Tuesday 2 April 2013

DOWRY SYSTEM – other than India and its Neighbours


The three part series article on ‘Dowry system’ in various countries across the globe covering India with crime, deaths and related laws in the first part followed by position and effect in the neighbouring countries like Afghanistan, Bangladesh, Burma, China, Nepal and Pakistan in the second part and furthermore how the system runs in Ancient Rome, Europe, Greece, Gulf, Japan, Mexico, New France, North America, South America Brazil, United States and Vietnam in third and concluding part.
  
Ancient Rome

A gift from bridegroom to the bride on account of marriage, i.e., Dowry is called ‘donatio propter nuptias’. Originally, it was called 'donatio ante nuptias' but once the practice has been  legally allowed it increased the donatio after marriage and even to constitute it altogether after marriage, the more comprehensive term 'donatio propter nuptias' was used.
         
In many ways, it is analogous to ‘Mahr’ the Islamic marriage gift (or legally binding promise of future payment) from the man to the woman at the time of the marriage. However, the opinion of modern jurists are widely divided on the notions, purpose, and law of the ‘donatio propter nuptias’

Europe
         
Early modern era too witnessed the practice of Dowry in Europe. Some prominent established practices used to result damages for any refusal or failure to provide the customary or agreed-upon dowry and would finally mean to call off the marriage in England. The competition between the step-mother/daughter for resources includes the need to provide dowry usually interpreted by the folklorists in the French folk tale Cinderella. A common punishment to the abductor or rapist for kidnapping or rape of an unmarried woman generally was to provide the victim, woman with dowry which used to be called the wreath money, or the breach of promise till the 20th century. To provide dowries for poor women was treated as a form of charity by wealthier parishioners.
         
Some parts of Europe, especially Eastern one, had common practice of land dowries. The parents in County of Bentheim,  having no sons used to give a land in dowry to their son-in-law on the promise subject to a condition that he takes the surname of his bride, in order to continue the family name. The vast inheritances were standard as dowries for aristocratic and royal brides in Europe during the Middle Ages. The Portuguese crown gave two cities as dowry to the British Crown in 1661 when King Charles II of England, Scotland and Ireland married Catherine of Braganza, princess of Portugal.  
         
In fact, the Dowries were considered as early payment of daughter's inheritance by the upper class, in Victorian England. The daughters who did not receive their dowries used to be entitled to part of the estate when their parents died and on death of a couple without children means that the bride’s dowry would return to her parental family. The nuns too, in some cases on joining convents were required to bring the dowry and sometimes, such as Ancient Régime France, convents also used by some parents and present less attractive daughters, to ensure larger dowries  for elder daughters for marriage. 

Greece
         
The practice of ‘bride price’ was prevalent in ancient Greece and dowries used to beexchanged in the later classical time (5th century BC). Ancient Romans, too practiced dowry, but the Germanic tribes practiced the reverse custom of the ‘dower’ where a husband had some rights in his wife's dowry and the ‘paraphernal property’, which the brides earns out of her own from the job or service

The Dowry system is on fast track. The marriages earlier were on formal contract or Dowry which increased manifold. It was 16.8 per cent in 1957 which increased to 24.8 per cent in 1974 for obvious reasons of being tax free up to a limited target and beyond that the dowry given to a daughter attracted half as much tax as on inheritance or other gifts.

GULF
         
The gulf countries have almost a different scenario as the big dowries are demanded by the bride’s family including the cost of the wedding party, clothes, jewellery and other gifts which forms the part of the gulf traditions. Besides, the banquet feast with sheep in abundance are served along with bagful of rice and other dishes and heavy expensive gifts in the form of clothes, perfumes and jewellery for the bride are given by the groom’s side.

Japan
         
Mostly, about 8 lakh weddings take place annually in Japan with 60 to 70 percent of couples prefer the Christian-style which has gained popularity very fast. Another form of popular wedding style is called 'non-religious' or 'civil', which again is modeled on the western style but without religious connotations.

Mexico

The custom of Dowry, an imported phenomena, has been brought over here by the Spanish colonists. The laws offer bride the right to control her dowry after marriage which is opposite to usual European practice of surrendering it to the groom and his family. Though, women control their dowry after marriage and either of them, husband or wife could utilize the funds out it to invest for children or the mutual benefits. Dowry, a common custom earlier during colonial period but were passed out of use by the mid-18th century. By that time, less wealthy daughters were often marrying without any dowry.

New France

          The French government’s granted dowries to women willing to travel to the colony at Quebec to encourage marriage of male soldiers and traders in New France. On doing so, the brides were titled or known as ‘filles du roi’ (daughters of the king). As in Europe, the Convents in Quebec, required a dowry from the parents of girls, aspiring nuns, similar to the dowry expected in the marriages of upper class brides intending to maintain some control over the new members of religious communities.

North America
          The worldwide study of indigenous cultures finds about 6 percent of North Americans practice reciprocal exchange which involves giving of gifts between the families of bride and groom. The tribes of the American Plains, a combination of ‘dower’ and dowry was largely in practice where groom gave a gift to the bride's parents and in return would get a gift from bride’s side. The exchange was the reciprocal one.


South America Brazil         

The Portuguese settlers brought dowry custom to Brazil. Colonial economics alike Europe, the eldest daughter was usually granted the largest dowry by her parents meaning that the families had a great stake in inheritances of land in particular similar to Colonial economics. Variations were not unusual as the researches show that parents used to give heavy dowries to younger daughters with no particular favour in respect of the birth order.  The daughter’s could also be granted on inheritance from their father, a share of the legitima besides dowry

United States
         
The colonists custom of dowry was brought to the United States from England and elsewhere in Europe. A legend explains, John Hull, Master of the Mint in Boston and a wealthy man, gave dowry to his daughter, Hannah's in the marriage with Samuel Sewall by weighing the 18-year-old Hannah, the daughter on one side of the large scales in his warehouse and piled shillings into the other side of the scale until the scale reached her weight in silver, and that was her dowry to marry Samuel Sewall.
         
The Native American tribes had dowry system as found in the marriage of Virginia settler John to Pocahontas who brought dowry in the marriage which included a large amount of land. During the 19th century Industrialists, with large amounts of inherit money and property gave dowry to their daughters to marry European aristocrats, who held a title but little wealth and subsequently this mutual exchange of title and wealth upgraded the status of both, the bride and groom.

Vietnam

The custom of dowry payments dates back to the 15th century. Earlier, the custom of dower or bride price was well in practice which survived in South Vietnam till the 17th century. Dowry was exclusively under the bride’s control being treated as her wealth. Sometimes, the bride's parents were given the dowry, and they used to give part of it to the bride as dowry. The practice reflected relatively a high status of women and enabled them to have a certain degree of independence which later received wide condemnation by the Christian missionaries being considered as wife-buying.
         
According to Portuguese law, the estate, other than received as dowry used to be divided among children. The married daughters getting big dowries used to refuse any further inheritance after the death of their father during the early colonial period which gradually became smaller and custom vanished slowly by 18th century
         
With the growing parental control over marriages there have been instances when a daughter had to marry without a dowry and whereas the sisters used to be given dowries. Dowries begin to comprise of land, a house in the city, gold, cash, gold bars, tools and machinery, cattle, or horses. The economic dynamics of marriage changed in 19th century which explains that economic changes brought more material to the marriages.

          The world has drastically changed all over and people continue universally with the age old Dowry, till date. In fact, all countries globally should go for a universal convention in this context and initiate necessary measures for abolition of the Dowry. Every sane mind is against and it is the ordinary temptations for artificial growth and development that one gets tempted to extract the maximum even through inhuman means. Time has come to stop this practice. Today, we have international organizations and conventions across the world on Human Rights, Environment, Terrorism etc. We are, therefore, well in time to take necessary corrective measures to get rid of this evil.

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