Abstract :-
“One of the worst evils of Nepalese society is the dowry system, which is widely prevalent in the South Asian countries. Nepal very badly and caused great destruction to the socioeconomic structure of the Terai-Madhes region of Nepal.”
Legally, dowry is banned in Nepal but it still takes place in the madhesi community. First of all what is called dowry system? The marriage gifts are known as dowry. After the marriage the gifts, household items, rupees, and ornaments, and any kind of movable and immovable property brought with her by the daughter in-law are called dowry. In Terai-Madhes region now the dowry system has become a very important part of marriage. Dowry system is not only prevailing in Nepal but also in Europe, Africa, China, Greece, Japan and more other countries. In different countries, the type and purpose of dowry have remained very different, but now many countries have stopped the circulation of this practice but this practice in Terai-Madhes region of Nepal has still been in the formidable form.
PROBLEMS:-
The number of dowry related murders appears to be on the rise, coercive dowry agreements are currently only a nominally punishable crime in Nepal and must are made with impunity. Nepal has acceded to most measure human rights treaties like CEDAW, FWLD, but many legal provisions and policies are still discriminatory against women.
MAJOR PROBLEMS IN TERAI-MATHES REGION:-
• Laws related to dowry are not implemented effectively due to weak governance.
• Patriarchal mindset.
- According to NCC( Nepal criminal code ) 2074,
दफा १७४. विवाहमा लेनदेन गर्न नहुने ः (१) आफ्नो परम्परादेखी चली आएको सामान्य उपहार, भेटी, दक्षिणा, वा शरीरमा लगाएको एकसरो गहना बाहेक विवाह गर्ने दूलहा वा दूलहीका तर्फबाट कूनै किसिमको चल, अचल, दाइजो वा कूनै सम्पत्ती माग गरी वा लेनदेन शर्त राखी विवाह गर्न वा गराउन हुँदैन ।
punishment : Three years imprisonment or thirty thousand rupees fine.
Sec( 175) : Torture against dowry ( after marriage )
punishment : Five years imprisonment or fifty thousand rupees fine.
But it’s legal provision (section or punishment) and policies are still discriminatory. Dowry system has affected our society very badly and seriously. It is a social dangerous evil of Nepal. It is mainly common in Terai-Madhes region. Death of women due to dowry is increasing, many daughter-in-law and wives are physically and mentally tortured due to the lack of dowry. Bridegroom’s side openly demands the dowry before marriage. If the dowry is not much as their demand groom’s side sometimes leaves the marriage. It has been very difficult for the daughters of poor parents to get married.
There are lots of cases of dismiss the marriage if the father of girl did not give a motorbike as asked by the groom’s family. Many of the victims are burnt to death. They are do used in kerosene and set light too. In these types of cases the in-law claim that it was simply an accident. When facts unclean the story changes to suicide and said blame the girl that she can not adjust with new family and killed herself. Because of the dowry system people do not want to have a baby girl in the southern part of Nepal. The dowry, traditional culture, poverty, illiteracy are the main cause of women violence.
In fact this dowry system has broken many families and resulted mental problems, and physical tortures to innocent newly wed girls. It has caused many physical, mental damages along with murders of the younger women.
“Money is not the source of happiness but it is the source of pain. When we earn it, it gives a pain, when we guard it, it gives pain and it gives pain when it is lost.”
The whole system of family laws which governs marriage, divorce, property right the patriarchal and severely limits women command over economic sources. The system of inheritance disadvantages girls right from birth. As a guest in father household awaiting transfer to another household on marriage, a girl does not inherit from her real household.
In 21st century, still, “marriage” is losing its dignity because of this dowry system.
The government has also passed a law making dowry a punishable offense however it is still being practiced in most parts of the country causing agony for the girls and their families. Demanding checked if public opinion is formed against it. This cannot be checked without the support of the public.
Reema kumari shah
BA.LL.B(4th year)
Chakrabarti HABI education academy (college of law)
