Kerala Govt May Consider Strict Amendments to Dowry Act: Why Is This Important?

The practice of giving and taking dowry continues unabated in Kerala – often, in the guise of 'gifts'.

As the practice of giving and taking dowry continues unabated – often, in the guise of 'gifts' – the Kerala government is likely to suggest stricter amendments to the Dowry Prohibition Act of 1961.

(Photo: Altered by Erum Gour/The Quint)

Vismaya, Uthara, Suchithra, Mofiya.

Even today, dowry continues to claim several victims in Kerala over each year. As the practice continues unabated – often, in the guise of 'gifts' – the Kerala government is likely to suggest stricter amendments to the Dowry Prohibition Act of 1961.

The proposal for these amendments was made by the Kerala Women's Commission in 2021, after Vismaya Nair, a 23-year-old Ayurveda medical student, died by suicide over dowry harassment at the hands of her husband and his family.

The proposal primarily sets an upper limit on the value of 'gifts' given to the bride by her parents – at Rs 1 lakh and 10 sovereigns of gold. It also suggests mandatory pre-marital counselling for the bride and the groom.

As we delve deeper into the proposal and its significance, The Quint attempts to address the following questions in this article: Why does the proposal place a limit on 'gifts'? Why does Kerala need stringent anti-dowry laws? Will the proposal help tackle the practice of dowry in the state, which is known for its 'progressive' tag?

What Has the Women's Commission Proposed?

Speaking to The Quint, Indira Raveendran, an advocate and member of the Kerala Women's Commission, said that the proposal suggests changes not only to Section 3 of the Dowry Prohibition Act, 1961, but also the state's rules governing marriage registration.

The proposed amendments to the Act include:

1. The value of gifts given to the bride by her parents must be below Rs 1 lakh and 10 sovereigns of gold. Other gift items should be valued under Rs 25,000.

2. Gifts given by relatives should also be valued under Rs 25,000.

3. The bride has the sole ownership of the gifts given to her.

Further, suggested changes to the marriage registration rules state that the bride and the groom must undergo counselling – at the panchayat, corporation, or municipal levels – and then obtain a certificate indicating the same. 

"Right now, the pre-marital counselling certificate is not mandatory. But with these new rules, a marriage will not be registered unless the certificate is enclosed within the marriage registration application," explained Raveendran.

In addition to this, a list of gifts received by the bride should be made in the presence of the couple and their respective families. The list should be signed by them, attested by a notary or a Class 1 officer, and submitted with the marriage registration application. 

The bride must also submit an affidavit in this regard to the Dowry Prohibition Officer appointed by the government.

"Amendments to the existing marriage registration rules are important because they help implement the Dowry Prohibition Act at the ground level. For example, take Vismaya's case. Her parents said they gave her 100 sovereigns of gold. If the other party is denying this, then how will we prove it in a court? If an affidavit already exists, then there is conclusive proof," she added.

But Is Dowry the Same as 'Gifts'?

Gifts given to a bride could be in the form of money, property, gold, or other items. In fact, some communities in Kerala don't outrightly offer dowry – instead, it is given in the form of 'gifts'.

"Gifts are like hidden dowry. At the moment, there is no limit on the amount of gifts a bride can receive. This way, families can bypass the concept of giving or taking dowry," Raveendran said.

Dowry, in other words, is given and taken in Kerala in some form or the other. According to an article by The News Minute, there is often a misconception that dowry is practised only in the southern districts of Kerala, like Thiruvananthapuram and Kollam. While families in southern Kerala explicitly give and take dowry, in the north, it is often exchanged in the form of 'gifts', researchers say.

A check on this practice of 'gifting' is, therefore, necessary through legal means, added Raveendran.

What Will Happen to This Proposal Now?

Once the government considers the amended rules proposed by the women's commission, a draft of the same would be sent to the law department for review – after taking into account the recommendations from the public and various government departments.

Following this, the state would also send the draft to the Centre for approval, as its sanction is needed to amend the Dowry Prohibition Act to include the suggestions of the women's commission, according to Onmanorama.

Why Does Kerala Need Strict Anti-Dowry Norms?

In June 2022, Chief Minister Pinarayi Vijayan said in the state Assembly that as many as 21,026 dowry harassment cases were registered in Kerala since 2016. Of these, convictions were made in just 251 cases.

He added that the state reported a spike in dowry-related harassment cases since 2021, and attributed the same to increased awareness among women, government campaign drives, and a helpline launched by police for women to register their complaints.

As for dowry deaths, at least 84 cases have been reported since 2016 (as of November 2022), as per data provided by the Kerala Police. Seven cases were reported in 2022 alone, with the number of cases involving cruelty by husband/his family being a whopping 4,656.

"The practise of dowry is followed in Kerala irrespective of caste, class, and religion," said Raveendran.

The amendments to the law, therefore, need to change perceptions about the concept of weddings itself, she added. "After these changes in law, anyone can report to the police if they see a bride wearing 100 sovereigns of gold."

The practice of having elaborate, exorbitant, fashionable weddings must also change, according to Raveendran.

"When someone sees that a bride is being given 100 sovereigns as 'gift', then they will also feel the pressure to do so. This competitive mindset need to be addressed through law," she said.