'Concerned Authorities Have Become Mute Spectators': PIL To Implement Dowry Prohibition Act Filed Before Kerala High Court

A Public Interest Litigation has been moved before the Kerala High Court for strict and effective implementation of the Dowry Prohibition Act, amidst the rising number of dowry deaths in the State. The matter will be heard today before the Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly. 

The petition has been moved by an educationalist, Dr. Indira Rajan, being concerned about the suffering of women on the count of the prevailing dowry system and inaction of the government and other authorities. Advocate Peeyus A Kottam will be appearing for the petitioner. 

The petitioner, she sought to place the grievance of such helpless women suffering due to the lack of government machinery or the aptitude to fight against the evil of the dowry system prevailing in society. 

"Dowry is a social stigma in the society causing unimaginable torture and crime towards women. This evil has taken lives of numerous innocent women from all strata of society, whether poor, middle class or the wealthy. The lackadaisical attitude of the time to time government in power and its machineries is the root cause for this misfortune being faced by the helpless women," the petition read. 

The Dowry Prohibition Act was enacted recognizing the importance to mitigate and eradicate the menace of dowry. However, 60 years since its introduction, the legislation still fails to serve the intended purpose. In fact, India reports the highest total number of dowry deaths with 8,391 such deaths in 2010 alone, the petition contended.

The primary contention in the petition is that the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules have not yet been implemented in its letter and spirit in the State. 'No positive, effective, or creative steps have been taken to prevent the menace or to bring the culprits who commit the offence before the court of law,' the petitioner alleged. 

The petition claims that the Centre, State, and the officials concerned responsible to prevent this menace and bringing the culprits before the court of law, have become mute spectators over the crime. This is despite the fact that it is the solemn duty of the State to save and preserve the precious life of every citizen under Article 21 of the Constitution of India, the petition states. 

Hence, the Act has proved to be toothless and powerless legislation that gives courage to the culprits to violate the law blatantly and openly.

"Many young, educated and uneducated, poor and rich women are compelled to end their life due to the constant demand for more dowry even though it is prohibited by law. In the present society, giving or taking more dowry is considered as a symbol of prestige and luxury. In other words, marriage has become a trade rather than forming a union of likeminded persons for a better future." 

Contentions in the PIL:

• Rule 6(vi) is self-destructive to achieve the intended goal of the Act.

Rule 6 of the Kerala Dowry Prohibition Rules, 2004  stipulates that the approach of the Regional Dowry Prohibition Officer shall be primarily preventive and remedial. Prosecution is to be resorted to only if all other measures are found ineffective or when parties fail to comply with the orders within the stipulated time, according to this Rule. This implies that the Dowry Prohibition Officer should be a mute spectator even after detection of the crime. 

• Appointment of Regional dowry Prohibition Officers

Rule 3 of Kerala Dowry Prohibition Rules, 2004 stipulates that there shall be 3 posts of Dowry Prohibition Officers on a regional basis with independent charge, known as Regional Dowry Prohibition Officers. However, since 2017, no person has been holding the post of Regional Dowry Prohibition Officer in the State despite dowry deaths being reported constantly.

• Implementation of Rule 2 is impractical 

The petitioner contends that implementation of Rule 2 of the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 is practically impossible since it is highly impracticable for a bride while entering into marriage to insist on a list of presents given to her at the time of marriage, duly signed by the bridegroom. An alternative suggested by the petition is that an obligation may be cast on the parties to the marriage to furnish a list of presents given to the bride at the time of marriage, before the Dowry Prohibition Officer or Registrar of Marriage, before the registration of marriage.

On the above grounds, it is prayed before the Court that Regional Dowry Prohibition Officers be appointed forthwith with independent charge and to direct the Dowry Prohibition Officer to register cases against the culprits and bring them before the Court of law. 

The petitioner also seeks a direction to the Chief Registrar of Marriages to insist all local registrar of marriages, obtain a list of presents including money, which are given at the time of marriage or in connection with marriage

It is also prayed that steps be taken to incorporate appropriate lessons in the curriculum of education to educate the students regarding the dowry system and that Anti-Dowry Prohibition Day be observed in a meaningful manner.

Case Title: Dr. Indira Rajan v. Union of India