Kerala - Thiruvananthapuram   

Poor implementation of Dowry Prohibition Act

C. Maya

Thiruvananthapuram: The implementation of the Dowry Prohibition Act in the State remains as improbable as ever because of the inherent contradictions within the Act and also because of the reluctance of the Government to incorporate certain key amendments that had been proposed by women's rights organisations when the State Rules were being drafted.

Despite the prevalence of the Act, accepting and giving of dowry continues to be a common practice in all strata of society. Though the Government appointed Regional Dowry Prohibition Officers in 2004 to look into complaints about dowry demands and to take preventive action, the number of cases reported to the authorities are few.

In the past two years the number of dowry-related cases that have come to the Regional Dowry Prohibition Officer (South) is just 27. Most of these are cases that have been re-directed from the Family Court after the parties involved were divorced, to settle disputes about possessions. No fresh complaints about dowry demands have been received directly by the Officer here so far.

"There is little awareness among people of the Act or the official in charge of implementation. More than that, when the Act says that those giving and those accepting dowry can be penalised by up to five years in prison, who is going to complain? The suggestion that a clause putting a ceiling on marriage expenses be incorporated into the Act was not considered," says Aleyamma Vijayan of Sakhi, an NGO.

"Those giving dowry should be seen as the victim of the system and not a perpetrator of the crime. Not a single case has been charged under the Act so far because there is no complaint and hence no evidence also. The State Rules should be amended so that accepting or demanding dowry is seen as an offence against the State, upon which the police can take action," points out J. Sandhya, lawyer.

Dowry becomes a problem only when the marriage disintegrates and at the time usually there is no evidence to support the claim of the woman's family.

Most people do not know this rule, which could be a strong legal document. Organisations representing communities like the NSS or the SNDP should also create more awareness of this rule and insist on its practice, Ms. Sandhya says.

The three Regional Dowry Prohibition Officers who have been appointed to monitor and prevent the perpetration of the dowry system are hampered by various inadequacies. Each of these officials have to handle cases in at least four districts but have been provided no administrative staff or vehicle to help them discharge their duties. Full-time officers are needed in every district for the proper implementation of the Act. One suggestion is that the Protection Officers envisaged under the recently effected Protection of Women against Domestic Violence Act in every district could double as Dowry Officers also.

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