If you have read through the preparation for this PIL here, the following are the documentation I created for this PIL and related Court Order and other titbits.
Here are the Main Prayers:
It is respectfully prayed that this Honorable Court may be pleased to issue the following Writ Reliefs in the interest of justice, equity and in accordance to protect the Articles 14 and 21 of the Constitution of India of citizens as laid out in above section titled, “IV.GROUNDS/FACTS IN DETAIL, AS NECESSARY TO APPRECIATE THE CONTENTION OF PIL” on Urgent Basis to abate the violation of fundamental rights from eternal perpetuity.
Further, it is pointed out that in view of the Conflicting views passed by different Fora regarding the said provisions of the impugned enactments, the interference of this Court is indispensable to ensure certainty in the lives of citizens at the receiving end and consistency in the approach of the Legislature and Judiciary towards granting fair trial to the people.
- Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to Respondents, to link various marriage enactments of India with Dowry Prohibition Act, 1961, by making Marriage Registration certificate as a mandatory document for Proof of Marriage, to file a case under any provision of DP Act.
- Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to Respondents, to amend the application forms used for Registration of Marriages in all States and Union Territories to
- capture if any presents were given to either bride or groom before/during/after the marriage ceremony as mandated in Dowry Prohibition Rules (Maintenance of Lists) of 1985.
- declare that there is no dowry given/taken/demanded by either side of bride or bride groom, before/during/after the marriage ceremony.
- Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to Respondents, such that there is no ambiguity to them whether to prosecute the Dowry givers under section 3 of DP Act read with section 7 of DP Act and no discrimination is made between Dowry Giver and Dowry Taker, under Section 3(1) of DP Act, in similar fashion as that of made by Bangladesh.
- Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to Respondents, to ensure all the necessary awareness is created at all institutions where Marriages are performed in regards to the Dowry Menace and the legal rights of parties.
- Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to Respondents, to ensure all the necessary sensitization is created at all Fora where Marriages are registered in regards to the Dowry Menace and the legal rights of parties.
- Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to Respondents, to ensure that each Marriage so registered with Marriage Registrars or similar Institutions give out free literature such as a booklet, pertaining to existence of Dowry Laws & relevant provisions of Indian Penal Code 1860.
- Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to Respondents, to ensure that the Name of the enactment be suitably amended from Dowry Prohibition Act, to reflect and include all words that align to the demand for money or property under various religions, thereby making it not perceived as an enactment specific to only Hindu religion alone.
- Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to Respondents, to ensure that in all criminal cases filed under Dowry Prohibition Act 1961 and 498A I.P.C. or any other penal code dealing with Dowry-related crime, where the accused person/persons are acquitted on merits, the Investigating officers are prosecuted for launching false prosecution suo moto, by the same Magistrate who passed an order of acquittal.
In the Alternative,
Strike down appropriately and sufficiently, all relevant sections of DP Act, so as to make Giving of Dowry as no more a crime in India as all the persons who give Dowry are never going to be prosecuted at all, in the view of the bar imposed by Section 7(3) DP Act.
And here is the Petition (only petition; There are umpteen additional affidavits that I had to file in support of my petition)
HMA DP3 PIL v3.0 (To Upload)
Rejection Order Passed by the Committee of Registrars:
Report of Committee of Registrars
Timeline for this PIL:
In November 2019, PIL was filed. Lots of learnings.
In December 2019, Interview was conducted by Registrar Judicial.
In January 2020, above Order was passed by the Registrar Judicial, by lying that I never appeared Party-in-person in any Court. (I have evidence to disprove this)
In February 2020, I withdrew the PIL, as I was not permitted to argue my PIL case, Party-in-person.
Next Steps
Since PIL route has been explored and all nuances in filing understood, I will explore the WP route now and later on explore Letter Petitions. And in more than one Petitions per unique prayer. Continue here.
