How we achieved the Legislation
ACHRH began the campaign against dowry abuse in 2013 based on action research and clinical evidence. And finally achieved the change in the Victorian Family Violence Protection Act in 2019.
Following are the steps towards our successful goal.
A Petition to Ban Dowry for Australian Indian residents was launched. 600 Australian- Indian community members signed the petition.
Petition Summary & Background
Wedding Day should be a happy day, but this is hardly a day to celebrate for many Indian women and their families when there are demands being made by the groom’s family. The demands can be for gifts, cash, gold, furniture, payment for a car, expensive clothes for his family. Then over and above that the bride’s family has to spend money on the elaborate wedding that may last up to 4 days. The expense adds up to multiple times the parent’s annual income.
India is celebrating in the glory of its global economic achievement but the decades old issue of “dowry related domestic violence, suicide and homicide” affecting its young women citizens- whether they live in India or in foreign lands continues to be a thorny issue for Indians everywhere.
What is dowry?
Dowry is a practice defined as giving gifts, cash, gold, household furniture, cars etc in the context of marriage for up to seven years after marriage. Dowry has been a part of Indian marriage ceremony for centuries. Dowry in ancient times was meant for the financial security of the bride. Dowry was the daughter’s share of the family inheritance while the sons inherited the ancestral property and family wealth. The meaning of Dowry has changed over time.
Evils of Practice of Dowry
This practice has now evolved into a social evil and its meaning has changed over the past decades. Now it is compulsory for bride’s family to give extensive dowry. It is no longer voluntary. To stop the abuse India banned dowry in 1961 but the practice of making unashamed demands for dowry by the groom’s parents has continued to rise. There are constant reports of dowry deaths, domestic violence associated with criticisms of insufficient gifts and offerings according to the academic literature. Greed and demands for dowry is responsible for cruelty and torture against the brides and even death by murder or suicide. There is research evidence from Victoria that the practice of dowry in Australia is flourishing (O’Connor et al 20131) and is a significant contributor towards domestic violence against Australian Indian women, depression and suicidal thinking. The problem is worsened when the young women living in India are married off to Indian men living away from India for example in Australia.
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1 Manjula O’Connor and Erminia Colluci -2013 “Exploring Domestic Violence And Social Distress In Australian Indian Community Through Community Theater” under Review.
Action Petitioned for
1. We the undersigned are concerned citizens who urge the Australian Government to address and act on the issue of dowry as a cause of domestic violence
2. We demand legal ban on dowry in line with the Indian laws, for Australian residents who get married abroad for example in India. Also for those who have been married recently within the past seven years we ask that any demands for gifts and/or cash from the bride’s family be made illegal
3. Domestic Violence laws in Australia have the provision of claiming financial abuse as Domestic Violence.
4. We also demand dowry related crimes are considered Economic abuse under the Victorian Family Violence legislation 2008 and like Family Violence are made punishable offences with civil and /or criminal penalties.
5. We also demand that dowry should be returned to the victim (protected person) under directions of the court and a treaty set up with the Indian Government to facilitate implementation of the Australian court judgments in India, making it easy for victims to reclaim the dowry and bring back to Australia.
6. We also seek that the Commonwealth Family Law legislation be amended to include dowry as a financial contribution made by the woman and that contribution be taken into account when dividing marital property so that the woman gets the benefit of it. In case of Muslim Law, it should be given to the wife at the time of separation as required under that Law.
To the Legislative Assemble of Victoria
The petition of:
The undersigned concerned members of public of Victoria
Draws to the attention of the House:
Our serious concern that dowry demands, demands for money and gifts in the context of a new marriage(up to seven years ) is a significant contributor to family and domestic violence within certain cultural communities of Victoria. We are concerned that this pattern is similar to the one reported in India, with documented evidence of extensive domestic violence in the context of demands for dowry and gifts by the groom and his family.
The petitioners therefore request that the Legislative Assembly of Victoria
Amends Family Violence Protection Act 2008 – SECT 6 as soon as possible to add the word ‘Dowry or coercive demands or pressure to supply gifts or cash in the context of a new marriage (up to seven years)’ under the examples cited in Section 6 titled “ Meaning of Economic Abuse”
The Petition was tabled in Victorian Parliament by the Former Premier Ted Baillieu in 2014 twice with two different set of signatures.
Mr Baillieu (Hawthorn): I note the petition seeking to include coercive demands for dowry in the economic abuse provisions of family violence legislation. It was compiled by Dr Manjula O’Connor of Melbourne University. She is a champion for the rights of abused women, particularly Indian migrants. This is not an Indian community issue alone, but the issue of coercive demands for dowry is real. I have met many women she has supported. They have been pressured for dowry and have suffered domestic violence, depression, family breakdown and worse.
Indian community protest against dowries The Age - December 14, 2014
In support of ACHRH anti-dowry campaign and submission to the Victorian Royal Commission into Family Violence
Letter from a sad father of a murdered victim, to support ACHRH submission for anti-dowry legislation in Australia to the Royal Commission into Family Violence
Why Anti-Dowry law is needed
Large number of Indian origins have migrated and settled in Australia obtaining Permanent Resident. Some of them get married in India and migrate to this country with their brides. Other who have already inhabiting go to India and get married with that country’s girls and return with them. Indian origins have roots in their country. They have their roots in Indian culture, traditions and rituals. All the rituals are performed in their wedding ceremony in Indian tradition. It is known fact that despite of stringent law against dowry, people receive the dowry, so do the Indian Australians. When they go to India for wedding, their parents choose the brides for them. Since the father being the head of the family has command, authority and influence on all the activities, all the rituals are performed in his patronage. Marriage rates are fixed and decided by the fathers for their sons. Traditionally, these are fixed according to their status and position/post of their sons. Money incurred Rs. 20 lacs to 50 lacs to bestow upon groom and his parents according to their status. It’s varying from the position like doctor, lawyer, engineer, professors, managers or teachers and executives. In wedding ceremonies, all luxury cars, A.C., T.V., fridge, utensils, costly watches, branded clothes, gold jewelery and diamond rings are given. Grooms and their parents enjoy with these dowry items and return to Australia. When they, in-laws commit domestic violence against brides/wives for dowry, there is no law to punish them for bullying. They escape from stringent anti-dowry law since they have not committed crime in India and viceversa grooms/boys commit offense in Australia and their dowry seekers parents live in India and get Scot free. In Indian law, two kinds of remedies are provided to the victims:- 1.All dowry assets are retracted or retrieved from the groom/boy and his parents 2.Criminal case is registered against the whole family including the parents of dowry seekers and prosecuted. Due to non-existence of such a law, these two kinds of problems prevail consistently in Australia. Further, matter gets complicated when family is divided, son and his wife reside in Australia and his parents reside back in India. They hide behind absence of laws. It’s mockery of justice. In India, if the domestic violence is committed to satiate their greed and lust by dowry demands whole family is prosecuted, convicted and sent behind the bars. Therefore, in Australia, law should be enacted in a similar way to make liable every member of the family for dowry crimes so that lives of the innocent girls may be protected.
Signed . Mr AG. 21/04/15
ACHRH makes a detailed submission to the Royal Commission into Family Violence
10 May 2015
Refusal to Comply With Dowry Demands Contributes to Family Violence and Death in Victoria
We at the Centre (ACHRH) recognized that the ancient and antiquated system of dowry is out- lawed in India since 1961 but continues to flourish with the Indian diaspora in Australia.
We saw the evil consequences including murders, mental illness, physical abuse and on-going slow torture.
The Royal Commission and the successive Victorian Governments have supported and listened to our pleas on behalf of hundreds of voiceless women. Our petition was tabled in the Victorian Parliament two times with new sets of signatures .
The Royal commission report acknowledged the submission by the Australasian Centre for Human Rights and Health and accepted its recommendation to implement its petition against dowry.
Royal Commission into Family Violence Report 2016 . Volume 5 page 113 . the Royal Commission wrote: Dowry is gifts that are multiple times the annual income of the family. This is the definition of dowry that was provided by ACHRH.
In the last paragraph of pg 113 it reads THE AUSTRALASIAN CENTRE FOR HUMAN RIGHTS AND HEALTH (ACHRH) submitted that dowry plays a significant adverse role in leading to emotional and physical abuse and has harmful impacts on mental health. the Centre highlighted a greater need for awareness and education and called for Family Violence protection act to be amended to include dowry as an example of financial abuse and to make giving and taking of dowry illegal.
Recommendation 156: The Victorian Government amend section 6 of the Family Violence Protection Act 2008 (Vic) to expand the statutory examples of family violence to include forced marriage and dowry-related abuse [within 12 months].
Amendment to Victorian Laws Bill passed both houses of parliament in Victoria 7 December 2018 and proclaimed law on 29/3/2019
First in the Western World
Victorian Family Protection Law amended and Proclaimed Law
In the examples at the foot of section 5(1)(b) of the Family Violence Protection Act 2008—
(a) after the heading “Examples” insert—
“1 The following behaviour may constitute family violence under paragraph (a)—
- using coercion, threats, physical abuse or emotional or psychological abuse to cause or attempt to cause a person to enter into a marriage;
- using coercion, threats, physical abuse or emotional or psychological abuse to
demand or receive dowry, either before or after a marriage.”;
