IN RE: ENFORCEMENT AND IMPLEMENTATION OF DOWRY PROHIBITION ACT, 1961 versus -

Citation: [2005] 3 S.C.R. 1020 · Decided: 02-05-2005 · Supreme Court of India · Bench: R.C. LAHOTI · Disposal: Case Allowed

Judgment (excerpt)

A 
IN RE: ENFORCEMENT AND IMPLEMENTATION OF DOWRY 
B 
PROHIBITION ACT, 196 l 
MAY 2, 2005 
[R.C. LAHOTI, CJ., G.P. MA THUR AND 
P.K. BALASUBRAMANY AN, JJ.] 
Dowry Prohibition Act, 1961-Non-implementation of-Writ petition-
Supreme Court issuing interim directions for the effective implementation of 
C the Act and the Rules, however not effective-Hence, issuance of mandamus 
directing implementation of the Act and the Rules rigorously and effectively-
Directions issued in addition to interim directions to Union of India and 
States to implement sections 3, 4 and the other provisions and various Rules 
framed thereunder; activate Dowry Prohibition Officers; frame Rules under 
section 9(2)(b); to consider framing of Rules to seek information from males 
D seeking Government employment and those already in employment regarding 
taking of any dowry and transferring the same to the wife as contemplated 
under section 6; and stepping up of Anti Dowry Literacy among people-
Sections 3, 4, 9(2)(b) and 6-Judicial Activism. 
Despite the enactment of the Dowry Prohibition Act, 1961 and also 
E the amendments made to the Act, there was no effective enforcement and 
implementation of the provisions of the Dowry Prohibition Act, 1961. 
Hence the present writ petition was filed before this Court for issuance of 
mandamus directing Central Government and State Government to frame 
Rules under sections 9 and 10 of the Act respectively; appointment of 
F 
Dowry Prohibition Officers by State under section 8B and providing 
additional functions to be performed by them and furnish details regarding 
their working; and setting up of advisory Boards under section 8B and 
furnishing details regarding their composition and working. This Court 
issued various interim directions and· almost all the States framed Rules 
under the Act and appointed Dowry Prohibition Officers and set up 
G advisory Boards. 
H 
It was contended for the Union of India and the States that they do 
not want the evil of dowry to continue and they assured the Court that 
every step will be taken by the Governments for implementation of the 
1020 
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IN RE: ENFORCEMENT AND IMPLEMENTATION OF DOWRY PROHIBITION ACT 
} 02 J 
Act and the Rules and further steps will be devised for making the Act A 
more effective. 
Amicus curiae contended that there has been no effective 
implementation of the provisions of the Act and the Rules and the evil of 
dowry will continue unless directions are issued by this Court; that 
direction be passed to give wide publicity to the relevant provisions of the B 
Act and Rules; that the Dowry Prohibition Officers be appointed with 
,independent charge in each district of the concerned State for strict 
enforcement and implementation of the Act and Rules; that the Central 
Government be directed to issue Rules under section 9(2)(b) of the Act; 
that a legislation be brought for making registration of marriages C 
compulsory and furnishing the list of gifts as contemplated by the Act and 
the Rules; and that the information may be sought from those seeking 
Government employment and those already employed regarding taking 
of any dowry at the time of his marriage and transferring of the same to 
his wife or her heirs. 
Allowing the appeal and issuing directions, the Court 
HELD : 1.1. When there is failure on the part of the Executive to 
strictly implement the law enacted to tackle a social problem of dowry 
demand which has assumed menacing proportions, the Court has a duty 
D 
to step in with a mandamus to direct implementation of Dowry Prohibition E 
Act, 1961 rigorously and effectively. Therefore, it is necessary to step in 
and issue some more directions to the respondents in addition to 
incorporating the interim directions issued by this Court (1027-F-G) 
1.2. The Union of India and the State Governments are directed to 
take more effective steps to implement the provisions of the Dowry F 
Prohibition Act, 1961 with particular reference to sections 3 and 4 thereof 
and the various rules framed thereunder, and also activate the Dowry 
Prohibition Officers; to consider whether appropriate rules cannot be 
framed for compelling males, seeking govt. employment, to furnish 
information on whether they had taken dowry and if taken, whether the G 
same has been made over to the wife as contemplated by Section 6 of the 
Act, calling for such information also from those already in employment; 
and to take steps for the effective ste

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