Bride burning

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Bride burning is a form of domestic violence wherein a groom or his family kills the bride due to his dissatisfaction over the amount or duration of the dowry.[1] Kerosene is most often used as the fuel.[2] It is most common in India and has been a major problem there since at least 1993.[3]

This crime has been treated as culpable homicide and, if proven, is usually accordingly punished by up to lifelong imprisonment or death.[4] Bride burning has been recognized as an important public health problem in India,[5] accounting for around 2,500 deaths per year in the country.[5] In 1995, Time Magazine reported that dowry deaths in India increased from around 400 a year in the early 1980s to around 5,800 a year by the middle of the 1990s.[6] A year later, CNN ran a story saying that every year police receive more than 2,500 reports of bride burning.[7] According to Indian National Crime Record Bureau, there were 1,948 convictions and 3,876 acquittals in dowry death cases in 2008.[8]

Bride burning is not the same as the ancient custom of Sati, formally abolished in 1829, where a widowed woman was forcibly or voluntarily placed on the burning pyre of her dead husband and burnt to death.[4]

History[edit]

Dowry deaths[edit]

A dowry death is the death of a young woman in South Asian countries, primarily India, who is murdered or driven to suicide by her husband. This results from the husband continually attempting to extract more dowry from the bride or her family. Bride burning is just one form of dowry death. Others include acid throwing and Eve teasing. Because dowry typically depends on class or socioeconomic status, women are often subjected to the dowry pressures of their future husband or his relatives.[1]

Origins of bride burning[edit]

There are at least four perspectives on why bride burning came to be and how its existence has prevailed in South Asian nations, as detailed by Avnita Lakhani in her report on bride burning titled “The Elephant in the Room Is Out of Control.” These theories describe practices that contributed to the rise of dowry as a whole, thus ultimately contributing to bride burning.

One of the more culturally-founded theories suggests that in a highly patriarchal society such as India, a woman’s role is defined from before she is born, which ultimately places her as lesser than men.[9] Because she is seen as a burden and an "extra mouth to feed,"[1] her status as an economic liability promotes the idea that men, who are considered physical assets, can treat women as subservient.[1] Once a woman marries, she is bound to her husband and his will because “society mandates obedience to her husband.”[1][9]

Another theory claims that consumerism, a primarily Western ideal that is newly founded in developing nations, has caused countries like India to become greedy.[10] Because of this, dowry is used as a means to gain a higher socioeconomic status.[9] As status is continually gained, the demand for bridal dowry increases in order to keep moving up the social ladder.[1]

Lakhani also suggests that, historically speaking, it has been noted that the dowry system may have been conceived as a way to distinguish Muslim from Hindu culture,[9] creating a further divide within castes. A higher dowry would indicate a higher status and distinction from Islam, thus providing an incentive to demand a larger dowry.[9]

Finally, some scholars argue that the dowry practice came out of British rule and influence in India in order to distinguish "different forms of marriage" between castes.[1] When the dowry system was established within the higher castes, the British government sought to reinforce it in the lower castes as a means to eradicate their more ritualised marriages.[1] Such forms of union were discredited until only upper caste marriage systems were recognised.[1]

Gendercide[edit]

Gendercide refers to the systematic killing of members of a specific sex, a form of genocide. The term, coined by Mary Anne Warren in 1985, is an analogy describing "the deliberate extermination of persons of a particular sex (or gender)."[11] Since bride burning directly targets the intentional murders or suicides of women, it is acceptably classified as a form of gendercide.[1] Also related is the term femicide, a specific form of gendercide referring to the systematic killing of women.[12]

Statistically, bride burning is comparable with other forms of global genocide. For example, in India, official governments reported in 1997 that 6,500 women died from dowry related deaths.[1] Regarding bride burning specifically, between 1947 and 1990, about 72,000 were burned to death, an average of 1,674 a year.[1]

In South Asia[edit]

In India[edit]

A Muslim organization -Karnataka Forum for Dignity's poster against Dowry system in Bangalore, India

Dr. Ashley K. Jutla, MD and Dr. David Heimbach, MD describe bride burning by saying that "the husband and/or in-laws have determined that the dowry, a gift given from the daughter's parents to the husband, was inadequate and therefore attempt to murder the new bride to make the husband available to remarry or to punish the bride and her family."[13] In India, dowry size is a reflection of wealth.

In 1961, the Government of India passed the Dowry Prohibition Act, making the dowry demands in wedding arrangements illegal.[14]

In 1986, the Indian Parliament added dowry deaths as a new domestic violence crime. According to the new section 304-B of the Indian Penal Code, where a bride "within 7 years of her marriage is killed 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, or in connection with any demand for dowry, such death shall be called 'dowry death' and such husband or relative shall be deemed to have caused her death."[14]

The offenders can be sentenced for any period, from a minimum of 7 years in prison to a maximum of life.[15] Many cases of dowry-related domestic violence, suicides, and murders have been reported. A 1997 report claimed that at least 5,000 women die each year because of dowry deaths and at least a dozen die each day in 'kitchen fires' thought to be intentional.[16] About 30% of reported dowry deaths result in convictions in courts.[8]

In Pakistan[edit]

In Pakistan, the Progressive Women's Association says that 300 women are burned to death each year by their husband's families and that bride burning incidents are sometimes disguised as accidents, such as an 'exploding stove'.[17] According to the Association, doctors say that victims presenting from these accidents have injuries inconsistent with stove burns.[17] According to an Amnesty International report in 1999, although 1,600 bride burning incidents were reported, only 60 were prosecuted and, of those, only two resulted in convictions.[18]

In Pakistan, women including Shahnaz Bukhari have been campaigning for protective legislation against the practice, for established women’s shelters and for hospitals with specialised burn wards.[19] Amnesty International has said that pressure from within, as well as from international human rights groups, may be increasing the level of awareness within the Pakistani government.[20] The BBC estimated that roughly 300 Pakistani brides were burnt to death in 1999.[21]

In 1988, a survey showed that 800 women were killed in this manner; in 1989, the number rose to 1,100, and in 1990 it stood at 1,800 estimated killings. Newspapers in Lahore in a six-month period (1997) reported on average 15 attacks a month.[22] According to an estimate by Human Development in South Asia, on average there are 16 cases of bride burnings a month.[23] Women's eNews reported 4,000 women attacked in this manner in Islamabad's surroundings over an eight-year period and that the average age range of victims is between 18 and 35 with an estimated 30 percent being pregnant at the time death.[24] Shahnaz Bukhari has said of such attacks

Either Pakistan is home to possessed stoves which burn only young housewives, and are particularly fond of genitalia, or looking at the frequency with which these incidences occur there is a grim pattern that these women are victims of deliberate murder[24]

According to the Progressive Women's Association such attacks are a growing problem and in 1994 on International Women's Day announced that various NGO's would join to raise awareness of the issue.[25]

In other nations[edit]

Occasionally, bride burning happens among resettled Indian, Pakistani and Bangladeshi communities in other parts of the world, including the United States.

In the United States[edit]

Aleyamma Mathew was a registered nurse at a hospital in Carrollton, Texas, who died of burn wounds on 5 April 1992.[26] She and her husband, Mathew Varughese, had immigrated from India two decades before and had three daughters in the United States.[26] The couple had been having marital problems since the late 1980s, which culminated in a fight that led to Aleyamma’s death.[26] She was found by her children, doused in gasoline and covered in flames, dying soon after.[26]

Brief articles were run in the Dallas Morning News and The Atlanta-Journal Constitution after the incident, while the Dallas Observer ran a detailed, nine page article covering Aleyamma’s death.[26] The article faced some criticism for its portrayal of non-Western countries as backward or inappropriate: “Battered by her husband, Aleyamma Mathew remained true to her culture. In the end she became its victim.”[26]

Controlling bride burning[edit]

There are current governmental initiatives to criminalize bride burning and grassroots organizations working to combat the practice, as well as international laws working against human rights violations.[1] Finally, there are many proposed initiatives in place to end bride burning globally.

Governmental efforts[edit]

In 1961, India enacted the Dowry Prohibition Act,[27] to halt dowry murders. It was amended in the early 1980s to “rectify several inherent weaknesses and loopholes” [9] in order to make it a criminal offense if the husband or his relatives causes a woman to “die of burns or bodily injury or unnatural circumstances within seven years of the marriage and where there is evidence that she suffered cruelty and harassment in connection with the dowry.” [1] Unfortunately, this particular law does not provide a comprehensive definition of dowry, which can change the way it is demanded and delivered. Ultimately, this allowed perpetrators more flexibility in the court of dowry death.[1] The seven-year clause is equally problematic, as it simply allowed husbands to wait until that period ended to burn or otherwise cause the death of their bride.[1]

Another major Indian law, the 1983 “Anti-Cruelty Statute,” prohibits cruelty towards a wife and subjects the husband and/or in-laws to fines or imprisonment if they inflict cruelty upon the wife.[1] However, the law is equally ambiguous, which results in inadequate enforcement of bride burning and dowry murders.[1]

Article 1 of the universal human rights laws declares the following: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” [28] Article 5 proclaims: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” [28]

Non-governmental efforts[edit]

In India, where most cases of bride burning are seen, domestic legislation is typically inadequately enforced. Because of this, grassroots organizations “have taken up the cause to halt bride burning.”[1] One example of this is government-funded family counseling center cells, in which the intended goal is to strengthen family ties and reduce legal intervention.[1] However, often such cells only reinforce the stereotype of “women’s sharp tongues” and men’s power to “hit and beat.”[1] Other similar counseling-style NGOs have been developed in order to resolve such issues with similar consequences.[9]

Potential efforts[edit]

Primarily, alternative initiatives resolve around reform of current flawed, failing laws. One proposal calls for the expansion of the protection for women under the international refugee law in order to provide asylum to victims of gender discrimination or gendercide.[29] One way this could be achieved would be by including women in the definition of a “persecuted social group,” [1] which would allow their gender to seek international asylum under fear of dowry-related persecution globally.

In April 1984, European Parliament introduced a proposal that would “protect women from persecution on the basis of gender” [1] by reforming international refugee laws.[1] However, the proposal was rejected.

Another solution is to increase economic interest for women by establishing their property rights.[30] Even when married, the bride has no rights over the property belonging to the husband while he is living.[1] In giving women the right to own property, women would not need to marry for economic or legal purposes, thus disregarding the dowry practice.[1]

See also[edit]

References[edit]

  1. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z "Lakhani, Avnita, 'Bride Burning: The Elephant in the Room Is Out of Control'". Rutgers University. 2005. 
  2. ^ "Aisha Iqbal: Bride Burning- in the name of dowry". Aishaiqbal.blogspot.com. 8 February 2007. Retrieved 2012-01-28. 
  3. ^ "Brideburning claims hundreds in India – CNN". Articles.cnn.com. 18 August 1996. Retrieved 2012-01-28. 
  4. ^ a b Ash, Lucy (16 July 2003). "India's dowry deaths". BBC. Retrieved 2007-07-30. 
  5. ^ a b Kumar, Virendra, and Sarita Kanth, 'Bride burning' in The Lancet Vol. 364, pp s18-s19.
  6. ^ Pratap, Anita, Time Magazine, 11 September 1995 Volume 146, No. 11
  7. ^ Yasui, Brian (18 August 1996). "Indian Society Needs To Change". CNN. Retrieved 2007-08-24. 
  8. ^ a b "Disposal of Cases by Courts". National Crime Records Bureau, India. 16 January 2010. Retrieved 2011-01-17. 
  9. ^ a b c d e f g Nangia, Anshu. ”The Tragedy of Bride Burning in India: How Should the Law Address It?,” 1997.
  10. ^ Pardee, Laurel Remers. “The Dilemma of Dowry Deaths.” 1996.
  11. ^ Warren, Mary Anne. "Gendercide: The Implications of Sex Selection."
  12. ^ Wikipedia. "Femicide."
  13. ^ Love Burns: An Essay about Bride Burning in India in Journal of Burn Care & Rehabilitation. 25(2):165–170, March/April 2004.
  14. ^ a b "The Dowry Prohibition Act, 1961". Retrieved 2006-12-24. 
  15. ^ Deller-Ross, Susan. "Legal Framework Surrounding Domestic Violence." (explaining section 304-B of the Indian Penal Code)
  16. ^ Kitchen fires Kill Indian Brides with Inadequate Dowry, 23 July 1997, New Delhi, UPI
  17. ^ a b "World:South Asia Bride burning 'kills hundreds'". BBC.co.uk. 27 August 1999. Retrieved 2009-06-11. 
  18. ^ "Honour killings of girls and women (ASA 33/018/1999)". Amnesty International. 1 September 1999. Retrieved 2006-12-29. 
  19. ^ Ali, Sahar (28 July 2003). "Acid attack victim demands justice". BBC. Retrieved 2007-07-30. 
  20. ^ 'Pakistan: Honour killings of girls and women' in Amnesty International Report 1999, (London: September 1999)
  21. ^ "South Asia | Bride burning 'kills hundreds'". BBC News. 27 August 1999. Retrieved 2012-01-28. 
  22. ^ Jilani, Hina; Eman M. Ahmed (2004). "Violence against Women: The Legal System and Institutional Responses in Pakistan". In Savitri Goonesekere. Violence, Law and Women's Rights in South Asia. Sage. p. 161. ISBN 978-0761997962. Retrieved 3 August 2012. 
  23. ^ Ajmal, Umer Bin (25 April 2012). "Domestic violence". Dawn. Retrieved 28 July 2012. 
  24. ^ a b Terzieff, Juliette (27 October 2002). "Pakistan's Fiery Shame: Women Die in Stove Deaths". Women's eNews. 
  25. ^ Rappaport, Helen (2001). Encyclopedia of Women Social Reformers, Volume 1. ABC-CLIO. p. 115. ISBN 978-1576071014. 
  26. ^ a b c d e f Parameswaran, Radhika. "A Cultural Analysis of the 'Other.'" 2009. http://jthomasniu.org/class/781/Assigs/otheriing111.pdf
  27. ^ Greenberg, Judith. “Criminalizing Dowry Deaths: The Indian Experience.” 2003.
  28. ^ a b http://www.un.org/en/documents/udhr/index.shtml
  29. ^ Cipriani, Linda. “Gender and Persecution: Protecting Women Under International Refugee Law.” 1993.
  30. ^ Gopal, Gita. “Gender, An Economic Inequality in India: The Legal Connection.” 1993.

Further reading[edit]

  • Bride Burning: Crime Against Women, by A. S. Garg. Published by Marketed by the Bright Law House, 1990.
  • Bride burning in India: a Socio Legal study, by Mohd Umar. Published by APH Publishing, 1998. ISBN 8170249228.
  • South Asians and the Dowry Problem (Group on Ethnic Minority Studies (Gems), No. 6, ed. by Werner Menski (Trentham Books, 1999)
  • "Dowry Deaths: Proposing a Standard for Implementation of Domestic Legislation in Accordance with Human Rights Obligations," by Namratha Ravikant. Published by the Michigan Journal of Gender and Law, 2000.
  • "Bride Burning: The 'Elephant in the Room' Is Out of Control," by Avnita Lakhani. Published by the Pepperdine Dispute Resolution Law Journal, 2005.
  • "Deterring Dowry Deaths in India: Using Tort Law to Reverse the Economic Incentives that Fuel the Dowry Market," by Sunil Bhave. Published by the Suffolk University Law Review, 2007.

External links[edit]