The Supreme Court on Monday asked the Law Commission of India to consider the challenge posed by the social evil of dowry while hearing a petition demanding the appointment of a dowry prohibition officer.
The bench of Justice D.Y. Chandrachud and Justice A.S. Bopanna noted that the demand made in the petition comes within the jurisdiction of the legislature and, therefore, the judiciary cannot interfere in the matter.
The bench disposed of the plea granting liberty to the petitioners to submit a research note on relevant aspects which will benefit the Law Commission to consider the scope for legislative reforms.
Justice Chandrachud expressed his concern over the social evil of dowry noted that the existing laws of dowry death and domestic violence need to be reconsidered. For this, the Commission has been asked to take measures to make the existing laws on this issue better and stricter.
While looking at the reliefs sought in the petition Justice Chadrachud told Advocate V.K. Biju, the counsel appearing on behalf of the petitioner, dowry is a social evil, there is no doubt in that but the court cannot designate a dowry prohibition officer which is similar to an RTI officer.
Further regarding the second relief sought in the petition, Justice Chandrachud said the jewellery and the other properties/belongings given to the bride on marriage shall remain in her name for a minimum period of 7 years. While third prayers seeks to constitution of a curriculum commission for a proper pre-marriage course, involving educationists, psychologists, legal experts, and sexologists, so that individuals undergo marriage counselling prior to marriage, the judge said there are communities who already follow the said system of marriage counselling.
Biju emphasized there is a similar issue is pending before the Supreme Court, before another bench where a notice was issued on November 8, so the bench may consider issuing notice to the extent of the third prayer at least.
The counsel submitted further that how he was disturbed due to one incident in Kerala where a police officer was suspended for not taking any action in a dowry case related to a doctor. What baffled him was the situation of the educated in dowry cases, so he urged the bench to imagine how bad the situation might be for the poor where a lot of gold jewellery is demanded, making the lives of daily wage workers and the children of the poor worst sufferers.
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Justice A. S. Bopanna, while agreeing to the arguments extended by Biju, said they agree that it is an important issue, and it is also important that everybody is sensitized towards the issue but you will be wasting time in the court once the notice is issued.
Justice Chandrachud added that the bench can only set a motion, or the initiation of the legislature reforms for the very substantial grievances raised herein, which is ultimately for the legislature to look into.
The petitioner in the present petition hails from Kerala, and submitted that the situation in Kerala is very bad. There is a great demand for giving gold as dowry. The police have also been suspended for not taking action in dowry cases. There is a need to intervene in such matters.