Law Reform Panel In Kerala Suggests Decriminalising Dowry Payments, Redefining Law

Eranakulam: In a move that could significantly alter the legal landscape around dowry in India, the State Law Reform Commission in Kerala has recommended decriminalising the payment of dowry. This would be done by amending the existing Dowry Prohibition Act, 1961.

This recommendation has been formally communicated to the central government, which, in turn, has informed the Kerala High Court of the proposed changes.

The Law Reform Commission's recommendation also proposes that the term dowry should be redefined. The draft amendment suggests that dowry be redefined to make it punishable for the groom or his family to seek or demand property and valuables from the bride or her family.

The state government has informed the High Court about the Law Reform Commission's recommendation. The government's response came in reply to a petition filed by Ernakulam native Telmi Jolly, regarding the proceedings in dowry harassment complaints.

The core reason behind this recommendation is the belief that decriminalising dowry payments will create a more open environment. Victims of dowry-related atrocities could then seek justice and support without stigma or fear of prosecution.

Taking note of the petition, the High Court directed the Centre to submit an affidavit clarifying its stance on the proposed amendments and on future enforcement of the law. The court issued this directive during hearings on a petition seeking a report on the action taken to implement the Dowry Prohibition Act. The case is scheduled for further consideration on February 11, 2024.

Jolly told ETV Bharat, "In a situation where giving and receiving dowry is a crime, the victim of abuse is afraid to disclose it. When giving dowry itself is illegal, many abuses do not come to light.

Gifts given to the bride during marriage are meant to secure the future of women. Demanding money or other property is a wrong trend. But since giving money or gold for the future of women becomes a crime under the law, many people hesitate to disclose abuses," Jolly added.

Current Provisions Of The Dowry Prohibition Act, 1961

Enacted on May 20, 1961, the Dowry Prohibition Act aims to prohibit giving or receiving dowry in connection with marriage across India. It applies to all Indian citizens. The Act covers any property or valuable security exchanged directly or indirectly before, during, or after marriage.

Under the Act, dowry includes any property or valuable security given or agreed to be given by one party to a marriage to the other, or by parents or others to either party.

Violations of the Act are considered serious offences, carrying a minimum punishment of five years' imprisonment and a fine of at least Rs 15,000 or an amount equal to the value of the dowry, whichever is higher. These offences are cognizable, non-bailable, and non-compoundable, reflecting the seriousness with which the law treats dowry-related crimes.

Also Read:

1. Woman Dies By Suicide Over Dowry Harassment In Pune; Husband, Mother-In-Law Held
2. Vague Dowry Harassment Allegations Not Sufficient To Prove Cruelty, Abetment Of Suicide: Himachal High Court