The Supreme Court of India.
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New Delhi: The Supreme Court on Monday said the eradication of dowry is an urgent constitutional and social necessity, as it highlighted that existing laws suffered from both "ineffectiveness" and "misuse", and that the evil practice remained rampant.
A bench of Justices Sanjay Karol and N Kotiswar Singh directed the Centre and states to consider changes as are necessary to educational curricula across levels, reinforcing the constitutional position that parties to a marriage are equal to one another and one is not subservient to the other.
Holding that "concentrated effort" of all was needed to deal with the issue, the court passed several directions, including asking the high courts to ascertain the number of pending cases dealing with sections 304-B and 498-A of IPC -- from the earliest to the latest -- for expeditious disposal.
While Section 304-B of the erstwhile Indian Penal Code deals with dowry death, Section 498-A pertains to the offence of husband or his relatives subjecting a married woman to cruelty.
The bench allowed an appeal filed by the Uttar Pradesh government against the High Court's judgment, and restored the conviction of husband, Ajmal Beg and the mother-in-law Jamila Beg.
The court directed the husband to surrender within four weeks to serve the sentence of life term. The court, however, refrained from incarcerating Jamila as she was 94-year-old. They were held guilty of dowry death by setting the wife of Ajmal ablaze just over a year of the marriage in 2000 for failing to bring a coloured television, a motorcycle and Rs 15,000 in dowry.
The bench said this case represented that dowry is not a feature only amongst Hindus, but it can also be found in other communities professing different faiths and religions.
"While on the one hand, the law suffers from ineffectiveness and so, the malpractice of dowry remains rampant, on the other hand, the provisions of this Act (Dowry Prohibition Act) have also been used to ventilate ulterior motives along with Section 498-A, IPC," it said.
It further said, "This oscillation between ineffectiveness and misuse creates a judicial tension which needs urgent resolution".
The court pointed out, in this case, the accused were booked but there are many instances where it does not happen.
"Many, who openly seek and give dowry, go scot-free. It has been noted time and again, in various judicial pronouncements, that DPA (Dowry Prohibition Act), 1961 suffers from various difficulties in its implementation," it said.
In its judgment, the bench said it has to be ensured that the future generations are informed and made aware of the evil practice of dowry and the necessity to eschew it.
"As such, it is directed that states and even the Union government consider changes as are necessary to the educational curricula across levels, reinforcing the constitutional position that parties to a marriage are equal to one another and one is not subservient to the other as is sought to be established by giving and taking of money and or articles at the time of marriage," it said.
The bench said the law provides for the appointment of dowry prohibition officers in states.
It is to be ensured that these officers are duly deputed and given the necessary wherewithal to carry out the duties entrusted to them, the bench said.
It said the contact details of such officers should be disseminated adequately by local authorities, ensuring awareness among citizens.
The court said that police and judicial officers dealing with such cases should periodically be given training, equipping them to fully appreciate the social and psychological implications that are often at the forefront of these cases.
It said this would also ensure sensitivity of officials towards genuine cases versus those that are frivolous and abusive of the process of law.
"It is not lost on us that the instant case began in 2001 and could only be concluded 24 years later by way of this judgment. It is but obvious that there would be many such similar cases," it said.
"The high courts are requested to take stock of the situation, ascertain the number of cases pending dealing with section 304-B, 498-A from the earliest to the latest for expeditious disposal," the bench said.
The court asked the district administration, along with the district legal services authorities, to conduct workshops/awareness programmes at regular intervals by engaging and involving civil society groups and dedicated social activists to ensure change at the grassroots level.
It posted the matter after four weeks to ensure compliance.