Police bypassing jurisdiction of dowry prohibition officers: Allahabad High Court

The Allahabad High Court recently directed the Uttar Pradesh government to examine the need to confer the powers of a police officer on dowry prohibition officers. [Ankit Singh and 3 Others v. State of UP and Another]..Justice Vikram D Chauhan questioned the outright exercise of investigating powers by the police in cases where allegations of dowry demands have been made.The Court remarked that the chargesheet is submitted by police in a mechanical manner just by recording the statement of the bride or their family members.“Once the mandate as to whether the parties to marriage is required to be prosecuted for an offence under the Dowry Prohibition Act is to be decided by the Dowry Prohibition Officer then how the police authority is bypassing the aforesaid special procedure and jurisdiction of Dowry Prohibition Officer and are submitting chargesheet against the groom and his family members,” the Court said..The Court noted that the power with regard to prosecution and collection of evidence is vested with dowry prohibition officers and that the State is also empowered to issue a notification to confer the powers of police officers on them.It also said that dowry prohibition officers are competent to issue preventive measures to spouses and their families so as to maintain harmonious relationships among them..In order to take away the jurisdiction of dowry prohibition officers, allegations under the Indian Penal Code are being added along with the offence under the Dowry Prohibition Act, the Court noted.The jurisdiction of the dowry prohibition officer cannot be taken away in this manner, Justice Chauhan opined..The Court recently had highlighted the non-compliance with a rule under the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 that requires couples to maintain a list of wedding presents they received.In a recent hearing on May 23, the Court was told that the State has now directed that a list of presents be submitted at the time of registration of marriage. The Court called it a welcome step and observed that it would be a milestone in eradicating the menace of dowry.“The aforesaid government order dated 17.5.2024 will also give assistance against false implication of the groom and his family members subsequent to the marriage on arising of matrimonial dispute,” the Court said.The Court was also told that the State has issued directions to various departments for compliance of a provision that requires employees to furnish a declaration on marriage that no dowry was taken..While taking note of the steps, the Court once again expressed concern over the non-implementation of the Dowry Prohibition Act and the Rules framed it. It said that the State was required to explain why the citizens were not being encouraged to submit the list.“It is surprising that despite the Dowry Prohibition Act, 1961 having been enacted in the year 1961 and more than 62 years have passed, the progress with regard to eradication of practice of dowry has been slow. The illegal practice of dowry is required to be addressed by government,” the judge said.Thus, the Court directed the Chief Dowry Prohibition Officer to disclose the various awareness campaigns undertaken against dowry in the past two years.“The government is reminded that a mass appealing program in respect of polio has already been successfully executed by government as such mass appealing by leaders of the society could definitely help in movement against dowry. A more effective approach is expected from the State government in this respect. The Civil Society is required to be engaged in the ante dowry campaign,” it observed.The matter will be next heard on July 16..Advocate DK Ojha and Vikas Kumar Ojha represented the petitioners..[Read Order]