If an amendment suggested to the Dowry Prohibition Act is enacted, newly-weds in Kerala will land in trouble if they do not register the marriage and file affidavits that no dowry was received or given during the marriage.
The State government will shortly consider the suggestion to provide one-year jail term for failure to register the marriage and file the affidavit within one month of solemnisation of marriage.
List of presents
The suggestions came up at a recent workshop organised by the Women and Child Development department to consolidate the amendments to the Act. The parties to the marriage shall submit separate affidavits specifying the list of presents received before or after the marriage. All the presents listed and given shall be presumed to be given to the bride.
Live-in relationships
The definitions of marriage, bride and bridegroom shall be expanded to include the relationships in the nature of marriage. The suggestion has been made to bring in live-in relationships under the ambit of the Act, said a participant of the workshop.
In dowry-related cases, friends of aggrieved persons shall be allowed to prefer a complaint under the Act besides the aggrieved person, their parents, relatives or any recognised welfare institution. The place of trial or enquiry shall be the place where the complainant is residing, it was suggested.
Fine to be imposed
The fine, which shall be imposed on a person who fails to transfer back to the woman the property he received as dowry, shall be equal to the value of the dowry not returned. Currently, the Act has prescribed a fine of ₹10,000. Any form of act or word that directly or indirectly promotes, solicits, aids, approves, or encourages the practice of dowry will be punishable with imprisonment up to three years, it was proposed.
Out of legal heir list
Legal experts also suggested an amendment making every offence under the Act cognizable, non-bailable and non-compoundable. Currently, the offences under the Act are not cognizable ones. Another suggestion was to amend the Act to exclude husbands from the list of legal heirs in dowry-related cases. The suggestions that came up at the session will be vetted by experts and suitable ones will be taken up, said a senior functionary of the department.
