The practice of accepting dowries in marriages is a direct cause of “family violence, murders and suicides in Australia”, according to the report of a senate inquiry into dowries.

After months of submissions and evidence by individuals and organisations, the inquiry has reported that dowry was a significant issue among Indian Australians but it stopped short of recommending the application of criminal law.

Among its recommendations are that state and federal governments work to harmonise existing legislation providing for intervention or violence orders to explicitly recognise dowry abuse as an example of family violence or economic abuse.

It also said further consideration should be given to legal and decision making frameworks to ensure that victims of dowry abuse are not disadvantaged in family law property settlements, given the community concerns about inconsistent approaches under the current family law framework.

The report called for a broadening of the definition of family violence to include economic abuse and for ensuring that those who are forced to marry their partner or experience family violence from their partner, or from their partner’s family members, are protected through the family violence provisions in the Migration Regulations 1994 Act.

But the recommendations stopped short of any specific law for criminalising dowry.

“Criminalisation may have the unintended result of driving this pernicious cultural practice underground, further isolating culturally and linguistically diverse (CALD) women and causing greater harm,” the report said.

“The committee is also mindful that the criminalisation of dowry in India does not appear to have been particularly effective in preventing dowry abuse, and that the Indian law has been the subject of misuse and extensive criticism.

“In doing so, the committee considers that there is no benefit for society in creating a system that fosters false and vexatious complaints – often against men – when marriages break down as appears to be the case under the current Indian law,” the report said.

Inquiry Committee Chair Senator Louise Pratt said the issue of dowry in Australia was far more significant than she was expecting.

“I saw that really from a wide range of participation of women and community organisations who have been supporting and interacting with both men and women who have been affected by these issues,” Sen Pratt said.

“I can say that this is certainly big enough for us to take it seriously as an issue that needs legal and policy reform in Australia. It is now time for a national discussion about this kind of violence and abuse,” she said.

Anti-dowry campaigner Dr Manjula O’Connor said she believed dowry abuse played a significant role in promoting domestic violence within Indian migrant families living in Australia.

At present, there is no reference to dowry abuse in the Family Law Act and Victoria is the only state that specifically includes dowry abuse in legislation as an example of family violence.

“Dowry is a growing problem in Australia, it’s time we face it,” Dr O’Connor said.

While the committee acknowledged overwhelming evidence that women are the major victims of dowry abuse, it also received evidence that “numerous men within the Indian community have been falsely accused of dowry abuse by their former wives, or are themselves victims of ‘reverse dowry’ abuse.”

Laurie Nowell 
AMES Australia Senior Journalist