Dowry Prohibition Act's Implementation A Matter To Be Seriously Looked Into : Kerala High Court

A Division Bench of the Kerala High Court on Friday while hearing a PIL directed the State government to seriously look into the implementation of the Dowry Prohibition Act and the Rules framed thereunder. 

Chef Justice S Manikumar and Justice Shaji P Chaly also directed the State to inform the Court as to the steps taken since 2004 in the implementation of the aforementioned Rules. Additionally, the Court sought an explanation for the non-appointment of a Regional Dowry Prohibition Officers in the State. 

"...we are of the view that implementation of Dowry Prohibition Act 1961 and the rules framed thereunder is a matter to be seriously looked into", the bench observed.

The PIL will be posted after 3 weeks.

The directions were issued considering the fact that despite the increasing number of dowry deaths being reported in the State, no action has been taken to implement the concerned Act and Rules till date. 

The Bench was hearing a PIL filed by 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 appeared on behalf of the petitioner.

The primary contention in the petition was 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. 

Moreover, it was submitted that according to Rule 3 of Kerala Dowry Prohibition Rules, 2004, there shall be 3 posts of Dowry Prohibition Officers on a regional basis with independent charge, known as Regional Dowry Prohibition Officers. It was alleged that since 2017, no person has been holding the post of Regional Dowry Prohibition Officer in the State.

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