Source: Allahabad High Court

Why in News?

Recently a bench of Justice Vikram D Chauhan held that it is surprising that despite the Dowry Prohibition Act, 1961 (DP Act) having been enacted in the year 1961 and more than 62 years have passed, the progress with regard to eradication of practice of dowry has been slow.

• The Allahabad High Court directed that the illegal practice of dowry is required to be addressed by government in the case of Ankit Singh and 3 Others v. State of UP and Another.

What was the Background of Ankit Singh and 3 Others v. State of UP and Another Case?

• This case relates to the implementation of the DP Act and the Uttar Pradesh Dowry Prohibition Rules, 1999 in the state of Uttar Pradesh.

What were the Court’s Observations?

• The court observed that in many dowry cases, the provisions of the Rules, particularly maintaining a list of gifts/presents as per Rule 10 and following the procedures laid down in Rule 7, are not being followed.
• The court noted concerns about the lack of awareness programs, lack of involvement of Dowry Prohibition Officers in investigations, lack of recovery of alleged dowry amounts during investigations, and over-reliance on statements of complainants who may themselves be offenders for giving dowry.
• The court highlighted instances where large cash amounts beyond permissible limits are alleged to have been given as dowry, but the source and utilization of these amounts are not being investigated.

What were the Directions of Allahabad High Court on Implementation of DP Act and Uttar Pradesh Dowry Prohibition Rules, 1999 i in Uttar Pradesh?

• The state government has to explain why Rules 10 and the Rules of 1985 regarding maintaining a list of gifts are not being implemented and the steps taken to encourage submission of such lists.
• The Chief Dowry Prohibition Officer has to provide data on awareness programs conducted in the last two years through various media and public hoardings.
• The state government has to examine why the principles of Rule 6(4) regarding taking preventive and remedial measures are not being followed.
• The state government has to examine the necessity of exercising power under Section 8B(3) to confer certain police powers on Dowry Prohibition Officers.
• The Chief Dowry Prohibition Officer has to provide details of complaints received and prosecutions initiated by Dowry Prohibition Officers in the last two years.
• The DGP has to file an affidavit explaining why the source and utilization of alleged dowry amounts, particularly large cash amounts, are not being investigated, and why such amounts (being proceeds of crime) are not being recovered during investigations.
• The state government has to explore putting up notices in marriage venues regarding the anti-dowry campaign and maintaining lists of gifts.

Who are Dowry Prohibition Officers?

Section 8B. Dowry Prohibition Officers

• Appointment and Jurisdiction (Sub-section 1):
  • The State Government may appoint as many Dowry Prohibition Officers as it thinks fit and specify the areas in respect of which they shall exercise their jurisdiction and powers under this Act.
• Powers and Functions (Sub-section 2):
  • Every Dowry Prohibition Officer shall exercise and perform the following powers and functions, namely:
    • to see that the provisions of this Act are complied with;
    • to prevent, as far as possible, the taking or abetting the taking of, or the demanding of, dowry;
    • to collect such evidence as may be necessary for the prosecution of persons committing offences under the Act; and
    • to perform such additional functions as may be assigned to him by the State Government, or as may be specified in the rules made under this Act.
• Powers of a Police Officer (Sub-section 3):
  • The State Government may, through an official notification, confer certain powers of a police officer upon the Dowry Prohibition Officers. These powers will be subject to the limitations and conditions specified in the rules made under the DP Act.
• Advisory Board (Sub-section 4):
  • The State Government may, for the purpose of advising and assisting Dowry Prohibition Officers in the efficient performance of their functions under this Act, appoint an advisory board consisting of not more than five social welfare workers (out of whom at least two shall be women) from the area in respect of which such Dowry Prohibition Officer exercises jurisdiction under sub-section (1).