The Evolution and Impact of Dowry Laws in Bangladesh: A Comprehensive Analysis

Introduction

Dowry, a social practice deeply entrenched in many cultures, continues to pose significant challenges globally, particularly in countries like Bangladesh. Despite legal prohibitions and societal awareness campaigns, dowry-related issues persist, necessitating a multifaceted approach to combat this phenomenon. This article delves into the evolution, effectiveness, and implications of dowry laws in Bangladesh, exploring their socio-cultural context and impact on women's rights and societal norms.

Historical Context

Dowry has a long history in Bangladesh, deeply rooted in patriarchal traditions and societal norms. Historically, dowry was intended to provide financial security to the bride upon marriage. However, over time, it has transformed into a means of exploitation and oppression, with brides often subjected to harassment, violence, and even death for insufficient dowry payments. This cultural practice perpetuates gender inequality and reinforces the subordinate status of women in society.

Definition of Dowry

In Bangladesh context the definition is clearly given in Dowry Prohibition Act, 1980, Section 4 of which states as follows:

Sec. 4: In this Act, unless there is anything repugnant in the subject or context, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly- marriage or at any time 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 (Shariat) applies.

(a) by one party to a marriage to the other party to the marriage or

(b) by the parents of either party to a marriage or by any other person to either party to the marriage or to any other person; at the time of marriage or at any time 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 (Shariat) applies.

There is the definition of dowry in Sec. 2(j) of Nari O Shishu Nitjatan Daman Ain, 2000 , that extended the scope of dowry, in the following word, “Dowry’ means money, goods or any property which has been given or agreed to give to the bride-groom or his father or mother or

any person on his behalf, directly or indirectly, at the time of marriage or before marriage at any time after marriage in condition with the smooth continuation of marital life or as a consideration given by the side of the bride and the money, goods or property which has been demanded from the bride or her father or mother or any person on her behalf, by the bride-groom or his father or mother or any other person on his behalf as the above mentioned condition or consideration”.

Evolution of Dowry Laws

In response to the pervasive issue of dowry-related violence and discrimination, the government of Bangladesh enacted various legislative measures to address this issue. The Dowry Prohibition Act of 1980 was a landmark legislation aimed at prohibiting the practice of dowry and providing legal recourse for victims. Subsequent amendments and revisions have sought to strengthen the enforcement of dowry laws and enhance penalties for offenders. However, despite these legal interventions, dowry-related abuses persist, indicating the need for more comprehensive measures.

Effectiveness of Dowry Laws

The effectiveness of dowry laws in Bangladesh has been subject to debate, with critics pointing to gaps in enforcement, societal attitudes, and cultural norms that undermine their impact. While legislative reforms have raised awareness about the illegality of dowry and provided avenues for legal redress, enforcement remains a significant challenge. Deep-rooted cultural attitudes, corruption within law enforcement agencies, and social pressure often deter victims from reporting dowry-related abuses or pursuing legal action against perpetrators.

The Dowry Prohibition Act

There are no published Parliamentary debates or report of a Commission to evaluate why the Dowry Prohibition Act, 1980 was introduced. However, this is the case for all Acts and Ordinances passed in Bangladesh.

Section 2 of the Dowry Prohibition Act of 1980 of Bangladesh prohibits the giving or taking or demanding of dowry at or before or after the marriage as consideration of the marriage. Any contravention of these provisions under Section 3 and 4 will be an offence punishable with imprisonment for a maximum term of one year, or a fine of a maximum of 500 taka or both. Section 4 also provides that no court shall take cognizance of any offence except with the previous sanction of an officer authorized by the government. The Dowry Prohibition (Amendment) Ordinance of 1982 allowed a person to proceed with a complaint without the prior sanction of a government officer. Dowry as defined under Section 2 of the Act includes any property which is given, or which is agreed to be given, whether directly or indirectly, by one party to the marriage to the other party, or by the parents of one of the parties, or by any other person, to the other party to the marriage. This clearly shows an attempt to create a tight

definition of ‘dowry’. The explanation to Section 2 declares that the presents made at the time of marriage to either party to the marriage in the form of any articles whose value does not exceed 500 taka shall not be regarded as dowry unless they are made in consideration for the marriage. This presumes that gifts whose value does not exceed 500 taka are not deemed to be dowry unless made in consideration for the marriage. This also contemplates that if the value of the gift exceeds 500 taka, it must have been given as consideration for the marriage. The Dowry Prohibition Act o f 1980, under Section 6, provided for the transfer to the bride of any dowry received. If the dowry was not transferred to the bride within the stipulated period as provided under Section 6(1), the person who had appropriated it was to be punished with imprisonment for a maximum period of one year or penalized by fine for a maximum of 5,000 taka or by both. It was also specifically provided by Section 6(2) that such punishment should not relieve the person from the obligation to transfer the property taken as dowry to the bride. This expressly indicated that if any property was given as dowry it was the exclusive property of the bride. Under Section 6(3) of the Act if the woman entitled to the property of the dowry died before receiving it, the heirs of such woman were entitled to claim it from the person holding it. This anti-dowry law regards dowry as women’s property but, as we indicated above society counts it as the property of the bridegroom and his family. Bangladesh has recently seen many amendments in the dowry law. These were initiated for filling certain gaps in the Dowry Prohibition Act of 1980 and to make it more effective. However, the amendments in 1984 have also taken away an important right of property of the women in Bangladesh, so it is doubtful whether the legislative amendments actually operate towards the protection of women. By the Downy Prohibition (Amendment) Ordinance of 1982 the proviso of Section 4 was omitted, thus allowing a person to proceed with a complaint for offence of dowry without the prior sanction of a government officer. This measure helped to gain access to the protective legal mechanisms. The Dowry Prohibition (Amendment) Ordinance of 1984 existent the definition of dowry to any property or valuable security given at the time of marriage or at any time, which substituted the earlier at, before or after marriage for the purpose of ensuring that loopholes were closed. But the amendment of 1984 deleted Section 6 of the Dowry Prohibition Act, 1980 which had provided that any dowry given for the benefit of the wife or her heirs and received by any person was to be transferred by such person to the woman within a specified period of time. Although this section was rarely invoked, it did confer an important right on a woman whose family had provided a dowry. As a result of the deletion of Section 6, there is now not only a lacuna in Bangladeshi law on the issue of dowry, but the amendment has also taken away an important right of women to acquire property. The Dowry Prohibition (Amendment) Ordinance of 1986 did not fill the gap created by deletion of Section 6 of the Act. However, it made the penalty for giving or taking dowry tougher by extending the punishment of imprisonment from a maximum. The offence of dowry had been cognizable, bailable and non-compoundable under Section 8 of the Dowry Prohibition Act of 1980. By the Dowry Prohibition (Amendment) Ordinance of 1980 the offence has been made noncognizable, non-bailable and compoundable by substituting the previous section 8, which enlarges the effectiveness of the Act. These Amendments as analyzed and

commented upon above show the attempt of the legislature to enhance the effective implementation of the Act. However, the amendments have also taken away an important right of the women to own property, thus depriving women economically. Thus, Section 6 of the Dowry Prohibition Act of 1980 should be re-introduced to protect women from economic deprivation. The effects and application of the Act are analyzed below through cases to consider how far the Act is effective.

Impact on Women's Rights

Dowry laws in Bangladesh play a crucial role in safeguarding women's rights and promoting gender equality. By criminalizing dowry-related practices and providing legal protections for victims, these laws empower women to assert their rights and seek justice for dowry-related abuses. Moreover, dowry laws contribute to changing societal attitudes towards gender roles and marriage, challenging the notion that women are commodities to be bought and sold in exchange for dowry payments.

The Women and Children (Repression Prevention) Act, 2000

Section 11 of the Act provides severe penalties for dowry related violence. Besides, along with the offence of murder and the attempt to murder for dowry, in this section attempt to cause hurt for dowry has also been included as an offence and, accordingly, the section is divided into three parts-

(a) causing death or attempt to cause death

(b) to cause grievous hurt or attempt to cause hurt and

(c) to cause simple hurt.

But, what acts or attitudes will amount to an attempt to cause hurt for dowry has not been mentioned in the Act, thus, leaving the law absolutely unclear. Again, the Act provides the punishment for physical abuse and cruelty but, neither the principal Act nor the amendment made the provision for psychological abuse of women by their husbands and in-laws. Moreover, if a woman commits suicide due to mental torture, there is no provision in this Act for the punishment of the abettor of suicide. Section 18 of the Act provides that the investigation must be completed within 120 days. Additionally, section 18(iii)(a) provides, if the investigating officer fails to complete the investigation within 120 days, then another investigating officer may be appointed for doing so and will complete the investigation within another 30 days. But, it is not mentioned in the Act that, what will happen if the investigating officer who is subsequently appointed fails to complete his task within 30 days. However, the reality is that most of the investigations are not completed within this time period due to various reasons. Again, Section 20 provides that the trial should be completed within 180 days. But, in Bangladesh no case under the Nari-Shishu Tribunal has yet been settled within the prescribed time period.

Challenges and Future Directions

Despite the existence of dowry laws, challenges persist in effectively combating this entrenched practice in Bangladesh. Addressing these challenges requires a multifaceted approach that involves legislative reforms, awareness campaigns, capacity building for law enforcement agencies, and community mobilization efforts. Additionally, there is a need for greater collaboration between government agencies, civil society organizations, and international partners to tackle dowry-related issues comprehensively.

Conclusion

In conclusion, dowry laws in Bangladesh represent a critical step towards addressing the pervasive issue of dowry-related violence and discrimination. While these legislative measures have made significant strides in protecting women's rights and promoting gender equality, challenges remain in enforcement and societal attitudes. Moving forward, concerted efforts are needed to strengthen the implementation of dowry laws, change cultural norms, and empower women to challenge the practice of dowry in all its forms. Only through collective action can Bangladesh overcome the harmful effects of dowry and create a more equitable and just society for all its citizens.