Kerala Law Reforms Commission Proposes Decriminalizing Dowry Giving in Draft Amendment
In a significant legal development, the Kerala Law Reforms Commission has submitted a draft amendment to the Dowry Prohibition Act, 1961, proposing to decriminalize the act of giving dowry. The state government informed the Kerala High Court about this submission, marking a potential landmark shift in India's approach to combating dowry-related abuse.
PIL Challenges Constitutional Validity of Dowry Law
The submission came in response to a public interest litigation (PIL) filed by Tellmy Jolly of Ernakulam, who challenged the constitutional validity of Section 3 of the Dowry Prohibition Act, 1961. Jolly argued that this section penalizes not only the taking of dowry but also the giving of dowry or its abetment, which often involves victims or their family members.
According to the petitioner, this provision acts as a deterrent to reporting dowry-related harassment due to fear of self-incrimination. Jolly sought to strike down Section 3 specifically to the extent that it criminalizes the giving of dowry or its abetment, highlighting how current law may inadvertently silence those most affected by dowry practices.
Proposed Redefinition and Enhanced Penalties for Dowry Takers
The government pleader elaborated that the draft amendment represents a comprehensive legal reform aimed at encouraging victims to come forward without fear of prosecution. Under the proposed changes, dowry would be redefined as property or valuable security taken or demanded by the bridegroom or his relatives from the bride or her family.
This redefinition shifts the focus exclusively to those who demand or receive dowry, with the draft bill proposing imprisonment for such acts. The government's position suggests that by removing criminal liability from givers—who are often pressured into compliance—more cases of dowry harassment might be reported and prosecuted effectively.
High Court Seeks Central Government's Stance on Amendment
While considering the petition recently, a bench comprising Chief Justice Soumen Sen and Justice V M Syam Kumar noted the absence of representation from the central government's counsel. The court directed that notice be served on the central government counsel, calling upon them to clarify their stand on this crucial issue by filing an affidavit.
Accordingly, the High Court has adjourned the petition to February 2, awaiting the central government's response. This judicial step underscores the national significance of Kerala's proposed legal reform, as dowry laws fall under concurrent jurisdiction where both state and central governments play roles.
The proposed amendment, if implemented, could transform how dowry cases are handled across India, potentially increasing reporting rates while maintaining strict penalties for those who demand or accept dowry. Legal experts anticipate this could set a precedent for other states grappling with similar challenges in enforcing anti-dowry legislation.
