Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dowry Prohibition Act 9(2)(b) and 6 1961-Sections 3 4 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Dowry Prohibition Act, 1961-Non-implementation of-Writ petition-Supreme Court issuing interim directions for the effective implementation of the Act and the Rules, however not effective-Hence, issuance of mandamus directing implementation of the Act and the Rules rigorously and effectively-Directions issued in addition to interim directions to Union of India and States to implement sections 3, 4 and the other provisions and various Rules framed thereunder; activate Dowry Prohibition Officers; frame Rules under section 9(2)(b); to consider framing of Rules to seek information from males seeking Government employment and those already in employment regarding taking of any dowry and transferring the same to the wife as contemplated under section 6; and stepping up of Anti Dowry Literacy among people Sections 3, 4, 9(2)(b) and 6-Judicial Activism. Despite the enactment of the Dowry Prohibition Act, 1961 and also the amendments made to the Act, there was no effective enforcement and implementation of the provisions of the Dowry Prohibition Act, 1961. Hence the present writ petition was filed before this Court for issuance of mandamus directing Central Government and State Government to frame Rules under sections 9 and 10 of the Act respectively; appointment of Dowry Prohibition Officers by State under section 8B and providing additional functions to be performed by them and furnish details regarding their working; and setting up of advisory Boards under section 8B and furnishing details regarding their composition and working. This Court issued various interim directions and almost all the States framed Rules under the Act and appointed Dowry Prohibition Officers and set up advisory Boards. It was contended for the Union of India and the States that they do not want the evil of dowry to continue and they assured the Court that every step will be taken by the Governments for implementation of the Act and the Rules and further steps will be devised for making the Act more effective. Amicus curiae contended that there has been no effective implementation of the provisions of the Act and the Rules and the evil of dowry will continue unless directions are issued by this Court; that direction be passed to give wide publicity to the relevant provisions of the Act and Rules; that the Dowry Prohibition Officers be appointed with ,independent charge in each district of the concerned State for strict enforcement and implementation of the Act and Rules; that the Central Government be directed to issue Rules under section 9(2)(b) of the Act; that a legislation be brought for making registration of marriages compulsory and furnishing the list of gifts as contemplated by the Act and the Rules; and that the information may be sought from those seeking Government employment and those already employed regarding taking of any dowry at the time of his marriage and transferring of the same to his wife or her heirs. |
Judge | Hon'ble Mr. Justice P.K. Balasubramanyan |
Neutral Citation | 2005 INSC 243 |
Petitioner | In Re: Enforcement And Implementation Of Dowry Prohibition Act, 1961 |
SCR | [2005] 3 S.C.R. 1020 |
Judgement Date | 2005-05-02 |
Case Number | 499 |
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