December 26, 2023

Impact of Dowry and NRI Marriages: Legal measures taken

Impact of Dowry and NRI Marriages: Legal Measures Taken

This article is written by Ms. Tanaya Devadhe, a 3rd year BALLB student at ILS Law College, Pune.

 

Abstract

Today, the Indian notion of sacramental marriages faces, among others, the twin issue of problems with Non-Resident Indian (NRI) marriages and dowry. The social evil of dowry looms over the heads of parents and guardians and its repercussions such harassment and abuse do not spare the bride or the bridegroom. In addition to this, the increasing instances of fraudulent NRI marriages for the purpose of extracting dowry has added fuel to the fire.  This article aims to dwell into the effects of dowry on marriage in general and NRI marriages in particular. The article further attempts to understand the legal remedies available to the aggrieved parties in cases involving demand for dowry in NRI marriages.

Key words: Non-resident Indians, Marriages, Dowry, Over-seas Indian Citizens Marriages

 

Introduction

Homo sapiens, arguably the most cognitively developed species, have always worked for a better life, right from invention of wheel to invention of automated vehicles. Todays’ capitalism induced consumerism has expanded this need to live a better life to an extent that people want to live a better and luxurious life at the cost of life itself. This need has crossed barriers of purely economic pursuit and has entered into the socio-cultural domain. In this domain, a better life is sought through the institution of marriage. Even though the practice of forming marital ties between different families for economic cooperation and for sustenance is not new, the extent to which this practice has reached is alarming. The need for a better standard of living is at the heart of Non-resident Indian marriages in India. The families and the parties intending to marry use the institution of marriage as a stepping stone in their journey towards a luxurious life by using each other for their own benefit. As much as anyone would want a good life, using marriage for the same defeats the emotional and social purpose of the institution and makes the parties vulnerable to the other as they are harassed owing to the hunger for money and wealth.

The phenomenon of dowry is not very far from this rationale either. The term “dowry” refers, in general, to the property that a man inherits from his wife or her family upon marriage, including presents, jewellery, and cash. Although dowries are typically associated with Hinduism, they are really performed throughout India by people of many other religions. This practice is far from the practice of giving gifts to the bride and groom during the marriage as goodwill and symbol of celebration as dowry is extorted out of the parents and guardians of one of the spouses, mostly the brides’. Thus, dowry refers to extortion of money, property or any other thing with monetary value during the marriage, generally, by the groom and his family from the bride’s father. 

One of the leading plotlines for NRI marriages involves the arrangement of marriage at the cost of s hefty dowry, on the grant of which the husband returns abroad with a promise to bring the wife with him later on only to never come back or take her with him only to harass her for more dowry or use her for domestic purposes. Other issues relating to NRI marriages involve non-consummation of marriages, marriages for the sake of convenience, bigamy, physical and emotional abuse, ex parte divorce, etc. 

Who is an NRI? What are NRI marriages?

The term “NRI” is not expressly defines in any of the Indian laws but has been indirectly defined in the Income Tax Act, 1961 and the Foreign Exchange and Management Act, 1999. 

The Income Tax Act does not define NRIs specifically. Section 6 defines who is regarded a Resident in India and defines anyone who does not match these conditions as a Non-Resident. A person’s status as a resident or non-resident is determined by his length of residence in India. For each fiscal year beginning on April 1st and ending on March 31st, the length of stay is measured in days. 

Section 2 of the Foreign Exchange Management Act comprises sections A to Z(e) that define several terminologies. Clause V outlines who is a resident Indian; those who do not fit into this category are referred to as non-residents under Section 2. According to clauses V and W, an Indian Citizen who remains overseas for (a) employment/business or (b) vacation outside India or (c) stays abroad under conditions suggesting an intention to stay abroad for an indefinite period of time is a non-resident. 

Despite the fact that this is a gender-neutral term, most ‘NRI marriages’ are between an Indian woman from India and an Indian man residing in another country (thus NRI – non-resident Indian), either as an Indian citizen (when he is legally an ‘NRI’) or as a citizen of that other country (when he is legally a PIO – person of Indian origin).

 

Impact of Dowry on NRI marriages

Dowry has been a longstanding tradition in many cultures, including those of Indian origin. It is a practice where the bride’s family presents gifts, money, or property to the groom and his family as a condition of marriage. While the act of giving and receiving dowry may seem innocent, the implications can be far-reaching and detrimental, particularly in the context of NRI (Non-Resident Indian) marriages. The negative impact of dowry on NRI marriages is undeniable, and it is essential that we address this issue and work towards its eradication.

Economic Pressures:

The impact of dowry on NRI marriages is most evident in the economic pressures it imposes on the bride’s family. The anticipation of a substantial dowry places families in a precarious position, navigating the delicate balance between meeting societal expectations and potential financial strain. The quest for economic stability often compels families to provide dowries that can be exorbitant, amplifying their vulnerability in the process. In the case of NRI marriages, where the groom is often residing in a different country, the pressure to provide a substantial dowry can be even more intense. This can lead to instances of financial exploitation and extortion, as the bride’s family is coerced into meeting unrealistic and exorbitant demands. This can have devastating consequences on the financial stability and well-being of the bride’s family, leading to long-term repercussions that extend beyond the wedding ceremony itself.

Exploitation and Abuse:

The confluence of dowry and NRI marriages often leads to exploitative power dynamics within the marital relationship. The expectation of dowry can empower the groom and his family, creating an environment where the bride is susceptible to exploitation and abuse by both, her husband and her in-laws. Disputes over dowry amounts or perceived inadequacies can result in mistreatment, perpetuating gender inequality and compromising the autonomy of women within these unions. The cases of dowry deaths, where the brides are either killed or are instigated to commit suicide through constant mental and physical abuse, are not unheard of in NRI marriages. 

Marital Discord:

Dowry’s impact on NRI marriages manifests prominently in strained relationships between spouses. Disputes arising from dowry-related expectations, disagreements over its utilization, or dissatisfaction with the provided amount contribute to marital discord. The joy of matrimony can be overshadowed by tensions rooted in economic transactions, transforming the marital home into a battleground for disputes over dowry matters.

Legal Complications:

Navigating the legal landscape in the context of dowry and NRI marriages introduces a layer of complexity. Dowry harassment cases may arise, and legal intricacies are heightened when spouses reside in different countries. Jurisdictional challenges, variations in legal systems, and enforcement disparities create hurdles for individuals seeking legal redress, adding another layer of stress to an already complex situation.

Emotional Toll on Brides:

Beyond the legal and economic dimensions, the impact of dowry on NRI marriages extends to the emotional well-being of brides. The pressure to meet dowry expectations can induce feelings of inadequacy, stress, and anxiety. When brides are unable to fulfill these expectations, the emotional toll intensifies, potentially affecting mental health and overall life satisfaction. The promise of a better life through an NRI marriage can, in some instances, transform into a source of emotional distress for women.

Cultural Clash:

Dowry’s impact on NRI marriages is further compounded by the clash between dowry practices and the cultural values of the countries where NRI couples reside. Cultural misunderstandings arising from divergent views on dowry can strain the relationship between spouses and contribute to a sense of alienation for the bride, caught between the cultural norms of her home country and those of her new environment.

  1. Objectification of women:

The practice of dowry perpetuates the commodification of women. In many cases, the amount of dowry offered is directly correlated with the perceived social status and economic standing of the groom and his family. This can lead to a culture of materialism and objectification, where a woman’s worth is measured by how much her family is willing to pay for her marriage. This not only diminishes a woman’s autonomy and agency, but also reinforces harmful gender stereotypes and perpetuates inequality.

 

Legal measures available:

In their desire not to lose such a good marriage, the families completely disregard even the most usual safeguards observed in traditional matching. They also fail to recognise that if something goes wrong in an NRI marriage, the woman’s access to justice is severely limited because such marriages are now governed by far more complex private international laws that involve the legal systems of both countries. They even neglect the simple truth that a woman navigating her way to justice across hundreds of miles would be a tremendously aggravating process. The heightened risks in such marriages, such as the woman being isolated far from home in an alien land, inevitably facing language and communication constraints, a lack of knowledge of local criminal justice, police, and legal systems, a lack of a support network of friends and family to turn to, a lack of immediate and readily available monetary support, and a place to take shelter, are issues that no one wants to discuss or hear about at the time of marriage.

The following legal remedies are available for parties aggrieved because of dowry demands:

  1. Economic Pressures:
  • The problem of economic pressure can be addressed by the dowry prohibition act. Before the 1984 amendment, the term “dowry” could only be used to describe gifts or cash provided as “consideration” for the marriage. In addition, Section 2 included an Explanation stating that “any presents made in the form of money, ornaments, clothing, or other articles to either party to the marriage at the time of the marriage shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties.” This clause made it more difficult to enforce the Act’s broad provisions and to prevent dowries from being given in either direct or indirect ways. If something was promised or agreed to be delivered as payment for the marriage, then anything paid after the marriage would be considered dowry. Later, in 1984 and 1986, the clause was changed to broaden the definition of “dowry.”
  • According to Section 3 of the Act, giving or receiving dowry is punishable by a minimum five-year jail sentence and a fine of not less than fifteen thousand rupees, or the greater of the dowry’s worth. Nonetheless, it is not illegal to give gifts to the bride or groom during the marriage ceremony if no such request is made. According to Section 5 of the Act, dowry agreements are null and void, and the sum paid as dowry cannot be determined. According to Section 6, dowry obtained by someone other than the lady must be delivered to her within the Act’s specified time frames.
  • According to Section 7(b) of the Act of 1961, a court could not consider a crime unless a complaint was filed within a year of the offense’s date. Moreover, Section 4 stipulated that the State Government’s prior approval was necessary to recognise a crime under the Act. Amendments from 1984, however, eliminated both of these limitations. The amending Act also introduced Section 8A, which places the burden of evidence on the accused party in cases involving dowry demands, theft, or abetting.
  • NRIs can be booked under this Act as they are Indian citizens and are subject to Indian laws. The problems of summons and notices, however, make it difficult to enforce the provisions of this Act. Given how NRI marriages fall in the category of private international law, it is difficult to adjudicate such matters and these disputes often continue for prolonged periods of time. Securing the presence of non-resident individuals (NRIs) is one of the challenging challenges involved in pursuing the legal remedies accessible to brides. The Passport Act’s Section 10, subsection (3) and clause (h) of the same are the best options. If the passport is detained or impounded, the NRIs will have little choice but to appear in Indian court. This practice has been held constitutional by the Apex Court in the case of Rajiv Tayal v. Union of India & Ors.

 

  1. Exploitation and Abuse:
  • The DPA hasn’t been able to completely abolish the dowry system. Furthermore, it lacked any clauses addressing the problem of mistreatment and intimidation stemming from dowry. As a result, the Indian Penal Code (IPC) was amended in 1983 to include Section 498A, which penalises husbands and their families for mistreating their wives, even when it’s done to get a dowry. It states that:

“Section 498A. Husband or relative of husband of a woman subjecting her to cruelty

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation

For the purpose of this section, “cruelty” means—

  • any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
  • harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.”
  • The Indian Penal Code’s Section 498A has no mention of the word “dowry.” With the aim of addressing “both cases of cruelty to married women by their in-laws as well as cases of dowry deaths,” the Indian Penal Code (IPC) included Chapter XXA, which includes Section 498A. In order to “deal effectively not only with cases of dowry deaths,” this was done. The law that specifically concerns dowry is the Dowry Prohibition Act of 1961. A married woman is not allowed to be harassed in order to compel her or her family members to comply with an illegal demand for any property or valuable security in the form of dowry. This is against Section 498A, which defines and addresses cruel treatment, including mental and physical abuse, directed at married women. Furthermore, this section suggests that harassment is a form of compulsion.
  • Owing to Section 3 of Indian Penal Code, 1860, “Anyone who is liable under any Indian law to be tried for an offence committed outside of India shall be dealt with for any offence committed outside of India in accordance with the provisions of the Indian Penal Code in the same manner as if such an act had been committed within India.”
  • According to Section 108A of the Indian Penal Code, “Any person who, in India, abets the commission of any act within and beyond India which would constitute an offence as if committed in India” is guilty of aiding and abetting an offence under this code. If an NRI violates any of the IPC’s sections 498A, 494, or 495 while travelling abroad, she may bring a criminal prosecution in India.

Dowry death:

There were no particular laws addressing violence in married homes before to 1983. Under basic legal regulations pertaining to murder, abatement to suicide, inflicting harm, and unjust detention, husbands and in-laws may be found guilty. In addition, women found it very challenging to establish the “beyond a reasonable doubt” standard of proof for domestic abuse imposed by their husbands and in-laws, as needed by criminal law. Since the crimes are done inside the house’s four walls and behind closed doors, there would be no witnesses to support their claims. It was necessary to develop new criteria in order to quantify injury. As an illustration, complaints are often only accepted following the commission of an infraction. However, in a domestic setting, when she lives with and is reliant on her attacker, a woman might require protection even before to the crime, when she perceives risk to her life. Consequently, particular provisions have been included in the legislation pertaining to women.

  • The Dowry Prohibition (Amendment) Act, 1986 (43 of 1986) created a new offence known as “Dowry Death” and added it to the Indian Penal Code as section 304B. This new law went into force on November 19, 1986. According to this clause, if a woman passes away unexpectedly within seven years of marriage and it can be demonstrated that she was harassed or exposed to cruelty by her husband or his family for the dowry shortly before she passed away, the husband or his relatives will be held legally responsible for the lady’s death. The highest penalty for causing this death is life in prison, with a minimum sentence of seven years. Compared to section 498A of the Penal Code, section 304B of the IPC has stricter regulations. The Court of Session may try the offender and the offence is cognizable and non-bailable.
  • Following a thorough examination, section 304B, IPC, has the following requirements:
  1. a) Burns or other physical harm should be the cause of a woman’s death, or anything other than what would happen normally;
  2. b) The woman’s death must have happened within seven years of her marriage;
  3. c) Her husband or any family member must have mistreated or harassed her; 
  4. d) The mistreatment or harassment must have been motivated by or associated with the demand for a dowry; 
  5. e) The mistreatment or harassment must have been inflicted upon the woman prior to her death.

 

Even though dowry deaths in NRI marriages do not have alarming statistics, it is one of the important remedies available to aggrieved parties for dowry deaths are not unheard of.

  • Additionally, the Ministry of Non-Resident Indian Affairs, established in May 2004 and renamed the Ministry of Overseas Indian Affairs (MOIA) in September 2004, is the primary Ministry for all affairs concerning NRIs. Though the Ministry has not been specifically assigned any business directly dealing with the plight of Indian women abandoned by NRI husbands, it has been given responsibility for all matters relating to overseas Indians, including Persons of Indian Origin (PIOs) and Non-Resident Indians (NRIs), excluding entries specifically allotted to other Departments. Some incidences of desertion of women by their overseas Indian spouses, dowry demands, harassments, and so on have been reported to the authorities like Ministry of Women and Child Development, Institutions such as National Commission for Women (NCW) and State Commissions for Women, National Human Rights Commission and the State Governments.

 

Conclusion

The subject of Indian women being deserted by their spouses who live abroad is delicate and multifaceted. They are also covered under private international law. The Ministry’s strategy for resolving these concerns is to educate potential brides and their families about their rights and obligations as well as the precautions that should be taken while forming marriages with grooms who live abroad, especially if one is demanding an exorbitant dowry! Even with education and the legal recognition that dowries are prohibited, violence associated to dowries has not been eliminated; rather, it is growing quickly and dispersing throughout the nation. The dower, which was once used as a means of supporting the daughter financially, has evolved into a fashion and cultural item. It is challenging to gather and record statistics on dowry victims as victims of dowry-based violence are often mute and do not report their experiences to the authorities as a result of sociocultural norms and beliefs. Women who obtain justice are extremely uncommon. Laws must thus be carefully applied and examined.

 

References

  • Cases:

Rajiv Tayal v. Union of India & Ors. (124 (2005) DLT 502: 2005 (85) DRJ 146)

Reports:

Research papers:

Blogs/ Articles

 

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