The Banned Dowry system in Pakistan
In some cultures of south Asia, when a couple is married, the bride or her family pays a certain amount of money or property to the groom known as “Dowry”. In other words, it is the price that the family of the groom demands to admit the bride to their household. In theory, in both Bangladesh and India, such transactions are illegal, and in Pakistan, they are limited in value by law. However, the dowry system plays a crucial role in the societal tribulations that triumph and infect Pakistani society. It extends its tentacles far and wide, distressing almost every segment of society and is particularly prevalent in Pakistani culture. In Pakistan, over 95% of marriages involve the transfer of a dowry from the bride’s family to the groom’s family.
A law prohibiting dowry has been passed in Pakistan this week because of the recent adverse effects of dowry and its burden on women. Pakistan is the first Muslim nation to do so, in a historic decision. Pakistan’s Minister of Religious Affairs has decided to ban the dowry tradition, which essentially revolves around the family of the groom asking for expensive gifts, furniture, cars and, in extreme cases, property to be displayed.
This issue of Dowry has affected people for centuries. Women’s rights have been exploited in the name of the dowry system, although this practice is not encouraged by Islam. So many girls stay unmarried in Pakistan because their parents cannot meet the requirements. The existence of (gross) dowry is an interpretation of women’s payment for marriage. It is also an act of discrimination against unmarried girls, the values of which are defined based on their respective gift prices. Unfortunately, in many South Asian cultures, this has become the reason people get depressed and feel cursed at the birth of a daughter.
In Pakistani civilization, the dowry system is so entrenched that sometimes one believes that there is no way out-at least not for another century. Even modern, well-educated families, when born, begin to save wealth for the dowry of their daughter, so what can one expect from the amateurish masses, whose only form of learning is customary? The bride is subject to torment, and often even murdered when problems of dowry are not resolved. The reason many parents do not want to have daughters is because of the dowry they are going to have to reimburse at her marriage, and the strain they are going through because of her in-laws ‘never-ending loads.
Dowry death is considered one of the many categories of violence against women, alongside rape, bride burning, eve-teasing, female genital mutilation, and acid throwing. Besides, it could be described as the deaths of married women who are murdered or driven to suicide by their husbands and in-laws continuously harassing and torturing them over a dispute over their dowry, making Women’s homes the most dangerous place for them to be. Dowry fatalities are found in India, Pakistan, Bangladesh, and Iran. With 8,391 such deaths reported in 2010, India reports the highest total number of dowry deaths, meaning there are 1.4 deaths per 100,000 women. In India, female dowry deaths account for 40 % to 50% of all female murders reported annually, representing a stable trend between 1999 and 2016.
For decades, dowry deaths have been on the rise in Pakistan. Pakistan, with 2,000 such deaths reported per year, has the highest dowry death rate at 2.45 per 100,000 women, adjusted for population. Dowry-related violence and deaths since Pakistan became an independent nation have been widespread. There is some controversy in Pakistan over dowry death rates. Some reports indicate that officials in Pakistan do not record dowry deaths and that death rates are culturally underreported and may be significantly higher.
However, with this historic decision of Dowry ban, the dowry will only include clothes that belong to the bride and bedsheets only as per tenets of Islamic guidance. The maximum amount to be given to the bride as her dowry will be no more than four tola gold according to the bill. It is prohibited for guests arriving at the marriage ceremony to give gifts costing more than PKR 1,000. On a positive note, in all provinces, including Khyber-Pakhtunkhwa, Azad Kashmir, Balochistan, Punjab and Sindh, this law has been implemented. To fulfil social and traditional customs, this will also help cater for expenses the bride family has to bear. The groom’s side must return the girl all the gifts and dowry in the case of divorce. The Pakistani government is now making sure this law is fully implemented.
In Pakistan, various military and democratically elected civilian governments have sought to outlaw traditional displays of dowry and costly parties. The Act of 1997, Ordinance (XV) of 1998 and Ordinance (III) of 1999 were just one such attempt. These were challenged in Pakistan’s Supreme Court. However, as it affects the Pakistani tradition, the Supreme Court ruled these laws and ordinances unconstitutional. 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. The law made demands for a dowry by the groom’s family illegal as well as the public display of dowry before or during the wedding. However, this and similar anti-dowry laws of 1967, 1976 and 1998, as well as the Family Court Act of 1964 has 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.
The Pakistani people and Muslims around the world praise this move to ban dowry by the Pakistani government as the bill will give the bride’s side ease and make marriages easier for the parents whilst reducing the majority of the violence against women.
By Jumana Jabeer
