Kerala High Court rules presents from parents for daughter's welfare not considered dowry

In a significant judgement, Kerala High Court has ruled that gifts given to the bride at the time of her marriage for her welfare will not count as dowry under the ambit of Dowry Prohibition Act, 1961. The ruling from Justice M.R. Anitha came while hearing of a husband who had challenged an order of a Dowry Prohibition Officer was going on. The wife had filed for a petition before the dowry nodal officer after the relationship with her husband went sour. The Court referred to the provisions of the Dowry Prohibition Act while passing the judgement.

The wife's family had deposited all her ornaments in a bank locker under the couple's name, the key to which was with the wife. The husband's presenter argued that the District Dowry Prohibition Officer does not have the jurisdiction to engage in the petition, since the allegation made by the wife was on the ornaments which have been given for her well-being have been kept in the bank locker and not yet returned.

The Court observed that the ornaments kept in the locker were given to the wife for her well-being and that such presents were provided by a family to the daughter at the time of her marriage, without any demand from the husband's family for the same, cannot be construed as dowry.

What is Kerala Dowry Prohibition (Amendment) 2021?

The Kerala Government recently amended the Dowry Prohibition Rules – Kerala Dowry Prohibition (Amendment) Rules 2021 – to have dowry prohibition officers appointed in districts as well as have the WCD director act as their chief. The action was taken in light of several cases of dowry deaths of young married women in the state. Three cases of women in their early deaths dying allegedly by suicide came out within a week in June. 

According to the new amended norms, dowry prohibition officers will be appointed in all 14 districts in the state. State Health Minister Veena George said the post of dowry prohibition officers had existed on a regional basis in 3 districts- Thiruvanthapuram, Emakula and Kozhikode and it has now been expanded to all districts. 

Veena George, back in July had said as part of the initiative, the Director of Women and Child Development has been appointed as the Chief Dowry Prohibition officer. "The appointment of the dowry prohibition officers is part of the government's efforts to crack down on dowry in view of increasing cases nowadays," George added.