'Sensitise Future Generation About Equality In Marriage' : Supreme Court Issues Directions To Tackle Dowry Evil

While quashing an acquittal of a husband and her mother convicted for dowry death and cruelty, the Supreme Court deemed it necessary to issue general directions to tackle the issue of dowry deaths in society.In passing the order, the Court termed dowry as a social evil because of which a 20 year old had to give up on her life: "In this case, a young girl, barely of twenty, when she was sent away from the world of the living by way of a most heinous and painful death, met this unfortunate end simply because her parents did not have the material means and resources to satisfy the wants or the greed of her family by matrimony. A coloured television, a motorcycle and Rs. 15,000/- is all she was apparently worth of." The Court lamented that when it comes to the giving and taking of dowry, this practice, unfortunately, has deep roots in society, and hence, a social change is needed for the effective implementation of the law."To ensure that the change brought in is able to make an impact on the efforts to eradicate this evil, it is to be ensured that the future generation, youngsters of today, are informed and made aware about this evil practice and the necessity to eschew it," the Court observed.A bench comprising Justice Sanjay Karol and Justice NK Singh passed a slew of directions, including a direction to all High Courts to take a stock of the pending dowry death and cruelty cases for earliest disposal, due appointment of Dowry Prohibition Officers in all States, and appropriate training to police and judicial officers to teach them about the social and psychological implications of such cases. Before issuing directions, the Court acknowledged how one has to oscillate between the ineffectiveness of the dowry death and cruelty law and its misuse, which continues to create judicial tension and requires an urgent solution. It relied on Bhagwant Singh v. Commr. of Police, in which the then Justice R.S. Pathak observed how the Dowry Prohibition Act(DPA) continues to be ineffective and how the Court, taking note of the ineffective implementation, had issued directions, but the annual statistics continue to paint a grim picture. "While on the one hand, the law suffers from ineffectiveness and so, the malpractice of dowry remains rampant, on the other hand, the provisions of this Act have also been used to ventilate ulterior motives along with Section 498-A, IPC. This oscillation between ineffectiveness and misuse creates a judicial tension which needs urgent resolution. While this urgent resolution cannot be stressed upon enough, at the same time it is necessary to be recognized that particularly when it comes to the giving and taking of dowry, this practice unfortunately has deep roots in society, hence, it not being a matter of swift change, instead needs concentrated effort on part of all the involved parties, be it Legislature, law enforcement, Judiciary, civil society organizations etc."The directions: 1. It is directed that States and even the Union Government consider changes as are necessary to the educational curriculum across levels, reinforcing the constitutional position that parties to a marriage are equal to one another and one is not subservient to the other as is sought to be established by giving and taking of money and or articles at the time of marriage.2. The law provides for the appointment of Dowry Prohibition Officers in States. It is to be ensured that these officers are duly deputed, aware of their responsibilities and given the necessary wherewithal to carry out the duties entrusted to them.The contact details (name, official phone number and email ID) of such an officer designated to this position are disseminated adequately by the local authorities ensuring awareness of citizens of the area;3. The police officials, as also the judicial officers dealing with such cases, should periodically be given training, equipping them to fully appreciate the social and psychological implications which are often at the forefront of these cases. This would also ensure a sensitivity of the concerned officials towards genuine cases versus those which are frivolous and abusive of the process of law;4.The High Courts are requested to take stock of the situation, ascertain the number of cases pending dealing with Section 304-B, 498-A from the earliest to the latest for expeditious disposal: "it is not lost on us that the instant case began in 2001 and could only be concluded 24 years later by way of this judgment. It is but obvious that there would be many such similar cases."5 we also recognize that many people today are/have been outside the education fold, and that it is equally, if not more so, important to reach them and make accessible and comprehensible, the relevant information regarding the act of giving or taking of dowry as also other acts sometimes associated therewith, other times independent thereof (mental and physical cruelty) is an offence in law. The District Administration along with the...

'Sensitise Future Generation About Equality In Marriage' : Supreme Court Issues Directions To Tackle Dowry Evil

Gursimran Kaur Bakshi

Youngsters should be made aware that parties to marriage are not subservient to each other.

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