.-ratio in ndia is well documented with the numbers o' missing 'emales due

to se. selecti2e abortion and 'emale in'anticide on the increase in many regions

(Basu 1999a; Baner0e !!; Dre3e and "en !!; #ayara0 and "ubramanian !!4;

"en 199, 199%; "under 5a0an !!%&* (1&

+hile dowry )ractices can be lin/ed to di''erent 'orms o' 2iolence against'emales, others argue that the )ractice itsel' is inherently se.iest since it can can

be seen as a measure o' womens lac/ o' status and em)owerment as they are

e''ecti2ely traded on the marriage mar/et* he s)read and in'lation o' dowry

'urther entrenches the notion that marriage is com)ulsory 'or women, and it also

inhibits o))ortunities 'or women and girls on many le2els* 6or instance, critics

're7uently )oint towards the de2elo)ment costs o' dowry 'or women, 'ocusing

u)on its e.)ense and its lin/s to )o2erty* +omen o'ten do not retain any sort o'

ownershi) o' their dowry and money s)ent on it can mean that 'ewer resources

are a2ailable 'or girls be'ore their marriage* hat dowry re'lects and rein'orces

e.isting gender hierarchies in ndia is em)hasi3ed throughout this 2olume* t is

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argued that although there has been a tendency in anti-dowry initiati2es to 'ocus

u)on the 2iolent as)ects o' dowry-gi2ing (as they are the most )olitically 2isible&,

as well as legal solutions to the )roblem, we cannot begin to understand the hold

and conse7uences o' dowry nor ho)e to deal with them e''ecti2ely, without

understanding and tac/ling structural gender ine7ualities in societies more

broadly* (&

he e.act nature o' the dowry )roblem and how to a))roach it is by no means

straight'orward* hin/ing about di''erent sorts o' dowry )ractices ('rom the

seemingly benign to the )ernicious& urges us to reconsider whether it is the dowry

system itsel' or, more s)eci'ically, its abuse (lin/ed to dowry escalation and

harassment& that should be rallied against* his issue has been a matter 'or debate,

with /ey acti2ists in the 'ield actually shi'ting their )osition o2er time* ost

notably, adhu ishwar editor o' the 'eminist maga3ine anushi had been

one o' the /ey )ro)onents o' the 198! dowry bycott (ishwar and 6i2e :thers

!!$ 198!alriwala in this 2olume& but by 1988 had rethought her

)osition* 6rustrated at the lac/ o' success and su))ort 'or the dowry bycott she

came to the conclusion that, without wides)read change 'or women in ndian

"ociety, including a strengthening o' womens inheritance rights, a bycott could in

'act be counter)roducti2e (ishwar !!$ 1988

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gender she )romtes her 2iew as more realistic o' the way that women 2iew dowry

(Basu !!$? .i.&* (&

Avoiding an emphasis upon dowry violence

n )articular, a number o' scholars ( in both this 2olume and in the broader

literature& ha2e assessed the im)lications o' the 'raming o' dowry as an issue

)rimarily concerned with 2iolence ty)ically leading to the death o' women (see

@arayan 19AA&* 6or instance, the @ational rime 5ecords Bureau o' the

o2ernment o' ndia collects statistics on dowry deaths and in !!4 it recorded

A!= such deaths* owe2er, these statistics are notorious sli))ery since we can

assume that not all the actual cases o' dowry death are recorded some womens

grou) argue that the number is in 'act may times higher* oreo2er, acts o'

2iolence sustained by women as a result o' dowry, but not resulting in death, are

not systematically collated* Cs @arayan notes, the collection o' statistics on dowry

deaths is the only area in which domestic 2iolence o' any sort is recorded

statistically by the ndian o2ernment (19AA? 9A&* hus, the way in which dowry

murder has come to be 'ramed in ndia as a s)eci'ic )ublic issue has n im)act

u)on the ty)e o' data that are collected, which in turn then has the e''ect o'

rein'orcing the )erce)tion o' dowry murder as 2irtually the only 'orm o'

domestic 2iolence that women in ndia su''er* Dowry 2iolence a))ears to be

rather small )art o' the boarder rubric o' domestic 2iolence (it is the )art that is

most )olitically 2isible&* (8&

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Rethinking the campaign against dowry

n the subse7uent )eriod, 'i2e criti7ues o' the anti-dowry mo2ement o' the 19A!-

8!s and the 198$ law were raised by 2arious indi2iduals, including 'eminist

scholars, anti-'eminist commentators as well as newly 'ormed mens grou)s

which led to ongoing, high 2oltage, and intricate debates* :nly a broad o2er2iew

o' these criti7ues is )ro2ided here* :ne criti7ue was that dowry was in 'act a

womens right to )ro)erty, her only )ro)erty right, which had been wrongly

underminsed in the cam)aign (ishwar ibid*; Bradley this 2olume&* he second

was that dowry 2iolence had come to subsume all 'orm o' domestic 2iolence and

o))ression that women e.)erienced, to the detriment o' the larger 'eminists

struggle (Cnges 199; ishwar ibid*; Bradley ibid*& he third was that women,

their natal 'amilies, and acti2ists were misusing the anti-dowry law (ishwar

!!!; Basu, this 2olume&, a )ro)osition )ut 'orward not only by the 'amilies and

men accused o' dowry crimes, but also by 0udges in the sessions and high courts*

he 'ourth was that ho)ing to 'ight dowry through law and in )articular criminal

law was itsel' a mis)laced strategy (Cnges 199; enon 1999&* he 'i'th, andobser2e thread o' the abo2e 'our, 2oiced at 2arious 'ora and in the media, argued

that e2idence o' the s)iraling s)read o' dowry was an indication o' the 'ailure o'

the womens mo2ement to 'ight dowry and in that 'ailure was its cul)ability

(Bradley ibid*; Basu ibid*; on the limitations o' anti dowry cam)aigning*& (14A&

5estudying Dowry? the !! C+DC "ur2ey

he decision by C+DC in !!1 to underta/e a massi2e, all ndia sur2ey has to

be related to a de2elo)ment in its own acti2ism* n the late 198!s, its Delhi unit,

#anwadi ahila "amiti, (#"& had )lanned to underta/e a large study o' dowry,

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both to dee)en its understanding o' the )henomenon and to e.amine the im)act o'

the anti-dowry mo2ement* nitial wor/ was begun but the study did not ta/e o''*

6rom the mid-198!s onwards, there were re)eated discussions in its 2arious state

units as well as in its all-ndia 6ora o' the need to underta/e studies on )roblems

which the organi3ation con'ronted in the course o' its mass-based acti2ities* @ot

only was there little /nowledge or e.)erience o' these issues in the mo2ement,

they were o'ten not being addressed in research in the detail and manner which

CD+C acti2ists sought in the )articular locations that they wor/ed in* here had

been a massi2e, 7uantitati2e growth in gender-related research, but not necessarily

on the issues or e.)eriences which )oor and wor/ing class women brought to the

organi3ation or on the 7uestions which it was as/ing about these issues (arat

!!$&* 6urther, C+DC had a res)onsibility to )lace the e.)erience o' its 2ast

membershi) and myriad acti2ities and the understanding drawn 'rom these within

the larger arena o' 'eminist /nowledge and acti2ism* 5eadings o' 'eminists

mo2ements in ndia as well as analyses o' gender issues were 'lawed by the

silencing o' this )ers)ecti2e and e.)erience (see @ote &* Ccti2ists, who are also

social science researchers, and other scholars were drawn into this discussion and

in the early 199!s they set u) a research centre, the ndian "chool o' +omens

"tudies and De2elo)ment ("+"D&, with which CD+C ollaborated* owe2er,

the demands o' research had continually to be balanced with the e.igencies o'

e2eryday struggle and the demands o' immediate issues, in which time 'or

research recei2ed less )riority* (1$!&

Loo/ing 'irst at the sur2eys o' guardians, res)ondents 'rom middle and low

ran/ing caste in state a'ter state (CD+a !!%& 1% indicated that not so long ago

marriage )restations were o' a di''erent order in 7uality and 7uantity* C)art

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'rom a 'ew designated items, there had been no )restations at the time o' their

)arents, marriage and in a large number o' cases in their own marriage* his may

be illustrated 'rom the 'indings in a 'ew regions and communities on the margins

o' or outside the dominant indu order* n Cssam, the common and dominant

)ractice had been o' bride )rice )aid by the groom or his 'amily in /ind and

money (gadhan&, as well as in labour on the 'arm or house o' the 'uture 'ather-in-

law (0amai /hatani&* :2er 8! )ercent o' the guardians inter2iewed (in a sam)le o'

%A& said that there had been no dowry at the time o' their own marriage, but at

the time o' their daughters marriage 4$ )ercent had gi2en dowry gi'ts* he gi2ing

o' cash was the newest )henomenon, while 0ewellery and other gi'ts in /ind were

the most common* Dowry was still absent in tribal communities* 5es)ondents

suggested that dowry as a cultural )henomenon emerged in the 19=!s* ts

beginnings lay in the gi'ts gi2en by middle class )arents to daughters, in imitation

o' the )ractice among grou)s 'rom other )arts o' the country* n the course o'

time, )eo)le, including girls, started to see these gi'ts as a daughters legitimate

right o2er )arental )ro)erty and later dowry too/ on a com)ulsory character*

"ome suggested that it had now become the )rimary re7uirement 'or marriage*

6or grou)s and regions where dowry marriage has long been the norm,

res)ondents s)o/e o' com)etition in dowry leading to re0ection o' )ros)ecti2e

brides, di2orce, or more harassment and that dowry gi'ts were seen as enhancing

the status and dignity o' brides at their in-laws house* (1$4&

Compulsory marriage, compulsory dowry, and pauperization

ndebtedness in order to meet the e.)enses o' a daughters marriage was

wides)read among in'ormants, across most states, communities, and classes* C

stri/ing 'eature was that many )oor 'amilies had ta/en loans and mortgaged their

land and other assets and thereby their own 'utures to get a daughter married* he

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com)ulsions o' dowry no longer o)erated only among u))er casted and classes*

E2en agricultural labour 'amilies in Cssam and in amil @adu re)orted dowry

re7uirements* n Bengal, a range o' methods were ado)ted to )ay 'or the wedding

and dowry o' daughters? sale or mortgage o' land (including that recei2ed as

sharecro))ers under :)eration Barga&, 1A house, 'lat, 0ewellery or other 2aluable

assets, or loans at a high rate o' interest 'rom moneylenders* hose in )ublic

sector em)loyment too/ loans against their >ro2ident and >ension 6unds or o)ted

'or 2oluntary retirement to obtain the lin/ed annuity, though it meant that a'ter

the wedding they would ha2e neither income nor sa2ings* "ome )oor 'amilies

went door-to-door to collect money andFor re7uested clubs and mass organi3ations

'or assistance* +ith dowry, the cycle o' )o2erty and debt is renewed as 'amilies

lose their )roducti2e assets, maybe e2en their homes* t adds to the assets not only

o' those who recei2e dowry, but the local elite who encourage the )ractice and

'rom whom the )oor ta/e loans against their own assets, including land (u)ta

199%, !!$&* (1=&

hat )eo)le become indebted due to marriage e.)enses has been noted through

the last century (Darling 194A&* t indicates the com)ulsory character o' dowry,

which in'ormants lin/ed to both the com)ulsory nature o' marriage and to the role

o' community sanction, discussed in the )re2ious section* he marriage o'

daughters is a )rimary )arental duty carrying both social and ritual connotations

in most )arts o' ndia and among most communities* Gnmarried women are

2iewed with )ity and se.ual sus)icion, a burden on their )arents and or their

brothers* 6urthermore, social adulthood and relati2e 'reedom 'rom )arental

constraints de)end on marriage, more so 'or young women* his 'uels their desire

'or and the ta/en-'or-grantedness o' marriage and all that accom)anies it-be it

dowry andFor abuse in the marital home* :ne o)tion be'ore )oor )arents, who

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wish to a2oid debt in the 'ace o' s)iraling dowry, is to arrange a match with a man

who cannot command dowry? he may be mesh older; this may be his second or

third marriage with children 'rom earlier marriages to be ta/en care o'; he may

ha2e no wor/ or income; or be /nown as undesirable due to his habits* C1A- year

old girl in Gttara/hand, where dowry has not reached the )ro)ortions it has

elsewhere, said, marry a )oor man and do not )ay n all these cases, the daughter

is destined 'or a li'e o' hardshi), de)ri2ation, and )ossibly 2iolence, but this is

considered )re'erable to her remaining single* (1=%&

Dowryless marriage is also accom)lished by marrying the daughter at a great

distance, through a matchma/erFagent, the unsaid being that the man is not an

eligible match due to the reasons gi2en abo2e* ost o' such re)orted marriages,

howe2er, ta/e a girl 'rom a )oorer region to a more )ros)erous region (Blanchet

!!8; /aur !!4&, while also a2oiding dowry* he distance wea/ens the

)ossibilities o' the girl turning to her natal 'amily 'or hel) in a bad marriage*

6urther, on marrying into a region where dowry is otherwise )re2alent, she may

be made to belie2e that she has been bought and hence cannot lea2e* +hile not

many in'ormants during the sur2ey tal/ed o' this, the aryana unit o' CD+C

(and other re)orts& recorded se2eral cases o' mistreated and abused wi2es 'rom

other states, who had turned to local members and acti2ists 'or hel)* (1=4&

Dowry and daughters property rights

Ccross the country, the larger number o' )arents and guardians inter2iewed

counter)osed dowry to womens rights in natal )ro)erty, saying that they had

s)ent on their daughters marriage and she had no rights to a share in their

)ro)erty or that her dowry had e.hausted her legitimate rights* he )ro)ortion

which held this 2iew was greater in the higher income and u))er caste categories*

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hose who said that they would gi2e )ro)erty were o'ten those who had no

)ro)erty to gi2e* any ga2e the )aucity o' their )ro)erty as a reason why

daughters would not ha2e a share* n west Bengal, erala, and )arts o' imachal

>radesh a substantial number o' )arents said they would gi2e daughters a share

o2er and abo2e what they may ha2e s)ent at the time o' their marriage* Daughters

ha2e had rights in )arental )ro)erty in the latter two states, while recent

cam)aigns ha2e ensured /nowledge o' the )olitically correct res)onse in the 'irst

two* (1=4&

t is o'ten only at their wedding, with the accom)anying trousseau and dowry, that

young girls become the centre o' attention and recei2e articles and gi'ts o' some

2alue* C number o' them said that they too had a right to a share in )arental

)ro)erty and since this was all that they would recei2e, they would as/ and e.)ect

their dowry* Cn educated young woman in Cssam con'essed, do not want a

lions share o' my )arents )ro)erty* y brothers will en0oy e2erything o' my

)arents* "o when lea2e this house 'ore2er (at the time o' my marriage& ne2er to

returnHHHH 'eel it is the duty o' my )arents to gi2e me some material things

'or my )ersonal use at the time o' my marriage (CD+C !!%? =%&* +e do not

li/e to ta/e dowry, we are not su))orters o' the )ractice o' dowry, but i' we enter

out in-laws house with nothing (no 0ewellery, no 'urniture or other material things

'or our )ersonal use&, whom do we as/ to su))ly those essential re7uirementsI

(CD+C ibid* =&* n )re2ious 'ieldwor/ in 5a0asthan, heard girls s)ea/ o' their

dowry as a measure o' )arental lo2e and concern* "ome middle class )arents and

young women said that marriage )restations ensured that young women would

ha2e some the com'orts in their con0ugal homes that they had become accustomed

to in their natal homes* his was not because the girls had been married down

(2is-a-2is the socio-economic status o' the groom&, but an ac/nowledgement that

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brides may not be )ro2ided or be able to as/ 'or their daily re7uirements or

lu.uries in their marital home, or ha2e any say in the dis)osal o' household

income* Cmong more and more grou)s, they were e.)ected to mo2e to their

husbands home with all their immediate re7uirements (other than 'ood&* (1=$&

his would a))ear to be in tune with the 2iew e.)ressed by scholars, members o'

the 0udiciary, and o)inion mar/ets that dowry is a 'orm o' )re-mortem

inheritance and womens wealths wealth (ishwar 1988, 1989&* ore is being

acceded to here, howe2er, than is immediately a))arent* he young women

7uoted earlier were in 'act saying that material )restations meant that they had no

other rights to )arental )ro)erty* Ccce)ting the com)ulsion to marry, they were

not ready to 7uestion to con0ugal contract to marry, they were not ready to

7uestion to con0ugal contract or the )ower relations within the marital home* C

substantial number o' them belie2ed that hey could not ha2e )eace'ul, married

li2es without dowry and had become )arty to the e7uation made between the

dowry they ta/eFbring and their 2alue as 'amily members* n 2arious ways they

said that without dowry they would be insecure, neglected, and not res)ected by

their in-laws whose treatment de)ended on the 7uantum o' their dowry* 5ather

than ris/ that, they wanted dowry* +hether in amil @adu or in Cssam, girls sel'-

res)ect seemed to tie in with the dowry they e.)ected to ta/e with them on

marriage* hus, rather than being an immediate e.)ression o' daughters )ro)erty

rights, this 2iew not only acce)ts )atriliny* But encodes within it womens

secondary )osition as young, )owerless wi2es* (1=$-1==&

C literate, young woman o' a )oor )easant 'amily 7uestioned the 2iew that dowry

is 'ine, it is dowry demands that are wrong* "he said that the those who 0usti'y

their dowry gi'ts to daughters because they can a''ord them, should not ob0ect,

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on the grounds o' the )o2erty o' the )arents, to others daughters as/ing 'or gi'ts*

+e do not ha2e money so we should a2oid it, isnt itI But who will be there to

)rotect me when because o' lac/ o' dowry ha2e to 'ace di''icult circumstances

in my in-laws house* "o need dowry, not 'or my own satis'action, but to satis'y

my in-laws 'amily* Cnd my )arents will ha2e to bear it 'or the security o' their

daughter (C+DC !!%?=%&* "he also stated that she did not want cash in dowry,

but gi'ts such as ornaments and 'urniture* (1==&

he di2ision between dowry as daughters rights in 'amilial )ro)erty and sons

inheritance o' the ancestral )atrimony reiterates the distinction between sonsFmen

as breadwinners and economically inde)endent and daughtersFwomen as

burdensFde)endents* 5ather than dowry being her )re-mortem inheritance,

increasingly her wedding e.)enses are an e.cuse not to gi2e her a )ro)erty share*

he di''erence in the nature o' material goods which are trans'erred also rei'ies

the distinction between )roducti2e men and burdensome daughters* +hile men

inherit )roducti2e andFor 'i.ed )ro)erty, dowry consists largely o' household and

)ersonal articles and the e.)enses o' the marriage goods 'or immediate and

cons)icuous consum)tion* m)ortantly, the di2ision between earning sons and

burdensome daughters is also tied to the )ractice o' )atri2irilocal residence*

Daughters will ta/e away what they recei2e, while sons will remain (ho)e'ully&

with the )arents* hus more )ermanent assets such as land had been gi2en in

dowry only among those who )racticed /in marriage and among the 2ery well-o''*

(1==-1=A&

he articulation and sense o' daughters dowries and daughters as burdens were

e2ident in the res)onse o' guardians and young girls* any o' the latter s)o/e o'

their sense o' humiliation, o' being a burden, and their 'ears that lac/ing the

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means o' ade7uate dowry their marriage could not ta/e )lace* he stories, cases,

and 2iews that were heard by acti2ists during the sur2ey recon'irmed that dowry

marriage was a central as)ect o' the ini7uitous and o))ressi2e nature o'

contem)orary gender relations* (1=A&

Can we/should we marry without dowry?

he dowry system has recei2ed 'resh li'e with the new religion o' liberali3ation,

re'lecting contem)orary consumerist desires* t has also been 'uelled by the new

orthodo.ies o' )rimordial identities in which cultural )ractices and ma/ers o'

social grou)s are created or recei2ed and sancti'ied as right* ar/ers o' ancestry,

)articularity, and roots ha2e become ways to 'i. and secure ones )lace in an

increasingly di''erentiated, un'amiliar, globalised word* ultural identity and

tradition are )ut 'orward as 0usti'ications 'or a range o' )ractices, though they

may be anti-women and detrimental to a range o' social grou)s* hus, the ethnic

marriage, the ostentatious wedding, dowry, and the dis)lay o' status are

celebrations o' community and moments o' en0oyment* Jarious reasons and

0usti'ications gi2en by young women and their )arents 'or dowry and the

im)ossibility o' marrying without it ha2e been described* (1=A&

Ct the same time, young women and their )arents ha2e e.)erienced the

com)ulsions o' dowry as o))ressi2e and de2aluing* Joice 'rom the womens

mo2ements, alone or in con0unction with other mo2ements, such as those centered

on social re'orm, ha2e in 2arious times and 'orms cam)aigned against dowry,

against domestic 2iolence, and against caste as concerns 'or womens rights and

e7uality* t is not sur)rising, then, that 2iews on dowry are not consistent and

coherent, either among girls as a grou) or in the articulations o' any one

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res)ondent* 6or e.am)le, some in'ormants 'rom amil @adu said that dowry

e.)ressed the idea that men were su)er to women and e7uated women with

material goods rather than seeing their 2alue as )ersons* Koung women, 'rom a

range o' states including aryana and amil @adu, e.)ressed their determination

to remain single rather than ha2e a dowry marriage* By and large, howe2er, non-

marriage was not considered as an o)tion* 6urther, )arental a))ro2al o' marriage

was desired, while )arents did not consider the )ossibility o' a marriage that was

ob2iously against local norms* (1=A-1=8&

he 'indings showed that the e''ects and hold o' the dowry system were

di''erentiated across and within economic and social strata* he )ro)ortions o'

young women who thought that dowry less marriage was )ossible are higher

among uslims and lower ran/ing castes* heir range o' 2iews was not 2ery

di''erent 'rom that o' their )arents* t also bore some correlation with the regional

and community )attern in the s)read o' dowry, and the strength o' the womens

and other social mo2ements and Le't )olitics mentioned earlier* hus, the

)ro)ortion o' those who e.)ressed a yearning 'or dowry less marriage was highestin ri)ura, Cssam, +est Bengal, and erala* he 'irst two ha2e recently been

drawn into the web o' dowry, where the ga) between economic realities and the

desires o' the consumerist economy are stri/ing* (1=8-1=9&

n erala, des)ite the matrilineal history o' some castes, dowry has a long history

)articularly among the hristians* t has been increasing astronomically with

'oreign remittances* C sense o' des)eration and an.iety about their 'uture wase2ident among young, unmarried women, who /new that their )arents could not

a''ord )re2alent dowry rates* any were angry that their marriages de)ended on

dowry and were ready to agitate on the issue* hey asserted that they would ha2e

dowry less, lo2e marriages* +ith ri)ura and west Bengal, erala has also been

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witness to social re'orm mo2ements and radical mobili3ation in which structures

o' social and economic ine7uality ha2e been attac/ed and lin/ed to caste,

irrationality, su)erstition, and e2en tradition* n that scenario, it is not

sur)rising that in'ormants critical o' dowry saw arranged marriage, caste

endogamy!, and dowry marriage as going hand-in-hand* +hile this was heard in

other state also, here in )articular the 2iew was e.)ressed that lo2e marriage,

dowry less marriage, and inter-casteF religious marriage would go together* (1=9&

Koung women 'rom 2arious )arts o' the country said that it was young men, the

)ros)ecti2e grooms, e2en as indi2iduals, who had to ta/e the initiati2e to marry

without dowry* he sur2ey results held out little ho)e in this regard* C small

sam)le o' boys and young men in Cgra in Gttar >radesh a))eared e2en more

obedient to )arental wishes than girls* +hile more than two thirds said they would

not as/ 'or dowry, almost a similar )ro)ortion said that not only was dowry less

marriage not )ossible, but that they would marry according to their )arents

wishes* his was in consonance with the 2iew o' res)ondents in amil @adu, who

said that young men are not ready to ta/e a stand against dowry and, i' they are,their )arents easily dissuade them* his is tied to the nature o' 'amilial, )ro)erty,

and community structures in which are embedded emotion, material, and social

resources, but which cannot be 'urther e.)lored here* (1=9&

ow is dowry to end?

n underta/ing this sur2ey, CD+C and the "+"D were not only as/ing

7uestions about the nature o' contem)orary dowry, but also whether and how

dowry )ractice could be challenged* hey were re2isiting the strategies o' such a

mo2ement and reasserting an anti-dowry )olitics* Cs )eo)le s)o/e o' their

e.)eriences o' dowry, its 'all out, and stories o' humiliation and 2iolence, it led to

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discussion on the need 'or urgent action* n one situation in Bengal, in 'ormants

decided that they and the acti2ists should immediately ta/e out a demonstration

regarding a )articular case o' dowry demands* n )resenting the 'indings o' the

sur2ey at the Delhi con2ention, the aim was to construct a charter 'or a cam)aign

against dowry starting 'rom whether young )eo)le were ready to re0ect dowry

marriage* (1A!&

5eading the res)onses o' some in'ormants, the dowry system a))ears as a s)iders

web-once you are caught in it, you cannot get out* >eo)les li2es are enmeshed in

dowry* 6or others, howe2er, this was not acce)table-dowry could be eliminated*

:ne line o' a))roach indicated in the )re2ious section, was to slash at the 2ery

structure o' the dowry web-at the system o' caste-based, arranged marriage* he

interwea2ing o' gender sub0ugation with other o))ressions was reiterated*

am)aigns 'or inter-caste system and gender relations, were )ro)osed as essential

to the mo2ement* E2en as e.am)le o' lo2e marriage which 'loundered on the

issue o' dowry were )ointed out, a common thread that ran through the comments

o' many o' the wor/sho) delegates was that the ideology and institution o'marriage itsel' had to be addressed* his meant rede'ining the con0ugal contract

on a more gender e7ual basis, 7uestioning caste-based marriage and the idea that

marriage was the only li'e o)tion 'or women* (1A!&

Ct the con2ention, 'orms o' action similar to those o' earlier social re'orm

mo2ements were suggested* :ne was )ublic )rotests against ostentatious

weddings and cons)icuous consum)tion* deals o' asceticism were not the mainim)etus to this suggestion, but the im)ossibility o' se)arating dowry 'rom the

wedding dis)lay* Cnother 'orm that was )ro)osed was that boys and girls and

their )arents would be as/ed to ta/e an oath to re'use dowry marriage* "ome

young delegates 'rom aryana stated that girls who re'use to marry with dowry

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end u) unmarried and become the target o' gossi) and slander, e2en i' they are

able to su))ort themsel2es economically* he mo2ement has to ta/e this issue

seriously* +e ta/e on the burden o' social change- and only su''er* "uch young

women s)o/e o' the need o' su))ort and solidarity in their endea2or to remain

single* (1A!-1A1&

C strategy which many suggested was awareness cam)aigns to educate )eo)le on

the im)lications o' the dowry system* Delegates obser2ed that indi2iduals beha2e

as i' the 2iolent re)ercussions o' dowry would not touch them* "ome acti2ists,

howe2er, )ointed out that the innumerable awareness cam)aigns against dowry

had had little e''ect* :thers said that these cam)aigns had remained limited* hey

agreed that seeing dowry or mere /nowledge were clearly not enough* >eo)le

had to be )re)ared to re0ect it in their own li2es and 'ight it socially* Cwareness

and education were necessary, but through large-scale womens and social

mo2ements and the mass media that reached corners o' the country they had not

touched so 'ar* (1A1&

ost who said that dowry could be 'ought also 'elt that indi2iduals did not

)ossess the strength to brea/ out o' the web alone* Des)ite anti-dowry lesilation,

con2iction rates remained low, encouraging dowry )ractices to grow (see Basu,

this 2olume&* (1A1&

6urthermore, the web o' dowry was strengthened by systemic social, economic

and )olitical )rocesses* "ocial mo2ements and other alliances should use their

collecti2e weight to en'orce legislation and see/ redress* Large-scale collecti2e

action could build awareness against dowry, but only go2ernment action could

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brea/ the stranglehold o' community elders and other ad2ocates o' dowry, who

su))orted caste and dowry norms in marriage* oncerted anti-dowry ste)s by the

go2ernment could sto) in-laws who made dowry demands and gi2e strength to

those who wished to re'use to gi2e dowry* (1A&

5ather than dowry demands and the distortions or ob2ious 2iolence related to

dowry, it was the system itsel' which had to be addressed* ' dowry was to be

tac/led, its multi-structural lin/s and the networ/ o' relationshi) in which it was

embedded had to be bro/en* o ma/e these connections 2isible, a multi-le2el

struggle had to be bro/en* o ma/e these connections 2isible, a multi-le2el

struggle had to be 'ought through a mo2ement that encom)assed community,

religious, )olitical, and mass organi3ations o' women and o' men and women, and

myriad actions by state bodies and go2ernment instruments* he cultural and the

normati2e, the material and the social, the emotional and the )olitical had to be

addressed simultaneously a tas/ which is co-e.tensi2e with a mo2ement 'or the

radical trans'ormation o' state and society* (1A&

:ther recent research re2eals more dynamic conditions e.)laining )articular

'actors 'or dowry, o'ten locating its )redominance and rise in consum)tion and

labour )ractices* Biao (!!$& studies the emergent scenario o' n'ormation

echnology )ro'essionals migrating between "ydney and Cndhra >radesh, reading

the migration as both dri2en by dowry demands and generating demands, in a

2icious cycle* "rini2asan (!!$& 'inds that the rise in 'emale in'anticide in "alem,

amil @adu, occurs in the conte.t o' increasing dowry e.)ectations (dowries arehigher 'or each successi2e daughter&* +ith im)ro2ement 'rom e2er smaller )lots

o' land, as it is sold to )ay 'or dowries, de2aluation o' 'emale labour and 'emale

disinheritance 'rom land dri2en by attem)ts to enhance and de'y caste status

through dis)lays o' wealth dowry e.)ectations im)o2erish 'amilies without

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enhancing daughters )ower* "irini2asan and Lees study in Bihar (!!4& re)orts

that dowry )ractices stayed resilient gi2en intense materialism and the desire 'or

daughters to ma/e high-status marriages in the area; two-thirds o' women in the

study disa))ro2ed o' dowry but still carried it on, while younger and wealthier

women showed higher a))ro2al o' dowry* +ith concrete economic and cultural

)ractices 'ore grounded in these studies, there is a sense o' the ine.orability o'

dowry in the conte.t o' e2er-growing consumerist and status enhancing

)ractices* oderni3ation wor/s to 'a2our rising dowries, and no 2ectors o'

change seem e2ident or e''ecti2e* Clthough sym)athetic to the social ine7uities

resulting 'rom dowry systems, these analyses do not engage with legal or cultural

strategies or the e''ecti2eness o' social mo2ements* (18!&

"imilarly, "ection 498C relating to torture (commonly used to characteri3e

domestic 2iolence& and the recently )assed Domestic Jiolence Cct (!!$& )ro2ide

alternate legal )athways to address )hysical harm that may or may not be related

to dowry demands, thereby centering on the 2iolence )er se rather than

em)hasi3ing dowry as the )utati2e central cause o' 2iolence* hough "ection498C cases re)resent another nebulously worded law that is de)icted as culturally

in'lammatory and has resulted in 'ew con2ictions, it )ro2ides a s)ace to articulate

a range o' economic and social grie2ances in 0u.ta)osition with )hysical 2iolence,

and to le2erage ci2il and criminal cases against each other with the e.)ectation o'

obtaining some resources 'or sustenance (Basu !!A; "olan/i !!1&* "imilarly,

the new Domestic Jiolence Cct (!!$& see/s to trans'orm married womens

relationshi) to a''inal )ro)erty and household by )ositing their right to occu)y

that s)ace, with the )ro2ision that they can claim right to residence in the marital

household e2en i' they allege 2iolence (5a0an !!$&* +hile no tra0ectory o' its

e''ecti2eness or the means to get around it e.ists at the mo2ement, it also, notably,

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does not single out dowry as the )redominant 'or o' 2iolence, and hails a broader

locus o' material and )hysical control* he use o' these legal )ro2isions occurs

)artially in res)onse to the ine''ecti2eness o' the Dowry >rohibition Cct (1984&,

but also 'rom ongoing reali3ations by acti2ists, scholars and 'ront-line wor/ers in

organi3ations about the com)le.ity that 'alls under the rubric o' dowry, in

)articular the need to notionally se)arate the issue o' gi2ing o' gi'ts at marriage

'rom the broader issues o' 2iolence, )ro)erty and residence in material

dissolution* (18%-184&

hese com)rehensi2e a))roaches to dowry 'ocused not on the details o' gi't-

gi2ing )ractices but on the systemic )roblem o' marriage, arguing 'or

simultaneous legal re'orm and social change on multi)le 'ronts* >ro)osals to

counter the im)act o' dowry by instituting )ro)erty right 'or women instead, 'or

e.am)le, )oint to the need 'or multi-le2el changes? ' womens structural

subordination remains constant, strict legislati2e attem)ts to either ban dowry or

en'orce e7ual inheritance are li/ely to increase womens 2ulnerability and dowry-

related 2iolence against them* :n the one hand, remo2ing dowry entirely in theabsence o' guarantees o' inheritance (wills, gi'ts, etc*, being common strategies to

by)ass legal directi2es against e7ual inheritance& de)ri2es women o' the 'ew natal

resources they garner and 2alue* :n the other hand, em)hasi3ing inheritance 'or

women without being able to stem the custom o' wedding )resentations lea2es

o)en )ossibilities 'or harassing women and their 'amilies 'or years o2er )ro)erty,

while dowry e.)enses are not curtailed in any way, and there is no return 'low o'

resources 'rom daughters in the 'orm o' eldercare or other 'inancial hel) (Basu

1999? $-=&* (189-19!&

n this >a)er, we ado)t a sociological social mo2ement a))roach to analy3e the

'arming o' the )ractice o' dowry t a national and local le2el within in ndia and at

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a global le2el* he )ractice o' dowry has been closely lin/ed to 2iolence and

death o'ten without attention to conte.tual 'actors, such as gender hierarchies in

society and une7ual marriage )ractices and e.)ectations which 'eeds into what

@arayan (199A?8A& re'ers to as the tendency to suggest that hird-+orld women

su''er death by culture* +e argue that there has been a tendency in scholarly

wor/ (>articularly that by western 'eminists& and the media to reduce the dowry

issue to its 2iolent outcomes and to also consider that dowry 2iolenceFdeath is a

)roduct o' "outh Csian culture* +e suggest (see also Basu; Bradley; >alriwala in

this 2olume& that while 2iolence and death are outcomes o' dowry )ractices and

that "outh Csian ulture can su))ort une7ual dowry customs, to reduce dowry to

either is sim)listic and wor/s against the interests o' initiati2es to end abusi2e

dowry )ractices*

his )a)er e.)lores the argument that the tendency as noted abo2e, howe2er, can

be e.)lained by a 'ocus on 2iolence against women, )articularly by transnational

networ/s which emerged as early as 19A4 (ri)) !!=&* By the 199!s the issue o'

gender based 2iolence had gained )rominence at the global le2el (ec/ and

"i//in/ 1998& where it had a broad meaning including state 2iolence against

women, a )articularly in Latin Cmerica, tra''ic/ing o' women, domestic 2iolence

and ra)e, 2iolence caused by economic de)ri2ation, structural ad0ustment, and

war* owe2er, )articular e.)erience o' 2iolence, such as dowry deaths, are

mentioned without re'erence to womens subordination as related to dowry andmarriage, and nor is any in'ormation included about women being harassed and

abused 'or dowry without being murdered* hese details are not ca)tured in the

global 'rame* +e suggest the reasons 'or this can be seen as deliberate or strategic

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but the global 'rame can also ha2e a tendency to o2erloo/ the s)eci'ic conte.t o'

what is categori3ed as 2iolence against women in )articular locations*

Dowry deaths (also o'ten termed as dowry murders& re'er to the deaths, by

burning, o' young married women by their in-laws and emerged as a new

)henomenon in the late 19A!s in ndia* n the 19$!s dowry was 2iewed as a

)roblem o' e.)ensi2e weddings and unreasonable demands that )re2ented many

middle class 'amilies 'rom 'inding suitable grooms 'or their daughters* :2er time,

re re7uirements 'rom the groom and the 'amily ha2e grown ma/ing it di''icult 'or

the brides 'amilies to meet them* his was o'ten 'ollowed u) by )eriodic re7uest

'or additional items and cash* @ot meeting the demands o'ten led to the

harassment and murder o' the bride*

he 2iolence )er)etuated against women in marriages can com)rise more than

one 'rame, including domestic 2iolence, harassment 'or dowry and murder as

related to dowry* C 'rame (a noun and a )roduct& can be seen as a story line

(amson and +ol's'ed 199%? 11A&, while 'raming (a 2erb and a )rocess& is the

acti2e )rocess o' creating the story line* C 'rame is an inter)reti2e schemata that

sim)li'ies and condenses the world out there by selecti2ely )unctuating and

encoding ob0ects, situations, e2ents, e.)eriences, and se7uences o' actions with in

ones )resent or )ast en2ironment ("now and Ben'ord 199? 1%A&* 6rames may

be de)loyed by 2arious actors (+omens grou)sFmo2ement organi3ations with in

nations and transnational networ/s, the state, and international organi3ations&

Cnd may be similar or may di''er across the localFnational and global le2els*

6raming re'ers here to the s)ecial category o' cogniti2e understandings

collecti2e action 'rames relating to how social mo2ements construct meaning

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("now and Ben'ord 199; Ben'ord and "now !!!&* C global 'rame gains

centrally and )rimacy 'or an indi2idual such that it 'undamentally recorders his or

her world 2iew* his 'rame ta/es on a dominant status because o' its inclusi2eness

and sco)e (all encom)assing& which allow it to be ado)ted by mo2ements across

borders and cultures and to interact with )olitical structures and larger societal

ideologies to achie2e substantial change* nterestingly, there has been little

analysis o' such 'raming o' the )ractice o' dowry )er se, a )ractice that in itsel'

has rein'orced womens subordination and in many instances )er)etrated 2iolence

against women* (198-199&

Activism against Dowry

Clthough the )ractice o' dowry has its roots in the traditional u))er caste

marriage rituals o' /anyadaan and 2arada/shina, dowry-related issues are widely

)re2alent among all other castes o' indus, uslims ( in the )ractice o' 3ehe3,

which literally means dowry& and hristians (a)lan 198A; umari 1989&* he

)er2asi2eness o' dowry-related 2iolence against women in contem)orary ndia is

e2ident in the increasing number o' cases* ndias @ational rime 5ecords Bureau

documents crime committed under cruelty by husband and relati2es not

amounting to death* "uch harassment increased by about $1 )ercent o2er a 1!-

year )eriod; 'rom 8$A9 in 199$ to $8,%19 in !!$* By some estimates, more than

1$!!! women notes that millions o' women are missing in less de2elo)ed

countries (oomaraswamy !!!?=& as a result o' 2iolence against them including

domestic 2iolence such as dowry deaths and se. selecti2e abortions* his 'igure is

li/ely to be underestimated because crimes against women by the s)ouse and in-

law are o'ten misre)resented or under-re)orted because o' social stigma*

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Cn initial res)onse o' the state to the concern about the e''ects o' dowry was the

creation o' legislation, the Dowry >rohibition Cct, )assed in 19=1, but it did little

to re'orm marriage, and dowry as a )ractice continued* Cccording to the law, both

the 'amilies that ga2e dowry and those that too/ it were guilty; but not a single

case was registered until the late 19A!s* +omen acti2ists became disillusioned

with the states inability to en'orce dowry laws and rede'ined the )roblem by

drawing attention to these deaths that began to be increasingly re)orted in the

media* (!=&

Ct the national le2el, dowry as a gender issue and as an act o' 2iolence against

women gained momentum in the scholarly wor/ o' se2eral acti2ists (umar 199%;

umari 1989; ishwar 1988&, as well as through the womens mo2ement* he

literature on 2iolence against women and dowry o'ten grew out o' women sharing

their e.)eriences in small consciousness-raising grou)s* 6ollowing the cam)aigns

and )rotests in 19A!s and 198!, 2iolence against women became a central issue

'or womens mo2ement grou)s and organi3ations (umar 1989&* :2er these

years, womens grou)s in ndia ha2e been success'ul in generating awareness in

media and ci2il society and in criminali3ing 2iolence against women (Banner0ee

1999&* n an attem)t to address dowry-related harassments and deaths they ha2e

also challenged both )atriarchy and ca)italism, and ha2e been able to a )ublic

issue, needing the attention o' state and legal institutions among others*

>oliticising the issue o' dowry re7uired mobili3ation o' )olitical and social 'orces

along with )rotests, as well as lobbying and )ertitioning against the )atriarchal

social structure o' the 'amily, state and economy* "tate su))ort in terms o' legal

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amendments and in2ol2ement o' court and )olice were also crucial measures that

strengthened their goal to curb 2iolence against women* n 'act, researchers 'rom

5+ note in their re)ort that re'orms ha2e occurred in the legislati2e and

institutional arenas (Burtton et al* !!!*&

Cs a conse7uence o' lobbying and cam)aigning against the )ractice o' dowry by

womens organi3ations, two im)ortant laws including the ndian >enal ode and

Dowry >rohibition Cct were amended in 198=* he ndian >enal ode states that

a womans death any time within the 'irst se2en years o' marriage will be

in2estigated, and the Dowry >rohibition Cct now re7uires the go2ernment to main

statistics on dowry deaths (Banner0ee 1999&* Cnother sign o' their success at

national le2el is the establishment o' anti-dowry cells, renamed as rime against

+omen ells in 198= 'or handiling crimes against women* his institutional

mechanism was initiated by the go2ernment in 2arious as a )re2enti2e measures

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