The Allahabad High Court in its order dated May 08, 2024 raised a pertinent question as to why a list of gifts exchanged between couples during marriage, was not being maintained as prescribed under Section 3(2) of the Dowry Prohibition Act, 1961.
According to the High Court, this should be mandatory to prevent false allegations of dowry at later stages, if a marriage fails.
Case:
The Allahabad High Court was hearing a matter Ankit Singh V. State of Uttar Pradesh where the Court observed how sizeable number of litigations arising out of Dowry Prohibition Act, 1961 were coming up, whereas, these cases largely pertained to matrimonial disputes.
Justice Vikram D Chauhan of the Allahabad High Court went on to state that the parties to the marriage are filing cases with allegations of dowry, however, no list in terms of Section 3(2) of the Dowry Prohibition Act and Rules of 1985 are being filed either by the husband or the wife or their family members.
Thus, the court was of the opinion that Section 3(2) of the Dowry Prohibition Act, 1961 is required to be implemented in its letter and spirit so that citizens are not subject matter of frivolous litigations.
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What is Section 3(2) of Dowry Prohibition Act, 1961?
As per Section 3(2) of the Dowry Prohibition Act, 1961, presents given at the time of marriage to the bride or bridegroom, which are entered in the list maintained in accordance with the Rules made under the Act, shall not be construed as dowry under Section 3 of the Dowry Prohibition Act.
Rules in accordance with which lists of presents are to be maintained:
- The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride
- The list of presents which are given at the time of marriage to the bridegroom shall be maintained by the bridegroom
- Every list of presents referred to in sub-rule (1) or sub-rule (2):
(a) shall be prepared at the time of the marriage or as soon as possible after the marriage
(b) shall be in writing
(c) shall contain,- (i) a brief description of each present; (ii) the approximate value of the present; (iii) the name of the person who has given the present; and (iv) where the person giving the present is related to the bride or bridegroom, a description of such relationship
(d) shall be signed by both the bride and the bridegroom
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Justice Chauhan added,
The maintenance of the list is also important so that both the parties to the marriage and their family members may not level false allegations of taking dowry or giving dowry in a marriage subsequently.
The arrangement made by the Dowry Prohibition Act may also assist in subsequent litigation between the parties, to arrive at a conclusion whether the allegations with regard to the taking or giving of dowry are covered by the exception carved out under section 3(2) of the Dowry Prohibition Act, 1961.
Section 3 of the Act provides penalties for giving or taking dowry as imprisonment for not less than 5 years and a fine not less than Rs 50,000 or the amount equal to the value of the dowry, whichever is higher.
Sub-section (2) of Section 3 refers to the presents which are given to the bride or the bridegroom at the time of marriage and have not been demanded are not ‘dowry’, provided that a list of such gifts received by either person is maintained in accordance with rules.
The High Court went on to add:
The Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 have been framed in this respect by the Central government, as in the Indian marriage system, gifts and presents act as a token of celebration and honouring the important event.
The legislature was aware of the Indian tradition and as such, the above-mentioned exception was carved out. The above-mentioned list would also act as a measure to thrash out the (false) allegations of dowry which are subsequently levelled in matrimonial disputes.
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Emphasising on Section 8B of the Dowry Prohibition Act, the High Court was of the opinion that Dowry Prohibition Officers are required to be appointed for the purpose to see that the provisions of this Act are complied with.
The Chief Secretary, U.P. or any other officer authorised by him shall file an affidavit as to whether in terms of Section 8B of the Act, Dowry Prohibition Officers have or have not been appointed by the State Government.
Concluding the order, the Allahabad High Court said:
The State Government shall also file an affidavit to the effect whether at the time of registration of marriage, list of presents as required by the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 are being taken by the officers and being maintained so that subsequently in the event there is dispute between the parties to marriage, with regard to the presents being given in marriage – being designated as dowry, the same can be verified.
The next hearing for this case is listed for May 23, 2024.
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Voice For Men India Take:
- Indian culture thrives on rich traditions
- Indian weddings are a sum total of our culture, where numerous ceremonies having their own significance, are conducted during a marriage ceremony
- Unlike the west, both sides to a marriage in India, believe in exchanging gifts or presents as a mark of love, affection and respect welcoming their daughter-in-law or son-in-law within their respective families
- In happier times, the exchange of such gifts between parties are mutual without any force or coercion
- Infact, as observed frequently, it is the bride’s side that goes beyond their capacity in splurging over the festivities and gifts, most often to project and boast about their own financial status in society
- Now, when a marriage goes bad between the couple at a later stage, the same doting in-laws of a man, strike back with an endless list of items given to him and his family during marriage. They now call these gifts as ‘dowry’
- When the relationship goes bitter and sour, brides and their families even include undergarments given to their daughter as dowry
- In India, mere allegations of dowry are enough to drag a husband and his entire family to court
- Of course, one may argue that truth will prevail during the trial, but by the time justice is meted out to the husband’s family, they have lost out of precious years of life, sacrificing their reputation and respect, running around police station and courts
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- At no point in time, Voice For Men India justifies or supports any form of forced gifts – which is the real definition of dowry
- Anyone who threatens, abuses or is violent with the wife or their daughter-in-law, must face serious consequences of the law
- Sadly, these real victims of dowry harassment end up waiting in queue for justice, because the women with money/power/influence who want to fix their husbands and in-laws are given priority
- Such frivolous cases are also encouraged to be filed without any fear due to the lack of intent from courts to take any action against such false accusers
- This Allahabad High Court order surely comes as a reality check, once again reiterating the gross misuse and abuse of a law, that was meant to protect vulnerable women
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READ ORDER | Maintain List Of Gifts Exchanged During Marriage To Avoid False Dowry Allegations: Allahabad HC
— Voice For Men India (@voiceformenind) May 16, 2024
▪️"List is imp so parties/families don't level false allegations of taking dowry/giving dowry: Justice Vikram D Chauhan#VoiceForMen#498Ahttps://t.co/zrfFBe5120
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