Dowry Prohibition Act , 1961 : Re E & I of Vs. Union of India and Others.
EmailAppeal: Writ Petition (C) No. 499 of 1997 ,
Petitioner: Dowry Prohibition Act , 1961 : Re E & I of
Respondent: Union of India and Others.
Apeal: Writ Petition (C) No. 499 of 1997 ,
Judges: DR.A.S.ANAND & S.RAJENDRA BABU ,JJ.
Date of Judgment: Jun 04, 1998
Head Note:
DOWARY PROHIBITION
Dowry Prohibition Act, 1961
Sections 8-B , 9 , 10 – Non-filing of counter affidavits by various States and Union Territories – Counter filed by some of the States and Union of India not giving complete picture. The Court directed to file further details regarding steps taken for administration , creating awareness , appointment of Dowry Prohibi-tion Officers , cases instituted and setting up of Advisory Boards . Time granted to file counters .
JUDGEMENT:
O R D E R
1 . The following States and Union Territories have not filed the counter affidavits till date :
1 . Arunachal Pradesh
2 . Assam
3 . Bihar
4 . Himachal Pradesh
5 . Jammu & Kashmir
6 . Karnataka
7 . Kerala
8 . Maharashtra
9 . Meghalaya
10 . Orissa
11 . Punjab
12 . Tamil Nadu
13 . Tripura
14 . Andaman & Nicobar Islands
15 . Daman & Diu
16 . Delhi
17 . Pondicherry
2 . Learned counsel appearing for these States/Union Territories pray for and are granted four weeks to file the affidavits in response to the petition .
3 . The counter – affidavits filed by some of the other States including the Union of India do not give a complete picture . We , therefore , direct the Central Government to furnish the following details :
(a) Steps taken with respect to the administration of the Act under Section 9(2)(b) of the Act ; and
(b) Steps taken , if any , to create awareness regarding the provisions of the Dowry Prohibition Act , 1961 and the Dowry Prohibition ( Maintenance of Lists and Presents to the Bride and Bridegroom ) Rules , 1985 in the public .
4 . The information shall be furnished on an affidavit of a competent officer .
5 . The State Governments including those which have filed the counter-affidavits shall also furnish the following information :
(a) Steps , if any , taken to bring about awareness regarding the provisions of the Dowry Prohibition Act and the Dowry Prohibi-tion ( Maintenance of Lists and Presents to the Bride and Bride-groom ) Rules , 1985 to the public ;
(b) Whether rules have been framed under Section 10 of the Act ;
(c) The number of Dowry Prohibition Officers appointed for each district in the State under Section 8-B of the Act ;
(d) The number of cases instituted suo motu by the Dowry Prohibition Officers for violation of the provisions of the Act with details ;
(e) Statistics with regard to the cases registered under Sec-tions 3 ,4 and 6(2) of the Act ; and
(f) Whether Advisory Boards have been set up as required under Section 8-B along with details of the composition of the Board .
6 . The States which have already filed the counter-affidavits shall furnish the above information by way of an additional affidavit while the States which have yet to file the counter-affidavits shall include these details in the counter-affidavits to be filed by them .
7 . The case is adjourned by six weeks within which period the counter-affidavits and the additional affidavits shall be filed . Advance copies shall be furnished to the learned amicus curiae who will file a complete chart indicating compliance with the directions given hereinabove .
1 . The following States and Union Territories have not filed the counter affidavits till date :
1 . Arunachal Pradesh
2 . Assam
3 . Bihar
4 . Himachal Pradesh
5 . Jammu & Kashmir
6 . Karnataka
7 . Kerala
8 . Maharashtra
9 . Meghalaya
10 . Orissa
11 . Punjab
12 . Tamil Nadu
13 . Tripura
14 . Andaman & Nicobar Islands
15 . Daman & Diu
16 . Delhi
17 . Pondicherry
2 . Learned counsel appearing for these States/Union Territories pray for and are granted four weeks to file the affidavits in response to the petition .
3 . The counter – affidavits filed by some of the other States including the Union of India do not give a complete picture . We , therefore , direct the Central Government to furnish the following details :
(a) Steps taken with respect to the administration of the Act under Section 9(2)(b) of the Act ; and
(b) Steps taken , if any , to create awareness regarding the provisions of the Dowry Prohibition Act , 1961 and the Dowry Prohibition ( Maintenance of Lists and Presents to the Bride and Bridegroom ) Rules , 1985 in the public .
4 . The information shall be furnished on an affidavit of a competent officer .
5 . The State Governments including those which have filed the counter-affidavits shall also furnish the following information :
(a) Steps , if any , taken to bring about awareness regarding the provisions of the Dowry Prohibition Act and the Dowry Prohibi-tion ( Maintenance of Lists and Presents to the Bride and Bride-groom ) Rules , 1985 to the public ;
(b) Whether rules have been framed under Section 10 of the Act ;
(c) The number of Dowry Prohibition Officers appointed for each district in the State under Section 8-B of the Act ;
(d) The number of cases instituted suo motu by the Dowry Prohibition Officers for violation of the provisions of the Act with details ;
(e) Statistics with regard to the cases registered under Sec-tions 3 ,4 and 6(2) of the Act ; and
(f) Whether Advisory Boards have been set up as required under Section 8-B along with details of the composition of the Board .
6 . The States which have already filed the counter-affidavits shall furnish the above information by way of an additional affidavit while the States which have yet to file the counter-affidavits shall include these details in the counter-affidavits to be filed by them .
7 . The case is adjourned by six weeks within which period the counter-affidavits and the additional affidavits shall be filed . Advance copies shall be furnished to the learned amicus curiae who will file a complete chart indicating compliance with the directions given hereinabove .
