Kochi: In a significant development in the fight against dowry, the Kerala government has told the High Court that the Kerala Law Reforms Commission has recommended removing provisions that criminalise the act of giving dowry under the Dowry Prohibition Act, 1961. The proposal aims to shift the legal focus firmly onto those who demand dowry, rather than those who give it.
According to the recommendation, dowry should be defined strictly as property or security demanded by the groom or his family, and the act of demanding dowry alone should be treated as a criminal offence. The Commission has further suggested stringent punishment, including imprisonment, for those found guilty of demanding dowry.
The submission was made in connection with a petition filed by Ernakulam native Telmy Jolly, who has challenged Section 3 of the Dowry Prohibition Act, which currently makes giving dowry a punishable offence. The petitioner argued that treating both the giver and the demander as offenders has weakened the effective enforcement of the law.
Noting that the central government has not yet stated its stand on the issue, the High Court directed the Centre to file an affidavit clarifying its position by February 11. The case was heard by a Division Bench comprising Chief Justice S. Manikumar and Justice V. M. Shyam Kumar.
