Meaning and Nature of Bride Burning
Bride burning is a form of torture and murder practised in and around the Indian subcontinent. It is a type of dowry death in which a woman is killed by her husband or his family due to her family’s refusal or inability to pay additional dowry.
In such cases, the woman is typically doused with kerosene, gasoline, or another flammable liquid and then set on fire, resulting in death by burning. Kerosene is frequently used as a cooking fuel for small petrol stoves in many households, some of which are unsafe. This circumstance has often been used to falsely claim that such deaths were accidental in nature.
Bride burning is most prevalent in India and has been recognised as a major social problem there since at least 1993. In 2004, it was officially acknowledged as an important issue affecting women in the country.
In 1995, Time magazine reported that dowry-related deaths in India had risen sharply, from approximately 400 cases per year in the early 1980s to about 5,800 cases annually by the mid-1990s. According to data from the Indian National Crime Records Bureau, in 2008 there were 1,948 convictions and 3,876 acquittals in cases related to dowry deaths.
Dowry Death and Its Forms
A dowry death refers to the death of a young woman in South Asian countries, primarily India, who is either murdered or driven to suicide by her husband or his family as a result of persistent demands for additional dowry from the bride or her family. Bride burning is one form of dowry death; other forms include acid attacks, poisoning, and various acts of fatal violence.
Because dowry practices are closely linked to class and socioeconomic status, women are often subjected to continuous financial pressure from their husbands or in-laws. These pressures frequently intensify after marriage, placing women at heightened risk of abuse and violence.
Origins of Bride Burning
Several explanations have been proposed to account for the emergence and persistence of bride burning in South Asian societies. Avnita Lakhani, in her report “The Elephant in the Room Is Out of Control”, outlines four major perspectives that explain how dowry practices, and consequently bride burning, became entrenched.
One culturally grounded theory links bride burning to deeply patriarchal social structures in countries such as India. In such societies, a woman’s role is often defined even before birth, positioning her as inferior to men. Women are frequently perceived as economic burdens or “extra mouths to feed,” reinforcing the belief that men, viewed as economic and physical assets, are entitled to exert control over them. After marriage, societal norms mandate obedience to the husband, further entrenching women’s subordinate status.
Another theory attributes the rise of dowry-related violence to consumerism. As economic aspirations increased, dowry became a means of acquiring higher social status. This led to escalating dowry demands, as families sought to continuously improve their position within the social hierarchy.
Lakhani also suggests that the dowry system may have historically functioned as a cultural marker distinguishing Hindu practices from Muslim traditions. In this context, higher dowries signified greater social status and cultural distinction, incentivising increasingly excessive demands.
A final perspective traces the formalisation of dowry practices to British colonial rule in India. Some scholars argue that the British administration reinforced dowry practices among lower castes to differentiate and regulate forms of marriage across castes. Indigenous, ritualised marriage systems were gradually discredited, while upper-caste marriage practices, where dowry was prevalent, were recognised and institutionalised.
Laws Related to Dowry Death and Bride Burning in India
1961:
The Government of India enacted the Dowry Prohibition Act, 1961, which made the demand for dowry in marriage arrangements illegal.
1986 (Indian Penal Code):
The Indian Parliament recognised dowry deaths as a distinct offence related to domestic violence by inserting Section 304-B into the Indian Penal Code (IPC).
Definition under IPC Section 304-B:
- If a woman dies within seven years of her marriage, and
- It is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband,
- And such cruelty or harassment was in connection with a demand for dowry,
- The death is classified as a “dowry death”, and
- The husband or the relative concerned is deemed to have caused the death.
Punishment under IPC Section 304-B:
- Minimum: Seven years’ imprisonment
- Maximum: Imprisonment for life
Current Legal Position (BNS):
- The offence of dowry death, previously covered under Section 304-B IPC, is now dealt with under Section 80 of the Bharatiya Nyaya Sanhita (BNS).
- The essential elements of the offence remain the same, including the requirement of death within seven years of marriage due to cruelty or harassment related to dowry.
- The punishment continues to range from a minimum of seven years’ imprisonment to life imprisonment.know more
Statistics
Many cases of dowry-related domestic violence, suicides, and murders continue to be reported in India. According to the National Crime Records Bureau, 6,156 people lost their lives in dowry death cases in 2023, and 15,489 cases were registered under the Dowry Prohibition Act during the same period. Between 2017 and 2022, NCRB data shows 35,493 dowry deaths were recorded, averaging about 20 such deaths per day, though only about one in six cases led to convictions.
Measures to Prevent Bride Burning
There are ongoing governmental initiatives aimed at criminalising bride burning, along with grassroots organisations working to combat the practice. In addition, international legal frameworks addressing human rights violations also seek to prevent such acts. Various proposed initiatives have likewise been put forward at the global level to address and ultimately eliminate bride burning.
Governmental efforts
- Dowry Prohibition Act, 1961:
- In 1961, India enacted the Dowry Prohibition Act to curb dowry-related murders.
- The Act was amended in the early 1980s to “rectify several inherent weaknesses and loopholes.”
- The amendments made it a criminal offence if a husband or his relatives cause a woman to:
- die of burns, bodily injury, or under unnatural circumstances,
- within seven years of marriage, and
- where there is evidence that she was subjected to cruelty or harassment in connection with dowry.
- The Act does not provide a comprehensive definition of dowry, allowing flexibility in how dowry is demanded or delivered.
- This lack of clarity has enabled perpetrators greater scope in defending dowry death cases in court.
- The seven-year limitation has also been criticised, as it potentially allows perpetrators to delay acts of violence until after the period ends.
- Anti-Cruelty Statute, 1983:
- The 1983 Anti-Cruelty Statute prohibits cruelty against a wife.
- It subjects the husband and/or in-laws to fines or imprisonment if cruelty is inflicted.
- The law has been criticised for being ambiguous, leading to inadequate enforcement in cases of bride burning and dowry-related murders.
- Universal Declaration of Human Rights (UDHR):
- Article 1 of the UDHR states that all human beings are born free and equal in dignity and rights, are endowed with reason and conscience, and should act towards one another in a spirit of brotherhood.
- Article 5 of the UDHR declares that no one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.
Non-governmental efforts
In India, where the majority of reported cases of bride burning occur, domestic legislation is often inadequately enforced. As a result, grassroots organisations have assumed a significant role in efforts to prevent bride burning. One such initiative includes government-funded family counselling centre cells, which are intended to strengthen family relationships and reduce reliance on formal legal intervention.
However, these centres have been criticised for frequently reinforcing harmful stereotypes, such as portraying women as having “sharp tongues” while normalising men’s authority to “hit and beat.” Similar counselling-based non-governmental organisations have been established to address dowry-related violence, but they have often produced comparable outcomes and limitations.
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