Giving Dowry An Offence But Bride & Family Admittedly Defy This Law And Go Unpunished Because Of Bar In Law, Alarming: Allahabad High Court

In a recent judgment, the Allahabad High Court has elucidated on provisions of the Dowry Prohibition Act, 1961 and the Uttar Pradesh Dowry Prohibition Rules, 1999 and observed that groom and his family are being prosecuted under Section 3 of the Dowry Prohibition Act, 1961 merely based on the statements made by the bride and her family. Prima facie, this Court feels that the Dowry Prohibition Officer are not following the direction of law as they are not ensuring that the provisions of the Dowry Prohibition Act and Rules framed there under are followed in letter and spirit by parties to marriage.” The Court held that the Government Order dated 17.05.2024 which directed that the list of presents as per the Rules of 1985 shall be submitted at the time of registration of marriage, was an important step in the eradication of dowry from society as it would also prevent false implication of the groom and his family members due to matrimonial disputes that arose after marriage. “Any other interpretation of law would mean that bride or her family members may resort to allegations under the Indian penal code along with allegations under the Dowry Prohibition Act and thereby take away the jurisdiction of Dowry Prohibition Officer and straight away expose the groom and their family members to the rigour of criminal law and deprived them of liberty although dispute may be a matrimonial dispute between parties.” The Court observed that under the Act and Rules, the power to take preventative and remedial measures lies upon the Dowry Prohibition Officers and not the police. “In order to take away jurisdiction of Dowry Prohibition Officer, along with offence under Dowry Prohibition Act, allegations are also being levelled with regard to provisions of Indian Penal Code.