Bride burning and dowry deaths in India (an original article)
Table I.
Geographical distribution of DOWRY DEATHS in India2 (a partial list)
______________________________________________________________________________
State or Area 1987 1990 1992 1994 1-10 Rank# by
concentration of Hindu
population
______________________________________________________________________________
I. The Hindu-Hindi Heartland
Delhi 79 200 121 132 1
Uttar Pradesh 553 1398 1783 1977 4
Madhya Pradesh 220 556 350 354 6
Rajasthan 113 286 250 298 7
Haryana 133 336 209 191 3
Punjabs 70 177 101 117 2
II. The Affluent West
Maharashtra* 250 632 727 519 5
Gujarat* 23 58 123 105
Goac 0 0 0 0
Daman & Diuc 0 0 0 0
III. The Financially-strangled East:
West Bengal 97 245 179 349 10
Bihar 120 303 170 296
Sikkimb 0 0 0 0
IV. The Non-Hindi South:
Andhra Pradesh 98 248 424 396 9
Karnataka 83 210 209 170 10
Tamil Nadu 49 124 75 83
Keralac 2 5 18 9
V. The Far-East (politically and economically alienated):
Assam 3 8 1 13
Tripura 3 8 3 6
Nagalandc 0 0 0 0
Mizoramc 0 0 0 0
VI. The "Battlefield":
Jammu & Kashmirm 10 25 18 1 8
Most places are predominantly Hindu except for Christian (c), Muslim (m),
or Buddhist (b) areas. Punjab has a large Sikh (s) population as well as
urban Hindu pockets that have major problems. The state of Jammu and
Kashmir has a Hindu majority in Jammu and a Muslim majority in Kashmir. A
large section of Kashmir has been taken by Pakistan through wars in the
sixties. Both India and Pakistan claim ownership of the state.
# Rank on the basis of a six-year average.
>From the above table, we observe the following:
(i). The incidence of dowry deaths has surged since 1987 (reason could
also be more press coverage and uncovering of facts by feminist
organizations and lawyers).
(ii). The numbers are the highest in the "Hindu-Hindi Heartland" and
"Affluent West" areas that are traditional strongholds of BJP and
Congress.
(iii). The traditionally incidence-free non-Hindi-speaking south Indian
and eastern states (such as West Bengal) have seen rapid rise of dowry
deaths since 1987.
At the same time, surprisingly, some places are almost incidence-free.
This could be attributed to the following reasons:
(a) Preponderance of non-Hindu religions that forbid dowry- and
caste-based marriages;
(b) Preponderance of an ancient (pre-Brahminization) Hindu social
system of dowry-free marriage (visible in Assam and Tripura);
(c) Preponderance of tribal societies that have dowry- and
caste-free social system (e.g., the far-eastern areas).
The numbers in Table I are conservative estimates as many deaths are never
reported. According to Rani Jethmalani, 15000 dowry deaths are occurring
every year in India. In another estimation3, 25000 women will have been
killed during the next two years.
In most cases, mainly because of inaction of the police, first information
reports (FIR) are often not entered. Parents of the killed bride are not
properly heard by the administration or justice system. This is more so
when the criminal or his family has connections with ruling political
parties. The legal system in India is a degenerate relic of the colonial
British system and is pathetically slow. Any case in the lower courts
(where these trials, if any pursued, are held) would take at least five to
ten years to complete. By that time, if the litigating parents can keep
their money and optimism flowing to sustain the proceedings, chances are
that the FIR, post-mortem and other reports will have been tampered,
witnesses will have been bribed or threatened, judges will leave on
vacation or retirement, and the criminal on bail will be unavailable. And,
finally, he will either go free upon benefit of the doubt or get a light
sentence upon lack of enough evidence (usually seven years in jail -- he
will actually serve two to three years). Then he will come out, and
remarry with another batch of dowry. It may be pointed out here that it
is CHEAPER for an Indian man to kill his spouse and obtain a new one with
another dowry than to divorce his wife and pay her maintenance7.
Capitalist economics works at its best in India.
Incredible as it may sound, in some cases, the convicted husband will be
requested by the parents of his previous bride to marry her sister. The
latter is an example of the severity of the problem. The sister and her
parents have no place else to go but the abuser/killer man. The death of
the woman has left a permanent mark of misfortune on her family resulting
outcasting/abhorrence by other prospective bridegrooms. The surviving
sister can't remain unmarried: the patriarch society and the upper caste
rulers would not permit that. But the incidence of the "untimely death"
of her older sister prevents her parents to find a "clean" groom for her.
Now, here comes the widower willing to remarry with an batch of dowry
probably a little less than the first time. And, he will now probably be
more "forgiving" to the bride's family he already so much knows. So, who
should the family turn to but the "closely related"?
IV. Some Known Cases 1,4,5
Sudha Goel1: Sudha was burned to death when she was eight months
pregnant. Her neighbors rushed in upon hearing her screams and found her
aflame. Sudha, like many other dying women, refuse to incriminate her
husband. However, it was one of the very few cases where the husband and
monther in-law were found guilty of killing her and were sentenced to
imprisonment for life. This was possible because of active support from
feminist organizations and lawyers.
Meena Kumari1: Meena was burned to death by her sister in-law in collusion
with Meena's mother in-law and husband. This happened when Meena's
parents refused to meet the constant dowry demands. In her dying
declaration, Meena indicated how she was mentally and physically tortured
by her new family. She was also insinuated of s*xual relations with other
men. Meena's "new family" has been acquitted for lack of sufficient
evidence.
Arveen Kaur1: Arveen Kaur was found dead in her room a few years after
her marriage. Before her death, she wrote letters to her father
describing the pain, torture, and humiliation she endured as a result of
increasing dowry demands. She was deprived of food, clothing, and money.
After many years, the court has recently framed charges against Arveen's
husband and in-laws.
Surupa Guha4: Surupa was poisoned to death by her husband, in-laws, and
their family servant. The husband and father in-law were well-to-do
individuals who ran one of the best schools of Calcutta. The story of her
death featured the big newspapers for years as a hot item. Unfortunately,
neither the newspapers nor the progressive intelligentsia of Calcutta
could prevent the court acquittal of the husband and father in-law. The
servant served a prison sentence.
Vimala Devi5: Twenty two year old Vimala was burned to death after seven
years of her marriage (she was married at the age of fifteen which is a
punishable act under the Child Marriage Restraint Act -- the husband is to
be imprisoned in these cases; however, in most Indian families, birth
certificates are not registered). She sought help two times at the Shakti
Shalini shelter for battered women to cope with abusive and persistent
demands for dowry. After counseling and reconciliation with her husband,
she was sent back to her marital home. Vimala's death after seven years
of marriage demonstrated the calculation and premeditation behind the
murder. (The husband Babulal was knowledgeable about the Dowry Prohibition
Act of 1961 (amended in 1984 and 1986) that stipulates "where the death of
a woman is caused by any burns or bodily 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...such death
shall be called dowry death, and such husband or relative shall be deemed
to have caused the death").
Vimala's tragedy epitomizes the enormity of the problem. The hospital
where she was taken was incompetent in properly registering Vimala as a
burn victim, the police mishandled the case by not conducting a post
mortem, they were reluctant to pursue an investigation against Babulal and
his family. Babulal or his family was not found guilty.
Bibliography
1Rani Jethmalani, ed. 1995. Kali's Yug: Empowerment, Law and Dowry
Deaths. Har-Anand Publications, New Delhi, India.
2National Crimes Bureau, Home Ministry, Govt. of India. From: Souvenir of
the First International Conference on Dowry and Bride-Burning in India,
Harvard Law School, September 30, October 1 & 2, 1995.
3Souvenir of the First International Conference on Dowry and Bride-Burning
in India, Harvard Law School, September 30, October 1 & 2, 1995.
4The author's personal knowledge and experience.
5Ritu Banerjee. Bride burning and the law: Vimala Devi's tragedy.
Souvenir of the First International Conference on Dowry and Bride-Burning
in India, Harvard Law School, September 30, October 1 & 2, 1995.
6WARLAW: Women's Action Research and Legal Action for Women. Express
Building, 9-10 Bahadur Shah Zafar Marg, New Delhi 110002, India.
7Manushi, a journal dedicated for the cause of Indian women. Manushi
Trust, C/202 Lajpat Nagar - I, New Delhi 110024, India.
Source/Link: www.hindunet.org/srh_home/1996_2/msg00193.html