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CASE NO.: Writ Petition (civil)  499 of 1997

PETITIONER:

IN RE: ENFORCEMENT AND IMPLEMENTATION OF DOWRY PROHIBITION ACT, 1961

RESPONDENT: .................................

DATE OF JUDGMENT: 02/05/2005

BENCH: C.J.I R.C. LAHOTI, G.P. MATHUR & P.K. BALASUBRAMANYAN

JUDGMENT: J U D G M E N T  

P.K. BALASUBRAMANYAN, J.

       The expression ’dowry’ in ancient times applied to that which a wife  brought her husband in marriage, goods given in marriage or the marriage  portion.  May be, it was conceived of as a nest-egg or security for the wife in  her matrimonial home, especially since, most of the systems regarded a  married woman as an addition to her husband’s family.  But in course of  time, it assumed a different shape and degenerated into a subject of barter,  acceptance of the woman as a wife depending on what her parents would  pay as dowry, varying with the qualification and the status of the  bridegroom’s family.  As felicitously put by Krishnaswami Aiyar, C.J. on  behalf of the Full Bench in Sundaram Iyer v. Thandaveswara Iyer, 1946  Tra L.R. 224,  "But an abuse of the situation soon came into view when the  bridegroom came to be marketed as a commodity for the value  of his accomplishments and future promises and the high  standards of the scriptural marriage which was a sacrament  came to be contaminated by sordid considerations of immediate  monetary gains at the sacrifice of the abiding purposes of the  marriage union."

The position cannot be said to have improved since then.

 2.      Possibly, a social revolution is needed to put an end to the menace.   Refusal by the bride’s father to pay dowry, refusal of the girls to get married  if dowry is insisted upon and the attaching of a social stigma to those who  demand dowry, can alone ultimately put an end to this system or at least  reduce its prevalence.  Obviously, the enactment of a law prohibiting this  evil should go a long way in tackling the menace.  The Parliament in its  wisdom enacted the Dowry Prohibition Act, 1961 (Act No.28 of 1961).  The  objects and reasons were set out as follows :- "The object of this Bill is to prohibit the evil practice of giving  and taking of dowry.  This question has been engaging the  attention of the Government for some time past, and one of the  methods by which this problem, which is essentially a social  one, was sought to be tackled was by the conferment of  improved property rights on women by the Hindu Succession  Act, 1956.  It is, however, felt that a law which makes the  practice punishable and at the same time ensures that any  dowry, if given does ensure for the benefit of the wife will go a  long way to educating public opinion and to the eradication of  this evil.  There has also been a persistent demand for such a

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law both in and outside Parliament.  Hence, the present Bill.  It,  however, takes care to exclude presents in the form of clothes,  ornaments, etc., which are customary at marriages, provided the  value thereof does not exceed Rs.2,000.  Such a provision  appears to be necessary to make the law workable."

3.      The Act came into force on 1.7.1961.  But it was found that even an  enacted law did not help in eradicating or at least lessening the menace.   This Court had occasion to say in Shri Bhagwant Singh v. Commissioner  of Police, Delhi,  AIR 1983 SC 826, that : "The greed for dowry, and indeed the dowry system as an  institution, calls for the severest condemnation.  It is evident  that legislative measures such as the Dowry Prohibition Act  have not met with the success for which they were designed."

This led to the Criminal Law (Second Amendment) Act bringing in stringent  criminal provisions to combat the menace and to some amendments in the  Dowry Prohibition Act itself giving it more teeth.  The objects and reasons  for the amendment by Act 63 of 1984, were set down as follows:- "The evil of dowry system has been a matter of serious concern  to every one in view of its ever-increasing and disturbing  proportions.  The legislation on the subject enacted by  Parliament, i.e., the Dowry Prohibition Act, 1961 and the far- reaching amendments which have been made to the Act by a  number of States during the seventies have not succeeded in  containing the evil.  As pointed out by the Committee on the  Status of Women in India, the educated youth is grossly  insensitive to the evil of dowry and unashamedly contributes to  its perpetuation.  Government has been making various efforts  to deal with the problem.  In addition to issuing instructions to  the State Governments and Union Territory administrations  with regard to the making of thorough and compulsory  investigations into cases of dowry deaths and stepping up anti- dowry  publicity.  Government referred the whole matter for  consideration by a Joint Committee of both the House of  Parliament.  The Committee went into the whole matter in great  depth and its proceedings have helped in no small measure in  focusing the attention of the public and rousing the  consciousness of the public against this evil."

4.      There was a further amendment to the Act by Act 43 of 1986 making  the provisions more stringent and enhancing the punishment for taking or  abetting the taking of dowry.  In spite of all this, it was seen that the  enforcement of the provisions of the Act was thoroughly unsatisfactory and  this is reflected by the filing of this Writ Petition in this Court, in public  interest.

5.      This Writ Petition was filed on 31.7.1997.   The main prayers were for  the issue of writs of mandamus directing the Central Government to frame  rules under Section 9 of the Act, directing the State Governments to frame  rules under Section 10 of the Act and providing for additional functions to  be performed by the concerned officers under Section 8B of the Act, for  appointment of Dowry Prohibition Officers by States as required under  Section 8B; to furnish details regarding the working of Dowry Prohibition  Officers wherever they have been appointed; for setting up of Advisory  Boards as mandated by Section 8B of the Act and to furnish details of the  composition of the Boards and their working, if the Boards have already  been established in any particular State and for other incidental reliefs to  make the working of the Act more effective.  The prayers are really attuned  to bringing about an atmosphere for more effective and rigorous  implementation of the Act and for taking steps to spread the message of the  Act among the people so as to educate them on the evils of dowry and the  remedies available in cases where demands for dowry are made.   

6.      In this Writ Petition, various interim directions were issued.  It is not

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necessary to quote or refer to the individual orders passed or the individual  directions issued.  In view of the directions thus issued, almost all the States  have framed rules under the Act.  Most of them have adopted the model  rules and it is said that only the States of Andhra Pradesh and Orissa have  not adopted the model rules.  The Dowry Prohibition Officers have been  appointed by almost all the States, except it is urged, by the States of  Jharkhand and Uttaranchal.  The State of Jharkhand has filed an affidavit  pointing out that the Superintendents of Police of the District Headquarters  have been notified as District Dowry Prohibition Officers of the concerned  district and directed to perform their duties under the Act.   Thus the present  plea of the States is that they have implemented the various directions of this  Court and steps have been taken to effectively implement the provisions of  the Act.  According to the States and the Union of India, all that have to be  done by way of legislation and subordinate legislation have been done and  the Advisory Boards as contemplated by Section 8B of the Act have also  been constituted.

7.      According to the Union of India and the States, though all that is  needed by way of legislation has been done, the purpose of the law has not  been fully achieved and the blame for this could not be put on the  administration alone.  They submitted in one voice, as suggested by the first  Prime Minister of India in this context that:

"Legislation cannot by itself normally solve deep-rooted social  problems.  One has to approach them in other ways too, but  legislation is necessary and essential, so that it may give that  push and have that educative factor as well as the legal  sanctions behind it which help public opinion to be given a  certain shape."

8.      In the context of the  developments that have taken place, it is  submitted by the amicus curiae appointed by this Court that no serious effort  has been made to implement the provisions of the Act and the Rules and  unless directions are issued by this Court it is highly unlikely that the  provisions of the Act and the Rules will be effectively implemented.  It is,  therefore, submitted that this Court may direct the Central Government and  the State Governments to give wide publicity to the relevant provisions of  the Dowry Prohibition Act, 1961 and Rules 2 and 3 of the Dowry  Prohibition (Maintenance of Lists of presents to the Bride and Bridegroom)  Rules, 1985 by appropriate means including educating the student  community about the relevant provisions and the mandatory requirements of  the Act and the Rules.  It is further submitted that the State Governments  may be directed to appoint sufficient number of Dowry Prohibition Officers  with independent charge in each district of the concerned State,  commensurate with the population of the District and to ensure that only  dedicated and sincere officers are so appointed.  It is submitted that  directions may be issued to the Dowry Prohibition Officers to take  immediate steps for strict enforcement and implementation of the provisions  of Section 3, 4, 4A and 6 of the Dowry Prohibition Act, 1961 and Rules 2  and 3 of the Dowry Prohibition (Maintenance of Lists of presents to the  Bride and Bridegroom) Rules, 1985.

9.      Learned counsel also submits that the Central and State Governments  may be directed to file Compliance Reports in this Court.  One of the serious  aspects pointed out is that the Central Government has not yet framed the  Rules under Section 9(2)(b) of the Dowry Prohibition Act, 1961 and a  direction may be issued to the Central Government to frame the necessary  rules.  It is also submitted that a direction may be issued to the Government  to consider bringing in a legislation irrespective of caste or creed making it  compulsory to register marriages and furnish the list of gifts as contemplated  by the Act and the Rules.  Learned counsel also submits that regarding  seekers of Government employment information may be sought for from  them whether one had taken any dowry at the time of his marriage and

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whether he had filed a declaration as contemplated by the Act, and if he has  taken dowry, whether he has transferred it to its wife or her heirs as required  by Section 6 of the Act.  Such declarations should be sought for even from  those who are already employed.  Learned amicus curiae submits that unless  time bound directions are issued by this Court, the implementation of the  Act and the Rules and the consequent rooting out of the evil, will remain as  tardy as it has been for more than 43 years.  The Legislation will remain a  mirage.    Learned counsel appearing for the Union of India and the States  submit that neither the Union nor the States want the evil of dowry to  continue and they assure the Court that every step will be taken by the  Governments for implementation of the Act and the Rules and further steps  will be devised for making the Act more effective and the Dowry  Prohibition Officers more active with a view to eradicate the evil.  We must  say that this argument on behalf of the respondents could not be accepted at  face value, in view of the fact that even today, none of the respondents is in  a position to tell us that the evil has been eradicated or brought down in any  part of the country.  It is also seen that directions have to be issued even to  frame rules and even today rules as contemplated by Section 9(2)(b) of the  Act have not been framed.  We are, therefore, satisfied that the mere  recording of the assurances of the Union of India and of the State  Governments would not be adequate in the circumstances.  We have already  noticed that this Writ Petition was filed on 31.7.1997 and in spite of the  pendency of this Writ Petition in this Court for the last seven years, the  implementation of the Act and the Rules framed thereunder has not become  as effective as one would have wished and it has not been taken up with the  zeal that is expected from the Government while enforcing a legislation like  the one in question brought about with the object of eradicating a social evil.   It is not as if the menace posed by dowry has in any way lessened.   One can  take judicial notice of the fact that cases of dowry harassment are splashed in  newspapers almost every day.  Therefore, it is clear that implementation of  the Act and the Rules has not been as effective as it should be.

10.     When there is failure on the part of the Executive to strictly  implement a law like the one in question, enacted to tackle a social problem  which has assumed menacing proportions, the Court has a duty to step in  with a mandamus to direct its implementation rigorously and effectively.  In  that context, we find that it is necessary to step in and issue some more  directions to the respondents in addition to incorporating the directions  already issued by this Court by way of interim measure as part of this final  judgment.   

11.     Therefore, in addition to directing the respondents to implement all  the interim directions which were issued in this case thus far, we further  direct the Union of India and the States to take more effective steps to  implement the provisions of the Dowry Prohibition Act, 1961 with particular  reference to Sections 3 and 4 thereof and the various rules framed  thereunder.  In that process, they are also directed to activate the Dowry  Prohibition Officers.  We also direct the Central Government to frame rules  under Section 9(2)(b) of the Act if it has not already been framed.  We direct  the respondents to take steps to ensure that submitting of the list as  contemplated by the Act and the Rules is strictly implemented.  We direct  the Union of India and the State Governments to consider whether  appropriate rules cannot be framed for compelling males, seeking govt.  employment, to furnish information on whether they had taken dowry and if  taken, whether the same has been made over to the wife as contemplated by  Section 6 of the Act, calling for such information also from those already in  employment.  Since, it is also necessary to arouse the conscience of the  people against the demand and acceptance of dowry,   we also direct the  Union of India and the State Governments to take steps for the effective  stepping up of Anti Dowry Literacy among the people through Lok Adalats,  Radio Broadcasts, Television, and Newspapers.  These directions will be  implemented and continue to be implemented rigorously by the respondents.  

12.     The conscience of the society needs to be fully awakened to the evils  of the dowry system so that the demand for dowry itself should lead to loss

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of face in the society for those who demand it.  We have no doubt that our  young and enlightened women would rise to the occasion to fight the evil  which tends to make them articles of commerce.  We also hope that our  educated young males would refuse to be sold in the marriage market and  come forward to choose their partners in life in a fair manner.  

13.     The establishment of a committed and sincere machinery to  implement the Act and the Rules can hasten the eradication of the evil.  The  Union of India and the State Governments are directed to devise means to  create honest, efficient and committed machinery for the purpose of  implementation of the Dowry Prohibition Act, 1961 and the various Rules  framed thereunder.

14.     The Writ Petition is allowed in the above manner.