Dowry System in Nepal

A dowry is when a bride's family presents money, goods, property, or valuable items to the groom or his family during the marriage ceremony as per cultural tradition. Different cultures and societies have varying definitions and practices regarding dowries. In the past, dowry was used to guarantee the bride's financial stability, support her welfare, and assist the couple in setting up a new home. It was commonly viewed as a way of passing down wealth to the bride, especially if she had little access to family riches. Nevertheless, dowry customs have changed in numerous cultures and may occasionally be seen in a negative light. In certain situations, dowries have resulted in exploitation as the groom's family requests substantial sums, leading to financial difficulties for the bride's family. In severe situations, dowry requests have been associated with instances of domestic abuse and even deaths related to dowry, particularly in nations such as India.

The dowry tradition in Nepal is deeply ingrained in Hindu communities as well as other groups due to its cultural and historical significance. In many areas of the country, the practice continues to be widespread despite being prohibited by law, causing significant social and economic problems.

In Nepali culture, particularly in Hindu-dominated regions, dowry (referred to as Daijo or Tilak) was traditionally seen as a means for the bride's family to offer financial protection. This consisted of things such as currency, gold, personal belongings, and occasionally real estate.

Context of Patriarchy: The practice of dowry originates from patriarchal beliefs, viewing women as reliant on their husbands post-marriage. The dowry was a means of transferring wealth from the bride's family to her husband's family.

Cultural Norm: Dowry customs are widely accepted in various parts of Nepal, particularly in the Terai region, where they align with the cultural traditions of northern India.

There are some challenges associated with the tradition of dowry in Nepal:

Financial burden: Relatives of the bride are usually under a lot of stress to present substantial dowries, resulting in significant financial difficulties. Lower-income families may struggle with meeting dowry demands, leading to possible debt or selling of assets and land.

Sexism: The practice of dowry perpetuates the belief that females are a financial liability. This has resulted in some families favoring sons over daughters, leading to the continuation of gender inequality in the country.

Dowry-related violence has been recorded in Nepal, although not as frequently reported as in nearby countries. Failure to meet dowry demands by the bride's family may result in domestic violence, harassment, and in severe instances, dowry-related fatalities or self-inflicted deaths.

Stability in marriage can be affected by tensions arising from dowry demands and disputes. If the groom's family considers the dowry insufficient, it can cause conflict, possibly leading to divorce or bride abandonment.

Legal Framework

National Criminal Code, 2074, section 174 deals with the chapter on dowry as an offense. It states that:

Prohibition of transacting property in marriage:

1. No marriage shall be concluded, or caused to be concluded, upon having asked for, or on the condition of receiving or giving of, any movable or immovable property, dowry or any property from the bridegroom or the bride side, except such ordinary gift, donation, money or one set of jewelry worn on the body as has been practiced in his or her custom.
2. A person who commits the offense referred to in subsection (1) shall be liable to a sentence of imprisonment for a term not exceeding three years or a fine not exceeding thirty thousand rupees or both sentences.
3. No person shall, after the conclusion of marriage, ask the bride or her relative for any movable, immovable property or dowry referred to in subsection (1), or make, in any way, any annoyance, harassment or inhuman or degrading treatment to the bride or her relative for the reason that such movable, immovable property or dowry has not been given.
4. A person who commits the offense referred to in subsection (3) shall be liable to a sentence of imprisonment for a term not exceeding five years or a fine not exceeding fifty thousand rupees or both sentences.
5. Where any property has been taken as mentioned in subsection (1) or (3), such property shall be returned to the concerned person.

The practice of giving dowry in marriage is seen as criminal behavior as it reinforces damaging cultural standards and results in pervasive mistreatment, inequity, and aggression, especially towards women. The tradition of dowry, where the bride's family provides money, gifts, or assets to the groom's family, can create significant financial pressure on the bride's family, potentially causing financial difficulties. This tradition reiterates the belief that women are a financial burden to their families and must be "paid for" with a dowry. Insufficient or unmet dowries can lead to severe outcomes like domestic abuse, harassment, and even common dowry-related deaths in countries where the practice is deeply rooted. Due to its exploitative characteristics, various nations like India, Nepal, Pakistan, and Bangladesh have implemented legislation criminalizing the request or receipt of dowry in marriage, acknowledging it as a type of gender-related violence and discrimination.

Despite these legal structures, dowry remains prevalent in numerous societies as a result of cultural customs and societal influences. Categorizing dowry as illegal aims to prevent harmful customs by punishing people involved in demanding or giving dowries, and also to emphasize that marriage should not involve exchanging money. The dowry system's practice diminishes women's value by viewing them as goods with their value linked to financial transactions. This results in an unequal distribution of power in marriage, potentially resulting in violence and discrimination against women if dowry demands are not fulfilled. Making dowry illegal is a crucial move in promoting gender equality and safeguarding women's rights and dignity. It also promotes a shift in societal norms towards valuing love, respect, and support in marriages over monetary exchanges.