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Bride buying in India

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Bride buying in India is a phenomenon of arranging marriages, where brides are referred to as the "paro" (from the far side) or "molki" (one who has a price), in which the brides are sold by poor parents in impoverished regions to the husbands in relatively richer regions of North India. Due to the skewed sex ratio, there is shortage of women in India. The men of higher caste or socioeconomic status are able to marry local women within their community and region. While disadvantaged men, such as those in lower caste groups, the unemployed, poor or those who have disabilities are unable to find brides in their own community and region, resort to buying inter-region brides from the poorer regions. Key motivation for poor families to sell their daughter is to receive money and avoid paying dowry, while disadvantaged men get the bride for a price, "it works for both the iies". Major destination states are Haryana, Punjab, Rajasthan, and Western Uttar Pradesh. Major source states are the impoverished parts of Northeast India (Assam), Bihar, Jharkhand, Odisha, West Bengal, Andhra Pradesh and Tamil Nadu.[1][2][3][4][5]

According to the research sponsored by the Royal Norwegian Embassy at Delhi, the Molki brides are arranged for marriage in 4 ways: molki brides "as marriage mediators", husbands of molki brides arranging brides for family and friends, marriage brokers, and "trafficking of women for forced marriages" though it is "not as extensive and rampant".[3] Molki brides face color discrimination, racism, slurs, social isolation and related mental health issues.[3] Among molki brides, cases of those who are trafficked are rarely reported and they find it difficult to obtain justice.[2]

As an unintended consequence, it is common for these interstate brides being often sold into the socially acceptable Inter-caste and Inter-religion marriages which are otherwise generally taboo in the Indian society.[1][3] Other advantages cited are "dowry-free, no wedding expenses" for bride's poor family, monetary assistance for the bride's family, social stratification of socioeconomically disadvantaged men who are able to find brides, breaking of orthodox social taboos by making inter-caste and inter-religion marriages socially acceptable and "widespread".[1][3]

Progressive panchayats, khaps and activists have been lobbying the government for protection of legal rights of molki brides by making their marriage registration mandatory and for the extension of government benefits of inter-caste marriages to the molki brides.[3][6]

Brides

Women from impoverished regions, as young as ten years old, desperate to escape their economic situations are deceived or kidnapped[5] into more prosperous regions such as Haryana by traffickers who make false promises of higher standards of living and wages. They are then sold as brides to prospective grooms (or their parents).[7] Parents are also willing to send away their daughters to Haryana (and elsewhere) for marriage in order to alleviate financial burdens associated with conventional marriage in favour of "dowry-free, no expenses"[3] weddings offered by Haryanvi men.

Those trafficked into marriage are bartered at prices based on their physicality such as health, age, beauty and virginity[4] at prices ranging tom 5,000 rupees ($USD70) to 40,000 rupees ($USD600).[8] For the bride, marriage often means the end of their rights to bodily autonomy, freedom of movement and access to education[9] as traditional gender roles require maintenance of the marital home and caregiving of her in-laws. Due to physical (and mental) underdevelopment of most brides, they are highly susceptible to serious health problems arising in pregnancy as well as childbirth complications. Pregnancy and childbirth related complications constitute the leading cause of death among women aged 15–19 in India and other developing countries.[10]

Despite undergoing traditional marriage rituals, trafficked brides struggle to be fully accepted in the community and regularly face discrimination due to the ambiguity regarding their marital status and are deprived of property rights which they would have otherwise been entitled to.[11]

Bride shortages have seen re-emergence of fraternal polyandry where one woman is shared with brother(s) of the husband.[12] Karewa (widow remarriage) refers to the practice of marrying off the bride to the brother (or sometimes the father) of a deceased husband.[13]

Modus operandi of arranging marriages

Molki brides are brought to the destination states for the arranged marriage through one of the four methods: molki brides acting as brides acting "as marriage mediators", husbands of brides who arrange wives relatives as brides for men among their own friends and relatives, marriage brokers or agents, and outright trafficking though "trafficking of women for forced marriages ... is not as extensive and rampant".[3] In case of trafficked brides, it is difficult to break and punish the trafficking cartels as there is complicity of powerful vested interests in this lucrative trade.[2] Families, victims and others often do not report it to the police, as this widespread "practice of buying brides has become socially 'acceptable' solution" to the skewed sex trade.[2]

Causes

Buying brides

There is severe shortage of women among the socially upper castes like Jats, Rors, Ahirs, Yadavs, and Brahmins, while economically better offs among them can easily find a local bride within their caste, the disadvantaged men among them "who are underemployed, poor, those who have little land, suffer from some deformity, are less educated or are old are the ones who most often seek cross-region brides". This phenomenon has now spread to lower castes and Muslim communities.[3][6]

In India female foeticide, female infanticide and deliberate neglect of female children[14] have resulted in the sex ratio imbalance in the country. Preference for sons stems from centuries old patriarchal traditions which see women as financial burdens where property is passed down the male lineage and dowry expenses are expected to be paid by the bride’s family to the groom upon marriage.[15] Despite the prevalence of the dowry system across all castes and regions in India,[16] men who are unable to find brides due to certain socioeconomic disadvantage are willing to pay for a bride from an improvised background.[11]

Selling daughters

Wedding gifts for the son of the Imam of Delhi, India, with soldiers and 2000 guests

Poverty in the improvised states makes parents vulnerable to sell their daughters for money, some of whom even believe that their daughter is being married to a richer man in a faraway place, are unaware that their daughters are being purchased by the middlemen for reselling in the destination states for a profit.[2] Due to the dowry system in India, the bride's family gives durable goods, cash, and real or movable property to the bridegroom, his parents, or his relatives as a condition of the marriage,[17] stemming from India's skewed inheritance laws, and the Hindu Succession Act needed to be amended to stop the routine disinheritance of daughters.[18] The dowry system can put great financial burden on the bride's family..[19] Poor families who are unable to afford paying dowry find it hard to get their daughters married, and by selling the daughter they not only avoid paying dowry but also make some money, while disadvantaged men get the bride, it works for both the seller and buyer.[1]

Domestic and international laws

The Constitution of India prohibits all forms of trafficking under Article 23(1) which states that "Traffic in human beings and begar [sic] and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with the law."[20] However, India is yet to implement comprehensive laws prohibiting the practice of bride trafficking. Despite the explicit references to trafficking in the Immoral Traffic (Prevention) Act 1956, it pertains only to commercial sexual activities in brothels and public places.[21] The law conflates prostitution and forced sexual exploitation and fails to distinguish between the victims and perpetrators of the crime.

While bride trafficking is not explicitly prohibited in Indian law, it does criminalize many aspects of the practice in statutes. The Child Marriage Restraint Act 1929 provides the legal age of marriage is 21 for males and 18 for females.[22] On 11 December 1992, India signed the UN Convention on the Rights of the Child and has subsequently passed the Juvenile Justice (Care and Protection of Children) Act 2000 (replaced by the 2015 Act of the same name). The Act deals with the protection of children who are sexually exploited or are at risk of sexual exploitation.[23] However, by limiting the definition of "child" as "a person who has not completed eighteen years of age",[24] the Act covers only some of the victims of sexual exploitation and fails to account for those over the age of 18.

India is a party to two human rights conventions which explicitly prohibit forced marriage such as the Convention on the Elimination of All Forms of Discrimination Against Women 1979 (CEDAW) and the Convention on the Rights of the Child 1989 (CRC). The government of India has passed domestic legislation in light of its international commitments such as the Prohibition of Child Marriage Act 2006. Article 16(1)(b) of CEDAW states that women have "the same right freely to choose a spouse and to enter into marriage only with their free and full consent."[25] By contrast, CRC does not explicitly refer to child marriage but it does have numerous provisions relating to it such. These include article 19 which states that a child has "the right to protection from all forms of physical or mental violence, injury or abuse, maltreatment or exploitation, including sexual abuse, while in the care of parents, guardian or any other person",[26] and article 34 which provides for "the right to protection from all forms of sexual exploitation and sexual abuse."[27]

In the latest Concluding observations on India (2014),[28] CEDAW, in respect of trafficking of women, recommended India to review the Immoral Traffic (Prevention) Act to include provisions preventing trafficking of women,[29] address the root causes of such trafficking,[30] ensure that the traffickers are effectively investigated and prosecuted,[31] and ensure that victims of trafficking have access to victim support and witness protection.[32]

Source and destination states

Source states

The parents who sell the daughters as the molki brides are from the lower socioeconomic strata of the "under-developed or economically marginalised regions" and states, such as Andhra Pradesh, Assam, Bihar, Jharkhand, Odisha, Tamil Nadu, and West Bengal.[1][2][3][5] Mewat region in Haryana has molki brides even from Gujarat.[1]

Destination states

The destinations are generally the "prosperous North Indian provinces" where sex ratio is more imbalanced. Some of the states are mainly Haryana, Punjab,Rajasthan and Western Uttar Pradesh.[1][2][3]

Haryana

A 2019 survey by Jind based "Selfie-With-Daughter Foundation" found 130,000 molki brides in Haryana.[6] Among them 1470 such brides "looted and scooted from their in-laws house with valuables and expensive items",[6] indicating a phenomenon of criminal gangs engaging in the organised practice. Molki bride practice, which started from the Ahirwal and Mewat region in 1980s, is now "common in Rohtak, Jind, Hisar, Kaithal, Yamunanagar and Kurukshetra."[6][1]

Haryana, one of the wealthiest states in India with the third highest per capita income in 2014-2015[33] of 147,076 rupees (USD$2,293), is a destination state for the molki brides.[6] An unintended consequence of Haryana’s economic development is the advancement of medical technology and accessibility of its health care system which offer prenatal screening to determine the sex of the foetus. This has created a paradoxical situation[34] where adverse sex ratio is perpetuated by parents routinely aborting female foetuses in favour of sons, meanwhile contributing to the increase in demand for imported brides.

The Haryana government has taken several actions against female foeticide and gender discrimination, making them one of the most successful states in terms of improving sex ratio.[35][36][37] According to the 2011 Census of India[38] there were 877 females to 1,000 males in Haryana against the national average of 933 females to 1000 males.[39] In 2019, due to various initiatives by the Government of Haryana the sex ratio has improved to 920 females births per 1000 male child.[6]

Punjab

Rajasthan

Molki bride phenomenon is found in various districts, including Alwar and Jhunjhunu.[3]

Uttar Pradesh

This phenomenon has been found in the Western Uttar Pradesh[1] which is relative more affluent region of the state of Uttar Pradesh.

Critique

Disadvantages of molki system

According to the research of 10 source villages in Odisha as well as 1,216 molki brides in 226 villages in destination states of Haryana and Rajasthan, sponsored by the Royal Norwegian Embassy and titled "Tied in a Knot — cross-region marriages in Haryana and Rajasthan, Implications for Gender Rights and Gender Relations", the molki brides face color discrimination due to usually being darker, caste discrimination, names calling such as "molki" (one who was bought for money), slur like "Biharan" a term "that implies poverty, desperation, filth and savagery", judgmental attitude towards their parents who are seen as "thieves, sellers of daughters and primitive savages", leading to their social isolation and mental health issues.[3]

Advantages of molki system

Advantages include social stratification in terms of socioeconomically disadvantaged men are able to find brides who also are disadvantaged, "dowry-free, no wedding expenses" for bride's poor family which also receives money, breaking of orthodox social taboos by making inter-caste and inter-religion marriages socially acceptable and "widespread".[1][3] Some othodox khaps, which might usually oppose inter-caste marriages, generally provide a silence acceptance of the practice of molki brides by maintaining a "studied silence".[3] Progressive panchyats and khaps have taken initiatives to champion rights of molki brides by campaigning to make the marriage registration mandatory for these brides so that they and their children have the legal rights.[6] Activists have also demanded for extending government benefits of inter-caste marriages to molki marriages.[3]

Intervention against the bride trafficking

To address the nationwide issues of female foeticide and female infanticide, the government of India has passed the Pre-Conception and Pre-Natal Diagnostic Techniques Act 1994 which prohibits sex determination via prenatal screening. However, even if all discriminatory practice ceased, it is estimated that it will take at least 50 years for the population (in India) to reach its natural sex ratio.[40]

In 2002, the Union Ministry of Child and Development launched the Scheme for Women in Difficult Circumstances (SWADHAR) to protect the welfare of vulnerable women. The initiative aims to assist victims of exploitation to "lead their life with dignity and conviction."[41] SWADHAR has been implemented in Haryana since 2007.[42]

Beti Bachao, Beti Padhao Yojana ("Educate Daughters, Save Daughters" scheme)

Beti Bachao, Beti Padhao Yojana (translation: Save the daughter, educate the daughter) is a campaign of the Government of India that aims to generate awareness and improve the efficiency of welfare services intended for girls. The scheme was launched with an initial funding of ₹100 crore (US$12 million).[43] It mainly targets the clusters in Uttar Pradesh, Haryana, Uttarakhand, Punjab, Bihar and Delhi.[44][45] Haryana is one of the most successful state in rapidly increasing sex ratio by taking stringent actions against female foeticise under this scheme.[35][36][37]

Under the scheme, Haryana which had the sex ratio of 834 in 2012, improved the sex ratio to 914 in 2018 resulting in 17 of 21 districts having a sex raito of above 900 and only 4 district having sex ratio between 875 to 900.[46] Some community development blocks have newborn girl child sex ratio of over 1000, for example, Ratia block, comprising 53 villages, had girl child sex ratio of 1003 in the year ended on 31 December 2018.[47]

Apni Beti, Apna Dhan Yojna ("Our Daughters, Our Wealth" scheme)

In response to the prevalence of child marriages in India, the government has implemented conditional cash transfer schemes which periodically pay families in exchange for delaying their daughters’ marriage until the age of 18.[48] This initiative, known as Apni Beti Apni Dhan or "Our Daughters, Our Wealth", was launched in Haryana from 1994-1998 by the State Department of Women and Children Development. It offered 500 rupees ($USD8) to families enrolled in the programme, within 14 days of giving birth to a girl and a second payment of 25,000 rupees ($USD380) on her 18th birthday provided she remained unmarried.[49] Its goal was to delay marriage until the age of 18 (as required by law) and in doing so it hoped to increase the value of girls in society and extend their education.[50]

In 2012 (as the first participants turned 18), a follow up assessment by International Centre for Research on Women showed that while enrolling in the programme incentivised the parents to delay marrying off their daughters, it revealed that financial incentives without other complementary interventions were inadequate to change the deeply entrenched gender roles and expectations on women.[51]

Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2016

In June 2016, the Trafficking Persons (Prevention and Rehabilitation) Bill was published. It is envisioned as India’s first comprehensive anti-trafficking law by consolidating all existing law on human trafficking.[52] India’s current legal framework lacks coordination between district and state agencies which has prevented effective prosecution of offenders. The Bill focuses on three key aspects of tracking – "prevention, protection and rehabilitation of victims."[53] Despite this, the Bill has been criticised for failing to provide a clear definition of trafficking and the lack of clarity regarding "rehabilitation" measures.[52]

A 2016 report by FXB Centre for Health and Human Rights at Harvard University[54] into the Indian government's anti-trafficking initiatives revealed that the current approaches lack multi-faceted long-term commitment. They consist primarily of removal of victims from exploitative environments after which they are still "exposed to the same structural vulnerabilities that led to their being trafficked originally, with the predictable outcome that many of them are retrafficked."[55]

See also

References

  1. ^ a b c d e f g h i j [1], Danish Raza "When Women Come Cheaper than Cattle" (23 March 2014) Hindustan Times <www.hindustantimes.com>.
  2. ^ a b c d e f g Bride trafficking must stop now, Deccan Herald, 2 February 2019.
  3. ^ a b c d e f g h i j k l m n o p [2], Aarti Dhar "In Male-dominated Haryana, Rajasthan, Cross-regional Brides are Deprived of Rights" (18 October 2016) The Hindu <www.thehindu.com>.
  4. ^ a b [3], United Nations Office on Drugs and Crime Current Status of Victim Service Providers and Criminal Justice Actors in India on Anti Human Trafficking (2013) at [94].
  5. ^ a b c [4], Kamal Kumar Pandey Female Foeticide, Coerced Marriage & Bonded Labour in Haryana and Punjab: A Situational Report (10 December 2003) at [13].
  6. ^ a b c d e f g h 1.30 lakh Haryana brides ‘bought’ from other states: Survey, Times of India, 30 November 2019.
  7. ^ [5], Kamal Kumar Pandey Female Foeticide, Coerced Marriage & Bonded Labour in Haryana and Punjab: A Situational Report (10 December 2003) at [24].
  8. ^ M Shafiqur Khan "Bride Trafficking within India" in Veerendra Mishra (ed) Human Trafficking: The Stakeholders’ Perspective (SAGE, India, 2013) 47 at 48.
  9. ^ [6], United Nations Population Fund Marrying Too Young: End Child Marriage (2012) at [4].
  10. ^ [7], Kamal Kumar Pandey Female Foeticide, Coerced Marriage & Bonded Labour in Haryana and Punjab: A Situational Report (10 December 2003) at [9].
  11. ^ a b Prem Chowdry "Crisis of Masculinity in Haryana: The Unmarried, the Unemployed and the Aged" (2005) 40 Economic and Political Weekly 5189 at 5195. JSTOR 4417491
  12. ^ Alix Dolson "Intergenerational Prostitution in India: How a Cultural Practice Constitutes Sex Trafficking" in Margaret Alston (ed) Women, Political Struggles and Gender Equality in South Asia (Pagrave MacMillan, UK, 2014).
  13. ^ M Shafiqur Khan "Bride Trafficking within India" in Veerendra Mishra (ed) Human Trafficking: The Stakeholders’ Perspective (SAGE, India, 2013) 47 at 85.
  14. ^ Sonali Mukherjee "Skewed Sex Ratio and Migrant Brides in Haryana: Reflections from the Field" (2013) 43 Social Change 37 at 38. doi:10.1177/0049085713475725
  15. ^ Sonali Mukherjee "Skewed Sex Ratio and Migrant Brides in Haryana: Reflections from the Field" (2013) 43 Social Change 37 at 41. doi:10.1177/0049085713475725
  16. ^ Padma Srinivasan and Gary R Lee "The Dowry System in Northern India: Women’s Attitudes and Social Change (2004) 66 Journal of Marriage and Family 1108 at 1109. JSTOR 3600328
  17. ^ Rani Jethmalani & P.K. Dey (1995). Dowry Deaths and Access to Justice in Kali's Yug: Empowerment, Law and Dowry Deaths. pp. 36, 38.
  18. ^ When a feminist turns right Archived 22 February 2018 at the Wayback Machine, Rediff.com, 2 April 2014.
  19. ^ Anderson, Siwan (2007). "The Economics of Dowry and Brideprice". The Journal of Economic Perspectives. 21 (4): 151–174. doi:10.1257/jep.21.4.151.
  20. ^ [8] Archived 16 April 2016 at the Wayback Machine, Constitution of India 1949 (India), art 23(1).
  21. ^ [9], Kamal Kumar Pandey Female Foeticide, Coerced Marriage & Bonded Labour in Haryana and Punjab: A Situational Report (10 December 2003) at [6].
  22. ^ [10], The Child Marriage Restraint Act 1929 (India), s 2(a).
  23. ^ [11], Juvenile Justice (Care and Protection of Children) Act 2015, s 2(14)(ix).
  24. ^ [12], Juvenile Justice (Care and Protection of Children) Act 2015, s 1(14)(i).
  25. ^ [13], Convention on the Elimination of All Forms of Discrimination Against Women, article 16(1)(b).
  26. ^ [14], Convention on the Rights of the Child, article 19.
  27. ^ [15], Convention on the Rights of the Child, article 34.
  28. ^ [16],Concluding Observations on the Combined Fourth and Fifth Periodic Reports of India.
  29. ^ [17],Concluding Observations on the Combined Fourth and Fifth Periodic Reports of India, at [23(a)]
  30. ^ [18],Concluding Observations on the Combined Fourth and Fifth Periodic Reports of India, at [23(b)]
  31. ^ [19],Concluding Observations on the Combined Fourth and Fifth Periodic Reports of India, at [23(c)]
  32. ^ [20],Concluding Observations on the Combined Fourth and Fifth Periodic Reports of India, at [23(d)]
  33. ^ [21] Archived 6 March 2016 at the Wayback Machine, Department of Economic and Statistical Analysis, Government of Haryana Economic Survey of Haryana: 2011-2012 (2012) <www.esharyana.gov.in> at 1.
  34. ^ Sonali Mukherjee "Skewed Sex Ratio and Migrant Brides in Haryana: Reflections from the Field" (2013) 43 Social Change 37 at 40. doi:10.1177/0049085713475725
  35. ^ a b Sex ratio in Haryana is best in decades; ‘Beti Bachao-Beti Padhao’ scheme behind success, Financial Express, 15 Jan 2018.
  36. ^ a b Haryana taken new initiative after success of 'Beti Bachao-Beti Padhao', UNI, 1 April 2018.
  37. ^ a b CM congratulates DCs for success of 'Beti Bachao-Beti Padhao', Daily Pioneer, 7 March 2016.
  38. ^ [22], Rajendra Khatry "Haryana’s Crisis: Bridegrooms All Decked Up But No One to Marry" (20 July 2014) Firstpost <www.firstpost.com>.
  39. ^ [23], Office of the Registrar General & Census Commissioner, Government of India (2011) Census India <www.censusindia.gov.in>.
  40. ^ [24], United Nations Office on Drugs and Crime Current Status of Victim Service Providers and Criminal Justice Actors in India on Anti Human Trafficking (2013) at [96].
  41. ^ [25], Ministry of Women and Child Development SWADHAR GREH: A Scheme that Caters to Primary Needs for Women in Difficult Circumstances (2015) at [1].
  42. ^ [26], United Nations Office on Drugs and Crime Current Status of Victim Service Providers and Criminal Justice Actors in India on Anti Human Trafficking (2013) at [95].
  43. ^ "Archived copy" (PDF). Archived from the original (PDF) on 5 November 2014. Retrieved 5 November 2014.{{cite web}}: CS1 maint: archived copy as title (link)
  44. ^ K Sandeep Kumar, Rajeev Mullick (19 May 2017). "UP govt sounds alert over Beti Bachao Beti Padhao scheme fraud". Hindustan Times. Retrieved 12 June 2017.
  45. ^ Press Trust of India (28 March 2017). "Haryana govt cautions people against frauds under Beti Bachao-Beti Padhao scheme". The Indian Express. Retrieved 12 June 2017.
  46. ^ Haryana maintains previous year's figure of female ratio of 914 in 2018 17 January 2019
  47. ^ Ratia has better sex ratio Dainik Bhaskar, 4 Feb 2019
  48. ^ [27], Erin Kelly "ICRW Releases Results of Conditional Cash Transfer Evaluation to Tackle Marriage in India" (14 October 2015) International Centre for Research on Women <www.icrw.org>.
  49. ^ [28], Priya Nanda and others "Impact of a Conditional Cash Transfer Program on Girls’ Education and Age of Marriage in India" (2016) International Centre for Research on Women <www.icrw.org> at 2.
  50. ^ [29], "Are Economic Incentives Enough to Prevent Child Marriage? Findings from Haryana, India" (17 October 2016) Girls Not Brides <www.girlsnotbrides.org>.
  51. ^ [30], Priya Nanda and others "Impact of a Conditional Cash Transfer Program on Girls’ Education and Age of Marriage in India" (2016) International Centre for Research on Women <www.icrw.org> at 6.
  52. ^ a b [31], "Are Economic Incentives Enough to Prevent Child Marriage? Findings from Haryana, India" (17 October 2016) Girls Not Brides <www.girlsnotbrides.org>.
  53. ^ [32], Diya Nag "India’s New Anti-Human Trafficking Law: What You Need to Know" (8 June 2016) The Asia Foundation <www.asiafoundation.org>.
  54. ^ [33], Harvard FXB Is This Protection? Analyzing India’s Approach to the Rescue and Reintegration of Children Trafficked for Labour Exploitation (March 2016).
  55. ^ [34], Harvard FXB Is This Protection? Analyzing India’s Approach to the Rescue and Reintegration of Children Trafficked for Labour Exploitation (March 2016) at [25].
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