Kochi: The Kerala government recently informed the High Court that the State Law Reforms Commission has proposed a draft amendment to the Dowry Prohibition Act, 1961, recommending that the act of giving dowry be decriminalised.

The submission was made before a Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar VM while hearing a pending public interest litigation filed by a law graduate and public policy professional. The petition seeks directions to ensure accountability in handling complaints filed under Rule 5 of the Kerala Dowry Prohibition Rules, 2004, and the action taken on such complaints.

The government pleader told the court that the proposed legal change is intended to encourage victims to come forward and report instances of dowry-related harassment and abuse without fear of penal consequences.

It was further submitted that the draft amendment seeks to redefine dowry as property or valuable security that is taken or demanded by the bridegroom or his relatives from the bride or her family. The proposal also provides for imprisonment for those who demand or accept dowry.

At present, dowry is defined as any property or valuable security given or agreed to be given, either directly or indirectly, by one party to a marriage to the other, or by the parents or any other person, to either party to the marriage or any other person. The definition covers property or security given before, at the time of, or after the marriage, so long as it is connected with the marriage.

Recording the submissions, the High Court issued notice to the Union of India, directing it to clarify its position on the proposed amendment by filing an affidavit.

The court was also informed that the State government has already launched a dedicated Dowry Prohibition Portal to enable the public to lodge complaints.

The matter has been listed for further hearing on February 11.

(With Live Law inputs)