The Kerala High Court was informed by the State Government that the Kerala Law Reforms Commission has prepared a draft amendment proposing a significant change to the Dowry Prohibition Act by decriminalising the act of giving dowry. This submission was made during the hearing of a public interest litigation that raised concerns regarding the effectiveness of the legal and administrative framework dealing with dowry-related complaints in the State. The case before the Court focused on issues of accountability, enforcement, and the practical challenges faced by complainants under the existing statutory regime governing dowry prohibition.
The public interest litigation was filed seeking directions to strengthen the handling of complaints under the Kerala Dowry Prohibition Rules and to ensure that authorities act promptly and responsibly when allegations of dowry-related harassment or violations are brought to their notice. During the course of the hearing, the State Government apprised the Court of the recommendations made by the Kerala Law Reforms Commission, stating that the proposed amendment was aimed at addressing structural issues within the current law that may discourage victims from reporting dowry-related offences.
According to the State’s submissions, the Dowry Prohibition Act presently treats both the giving and receiving of dowry as criminal offences. While the objective of the law is to eliminate the social practice of dowry, the government explained that this dual criminalisation has, in practice, had unintended consequences. Victims and their families, who often give dowry under social pressure or coercion, may hesitate to file complaints due to the fear that they themselves could face criminal prosecution for having given dowry. The Law Reforms Commission identified this fear as a major barrier preventing effective enforcement of the law and timely reporting of dowry demands and harassment.
The draft amendment prepared by the Commission proposes a redefinition of the term “dowry” so that criminal liability would attach only to the act of taking or demanding dowry, rather than to the act of giving it. The proposed change seeks to narrow the scope of the offence by focusing on the conduct of the groom or his relatives who demand or accept property or valuable security in connection with marriage. By excluding the giver of dowry from criminal liability, the amendment aims to remove the deterrent effect that currently discourages victims from approaching authorities.
The State Government informed the Court that the intent behind the proposed amendment is to encourage more women and their families to report instances of dowry demands, harassment, and related abuse without fear of legal repercussions against themselves. The government clarified that the proposal does not dilute the prohibition on dowry or weaken the punitive measures against those who demand or receive dowry. Instead, it seeks to realign the law with the lived realities of victims who are often compelled to comply with dowry demands due to societal pressures, threats, or concern for the safety and dignity of the bride.
The High Court, upon hearing these submissions, noted that the proposed amendment raises important legal and policy considerations, particularly because the Dowry Prohibition Act is a central legislation applicable across the country. Recognising that any change to the scope of offences under the Act could have wider implications, the Court issued notice to the Union of India and directed it to file an affidavit setting out its position on the proposed decriminalisation of giving dowry. The Court indicated that the Union’s response would be necessary to assess the constitutional and legislative dimensions of the proposal.
During the proceedings, it was also brought to the Court’s attention that the State has taken additional steps to strengthen the institutional framework for addressing dowry-related complaints. The government stated that a dedicated dowry prohibition portal has been established to enable members of the public to file complaints under the relevant rules. This initiative was presented as part of a broader effort to improve accessibility, transparency, and responsiveness in dealing with dowry-related grievances.
The High Court recorded these submissions and observed that the issues raised in the public interest litigation extend beyond individual cases to systemic concerns regarding the effectiveness of enforcement mechanisms under the dowry laws. The Court acknowledged that while the Dowry Prohibition Act was enacted with the objective of eradicating a deeply entrenched social evil, its implementation must also ensure that victims are not placed in a position where seeking justice exposes them to criminal liability.
The draft amendment proposed by the Kerala Law Reforms Commission represents a shift in legislative approach by distinguishing between those who are victims of dowry demands and those who perpetrate such demands. By proposing to decriminalise the act of giving dowry, the Commission aims to place the focus of criminal law on the coercive and exploitative conduct associated with demanding or accepting dowry. The State Government conveyed to the Court that this approach is intended to align the law more closely with principles of victim protection and access to justice.
The High Court’s decision to seek the Union of India’s response reflects the importance of ensuring uniformity and coherence in the application of central legislation. Any amendment affecting the definition of dowry and the scope of criminal liability under the Act would require careful consideration of constitutional principles, legislative competence, and the broader impact on anti-dowry enforcement across different states. The Court indicated that these aspects would be examined after receiving the Union’s affidavit.
The public interest litigation remains pending before the High Court, and the matter has been posted for further hearing after the Union of India files its response. The Court has not expressed any final opinion on the merits of the proposed amendment but has acknowledged that the issues raised merit serious consideration. The proceedings highlight the ongoing judicial engagement with the challenges of enforcing social welfare legislation in a manner that effectively deters wrongdoing while safeguarding the rights and interests of victims.
The developments placed before the High Court underscore the evolving legal discourse surrounding dowry prohibition in India. The proposal to decriminalise the act of giving dowry reflects a recognition of the complex social dynamics that underpin the practice and the need to ensure that legal frameworks do not inadvertently penalise those they are intended to protect. As the case progresses, the Court’s consideration of the Law Reforms Commission’s proposal and the responses from the State and the Union will shape the future course of the litigation and may influence broader discussions on reforming dowry laws to enhance their effectiveness and fairness.
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