What is dowry?
Dowry is a practice in Nepal especially terai region, where the groom’s family demands money or valuables from the bride’s family upon marriage. This practice reflects gender inequality, as it is believed that the groom is superior and expects the bride to provide a certain amount of money or property in order to be accepted by her new family. The practice of dowry is almost an unspoken rule in Nepali society. Failure to follow this may lead to social criticism and embarrassment. Nowadays, it has become a practice that exploits the bride’s family with demands based on the groom’s wealth, his family’s reputation and sometimes their caste. Several legal sanctions and strategies to end dowry practices in Nepal were made through the Constitution of the Kingdom of Nepal 1990 (Article 88, 1), the 11th amendment, 2010 of the Civil Code 1963, the Social Improvement Act, 1976 (Section 5, 2) and the Social Practice Reform Act, 2014.
According to Section 174 of the Nepal Criminal Code, transactions should not be made in marriage: (1) Apart from customary gifts, offerings, dakshina, or a single piece of jewelry worn on the body by the bridegroom or bride, any kind of movable, immovable, dowry or any property should be demanded by the bridegroom or the bride to marry or subject to transaction conditions. It should not be done.
If anyone attempts, he/she will be punished for three years imprisonment or thirty thousand rupees fine. Likewise, Section 175 states about torture against dowry ( after marriage ) and doing wrong a person shall be punished for five years imprisonment or fifty thousand rupees fine.
Dowry, a social evil, has affected society seriously. It is mainly common in Terai-Madhes region. If the dowry is not much as demanded the groom may leave 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 cannot provide a motorbike as asked by the groom’s family. Many of the victims are burnt to death. 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 newlywed girls. It has caused many physical, mental damages along with murders of the younger women.
Abuse of anti-dowry laws
Abuse of anti-dowry laws to subjugate husbands has become widespread. This abuse has prompted the Supreme Court of Nepal to describe it as ‘legal terrorism’. The one-sided nature of this law allowed women to file false cases against their husbands for various reasons:
- Avoiding a difficult marriage.
- Blackmail the husband to pressure him to pay.
- Falsely framing the husband for reuniting with ex-lovers or engaging in extra-marital affairs.
However, it goes without saying that such acts are punishable. Punishment for false cases of dowry can be meted, which prohibits the illegal act of falsely accusing someone of a crime with malicious intent, without any valid reason. This offense is punishable with imprisonment for two years or fine or both.
Why is an expert lawyer needed?
Legal guidance is important when dealing with dowry related matters in Nepal, due to complex laws and possible consequences. An expert can help you understand these laws, understand the procedures and protect your rights.