Date of Award

2024

Degree Type

Dissertation

Degree Name

Doctor of Law (SJD)

First Advisor

Dr. Zakia Afrin

Second Advisor

Dr. Ogechi Joy Anukuwah

Third Advisor

Dr. Chris Nwachukwu Okeke

Abstract

The practice of dowry in India has been theoretically linked to, a number, of factors, including the nature of residence and inheritance system, women's role in production, kinship organizations, relative availability of potential spouses, and social stratification in society. The dowry system has paved the way for women to become victims of innumerable social evils such as female feticide, female infanticide, child marriage, domestic and family violence, dowry deaths and bride burning. To curtail the dowry system, various states of India since 1950 have passed several legislations and the Central Govt. (Parliament of India) has enacted the Dowry Prohibition Act,1961 and subsequent Sections 304B and 498A of the Indian Penal Code, but the laws have been highly criticized by Indian society for being ineffective till today. The United Nations has been an advocate for women's rights since its inception in 1945, explicitly stating so in its Charter's Preamble, the Universal Declaration of Human Rights (adapted in 1948). UNICEF is fighting for women rights till today, but the killing of brides due to dowry still prevails today at an alarming rate of one about every hour in India. The Dowry Prohibition Act,1961, IPC sections 304B and 498A and state laws in India will be studied and recommendations will be made to modify the state laws as deemed appropriate to be effective in providing justice to dowry victims and their families. The study of International Human Rights Law and domestication of international covenants will be performed to find a solution to the plague of dowry which is almost spread in other parts of Asia and has caused so much destruction and devastation to the society. Modern society is sensing a wave of hate against dowry, and with their support precious lives of newly wedded brides can be saved in India from dowry deaths.

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