After losing out (didn’t lose the case but didn’t get opportunity to argue in-person) in an earlier attempt here, I decided to take Writ Petition route as I am (along with my parents!) one of the affected person of this biased implementation of a convoluted interpretation of section 7(3) of Dowry Prohibition Act 1961 (amended in 1986). Also, decided to decentralize my PIL prayers.

So picked up this prayer from earlier attempt and worked on writing the WP.

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.

Key Point

Shouldn’t all Dowry givers be booked and prosecuted as per section 3 of Dowry Prohibition Act 1961 (as amended from time to time) or not?

Arguments – Counter Arguments

Another simple point from the Bare Act itself.

Prayer

Prosecute Dowry Givers u/s 3(1) without protecting them u/s 7(3) = Article 14 and 21 compliance

Alternatively, strike down words ‘Gives’ and ‘abets to give’ from section 3(1) = ultra-vires to Article 14 and 21 compliance and contrary to legislative intent

Either-way, I win!

Full prayers from the Writ Petitions:

All the cited case laws are listed here.

• Malreddy Ramachandra Reddy Vs C. Vanaja Reddy and Ors on 16 April 2003 (AP HC)
• Ram Gopal Sah Vs State Of Jharkhand on 03 December 2008 (Jharkhand HC)
• Pooja Saxena vs State and Anr on 20 October 2010 (Delhi HC)
• Yashpal Kumar Vs Bhola Nath Khanna and Anr on 1 March 2012 (Delhi HC)
• Kudarathullah Khan Vs The State of Andhra Pradesh on 21 March 2012 (AP HC)
• Viral Dhulia Vs Virag Dhulia on 25 July 2013 (Kar HC)
• Chitranjan Dev Goel and Ors Vs State (Nct of Delhi) and Ors on 21 March 2016 (Del HC)

ACTION STARTS:

WP (in the name of my parents, and not in my name) is filed on 14-09-2021. WP No. 20594 of 2021 (WPSR 27260/2021). Here is the affidavit.

Case Details

Filed a memo with additional information on 17-09-2021:

Order Passed on 20-09-2021

Initial hearing before admission on 20-09-2021. Notices issued to the Respondents. Government Advocates take notice and sought 4 weeks time to file Counters.

 Next Date of Hearing : 13-12-2021

1. The case was transferred from Court-14 to Court-1, since there is a question of law involved.
2. It is almost 90 days from the date of issue of notices to Government advocates but I am still waiting for the Counters to be filed by them. I suspect, they will continue to seek additional time. Let’s see how this gamble goes on…

Since the petitioner is questioning the vires of the Dowry Prohibition Act, Registry is directed to post the matter before the appropriate Bench as per roster.

 Next Date of Hearing : 16-12-2021

1. My Advocate took two weeks time.

On the request made by Ms. Sridevi Jampani, learned counsel for the petitioners, post this case after two weeks.

Next Date of Hearing : 30-12-2021

Due to COVID-19 situation, the Court-1 took up only part of the Causelist and rest of the cases, including mine, was not listed. No future date known.

Next Date of Hearing : 13-06-2022

Since 4 months, not a single listing was possible. Frankly, not asked/mentioned/represented appropriately by the advocate. Will wait out the Vacation period for High Court and then get the advocate changed to… myself. Hence filed the NOC obtained from previous advocate and my vakalat. (Expense: Rs.300/-)

Next Date of Hearing : 14-06-2022

I am the new Advocate for this Writ Petition.

Updated on eCourts Website…

‘

Updated on eCourts app…

Updated on AP High Court Case Status website…

Next Date of Hearing : 23-06-2022

I went and appeared before Court 1 today. Got a Court slip filled and ready. Gathered up courage (my first time facing a High Court judge, that too Chief Justice!) and stepped up to the mike. Cleared my throat and uttered few words.

• Union of India
• State of Andhra Pradesh
• Director General of Police
• Station House Officer, Disha Women Police Station, Ongole

On Next Date of Hearing : 26-07-2022

I went and appeared before Court 1 today. Got a Court slip filled and ready.

Since I was not in a habit of checking the listing of my cases (officially just two; for one, CJ doesn’t see urgency, for another, File not available at AP HC), I totally missed to appear before the Court in which this case got listed miraculously. Also since it was my 40th birthday, I had reached my home town in the morning of 5th August.

See the time at which I received the SMSs (I got them after the business of the Court ended)

[Note: Filed RTI application to AP HC, asking for the number of Writs for which Counter was NOT filed within 120 days. Interesting reply awaited!]

Here is the order passed. Not sure if Counter is filed by the Respondent No.1 (Union of India)

As usual the SMS Alert came at 4.15 PM