The dowry system in Nepal represents a grave violation of women’s fundamental human rights, denying them equality, dignity, and access to essential resources. This deeply entrenched practice, often disguised as tradition, fuels violence, perpetuates discrimination, and impedes societal progress.
The impact of dowry in the Madheshi community severely limits women’s opportunities, as families often prioritise dowry over education, hindering women’s access to higher education and economic independence while violating their rights to work and participate fully in the economy. Additionally, dowry-related violence remains a serious issue, as seen in cases like Neha Chaudhary’s, a dowry victim from Mahottari. She faced severe physical and mental abuse from her doctor husband and in-laws after failing to meet their dowry demands. Despite providing furniture, gold, and cash, she was pressured to buy a house in Kathmandu. When she couldn’t comply, she was brutally beaten, suffering serious injuries. Her husband’s family even threatened to kill her, forcing her to live in fear while they remained free in India. Frustrated by legal delays and lack of protection, she sought help from activist Durga Prasai, who pledged to support her fight for justice.
From a legal perspective, dowry contravenes international human rights conventions and Nepal’s own Constitution. This practice strips women of their dignity (Article 16), limits their freedom (Article 17), and undermines their equality (Article 18). Dowry-related violence obstructs access to justice (Article 20), perpetuates exploitation (Article 29), and restricts access to education (Article 31). The impact on women’s health (Article 35) and overall empowerment (Article 38) makes it clear that dowry is not just a cultural practice—it is a systemic violation of human rights.
Women trapped in dowry-based marriages live in a constant state of insecurity, with their right to life, liberty, and security at risk. The brutal instances of dowry-related violence include bride-burning and dowry deaths. These acts must be recognised not as isolated incidents of domestic abuse, but as severe human rights violations, requiring state intervention.
Human Rights Violation through the ESCR Lens
The dowry system contravenes the principles enshrined in the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR). For example, the Right to Equality (Article 26, ICCPR; Article 2, ICESCR) affirms that all individuals are equal before the law and must be protected from discrimination. However, dowry practices create a power imbalance in marital relationships, reinforcing patriarchal norms that reduce women to mere commodities.
Moreover, women’s Right to Education (Article 13, ICESCR) and Economic Empowerment (Articles 6, 7 & 11, ICESCR) are also compromised as families often prioritise dowry savings over a daughter’s education and financial independence. This restricts women’s access to education, employment, and decision-making, limiting their ability to assert their rights. The Right to Health (Article 12, ICESCR) further highlights the devastating effects of dowry-related stress, leading to severe mental health issues such as anxiety, depression, emotional trauma, and even suicide. Women subjected to dowry demands frequently endure physical and psychological abuse, with consequences extending to maternal and child health. Additionally, the Right to an Adequate Standard of Living (Article 11, ICESCR) is severely impacted, as dowry obligations push families into deep debt, trapping them in cycles of poverty across generations. Economic disparity worsens as wealthier families use dowry to secure advantageous marriages, further marginalising the poor. Cultural Rights (Article 15, ICESCR) underscore that dowry, often justified as tradition, impedes progressive cultural development. Instead of fostering gender equality, it perpetuates oppression and discrimination, hindering inclusive social progress.
Finally, the most brutal aspect of this practice violates the Right to Life (Article 6(1), ICCPR) and Right to Security (Article 9(1), ICCPR), with thousands of women being murdered each year due to unfulfilled dowry demands.
Government and Society’s Role in Eradicating Dowry in the Madhesi Community
While dowry exists in various parts of Nepal, it is deeply ingrained in the Madhesi community of the Terai region. Strict law enforcement is crucial to ensure effective implementation of dowry prohibition laws with stronger penalties. Awareness campaigns should educate community members, especially young people, about the harmful impact of dowry. Advocacy efforts must promote the idea that women should be valued for their inherent worth rather than as commodities in marital transactions. Community accountability is essential, requiring collaboration with local leaders to challenge and dismantle traditional norms that perpetuate dowry. Encouraging social change by recognising and celebrating families who reject dowry practices can inspire wider societal transformation. Additionally, the judiciary must ensure fair trials and strict legal action against dowry related crimes, guaranteeing justice for victims. Strengthening local governance mechanisms for monitoring and accountability is necessary to effectively track and eliminate dowry practices, ensuring long-term progress in eradicating this harmful tradition.
