A full bench of Apex Court held as follows and passed directions to take steps to implement specific sections of DP Act 1961:
From Para 2,
2. Possibly, a social revolution is needed to put an end to the menace. Refusal by the bride’s father to pay dowry, refusal of the girls to get married if dowry is insisted upon and the attaching of a social stigma to those who demand dowry, can alone ultimately put an end to this system or at least reduce its prevalence. Obviously, the enactment of a law prohibiting this evil should go a long way in tackling the menace.
From Para 4,
4. There was a further amendment to the Act by Act 43 of 1986 making the provisions more stringent and enhancing the punishment for taking or abetting the taking of dowry. In spite of all this, it was seen that the enforcement of the provisions of the Act was thoroughly unsatisfactory and this is reflected by the filing of this Writ Petition in this Court, in public interest.
From Para 8,
8. In the context of the developments that have taken place, it is submitted by the amicus curiae appointed by this Court that no serious effort has been made to implement the provisions of the Act and the Rules and unless directions are issued by this Court it is highly unlikely that the provisions of the Act and the Rules will be effectively implemented. It is, therefore, submitted that this Court may direct the Central Government and the State Governments to give wide publicity to the relevant provisions of the Dowry Prohibition Act, 1961 and Rules 2 and 3 of the Dowry Prohibition (Maintenance of Lists of presents to the Bride and Bridegroom) Rules, 1985 by appropriate means including educating the student community about the relevant provisions and the mandatory requirements of the Act and the Rules. It is further submitted that the State Governments may be directed to appoint sufficient number of Dowry Prohibition Officers with independent charge in each district of the concerned State, commensurate with the population of the District and to ensure that only dedicated and sincere officers are so appointed. It is submitted that directions may be issued to the Dowry Prohibition Officers to take immediate steps for strict enforcement and implementation of the provisions of Section 3, 4, 4A and 6 of the Dowry Prohibition Act, 1961 and Rules 2 and 3 of the Dowry Prohibition (Maintenance of Lists of presents to the Bride and Bridegroom) Rules, 1985.
From Para 10,
10. When there is failure on the part of the Executive to strictly implement a law like the one in question, enacted to tackle a social problem which has assumed menacing proportions, the Court has a duty to step in with a mandamus to direct its implementation rigorously and effectively. In that context, we find that it is necessary to step in and issue some more directions to the respondents in addition to incorporating the directions already issued by this Court by way of interim measure as part of this final judgment.
From Para 11,
11. Therefore, in addition to directing the respondents to implement all the interim directions which were issued in this case thus far, we further direct the Union of India and the States to take more effective steps to implement the provisions of the Dowry Prohibition Act, 1961 with particular reference to Sections 3 and 4 thereof and the various rules framed thereunder. In that process, they are also directed to activate the Dowry Prohibition Officers.
Closing comments:
In Re Enforcement And Implementation Of Dowry Prohibition Act, 1961 on 02 May 200512. The conscience of the society needs to be fully awakened to the evils of the dowry system so that the demand for dowry itself should lead to loss of face in the society for those who demand it. We have no doubt that our young and enlightened women would rise to the occasion to fight the evil which tends to make them articles of commerce. We also hope that our educated young males would refuse to be sold in the marriage market and come forward to choose their partners in life in a fair manner.
13. The establishment of a committed and sincere machinery to implement the Act and the Rules can hasten the eradication of the evil. The Union of India and the State Governments are directed to devise means to create honest, efficient and committed machinery for the purpose of implementation of the Dowry Prohibition Act, 1961 and the various Rules framed thereunder.
Citations : [2005 BOMCR 5 198], [2005 SUPREME 3 739], [2005 DLT SC 119 452], [2005 DMC SC 1 805], [2005 CRILJ 2598], [2005 CRLJ SC 2598], [2005 AIR SC 2375], [2005 JCR SC 3 170], [2005 JT SC 5 71], [2005 UJ SC 2 880], [2005 AIOL 241], [2005 SCC 4 565], [2005 SCALE 4 535], [2005 ALLMR SC 5 570], [2005 SCR 3 1020], [2005 BLJR 2 1285], [2005 SCC CRI 1163], [2005 CRI LJ 2598]
Other Sources :
https://indiankanoon.org/doc/899749/
https://www.casemine.com/judgement/in/5609ae12e4b0149711412dda
https://www.legitquest.com/case/in-re-enforcement-and-implementation-of-dowry-prohibition-act-1961/18C
