Presents received by the bride or the bridegroom at the time of marriage are not treated as dowry under the Dowry Prohibition Act.
The Allahabad High Court recently highlighted the prevalent non-compliance with a rule under the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985, which requires couples to maintain a record of their wedding gifts [Ankit Singh and 3 Others v. State of UP and Another].
Justice Vikram D Chauhan noted that in cases involving dowry demand allegations, the parties were not including these lists with their petitions.
“It has not been brought to the notice of this Court that the aforesaid provision is in any manner being monitored or implemented by any responsible officer of the State Government. Section 3(2) of the Dowry Prohibition Act, 1961 is required to be implemented in its letter and spirit so that citizens are not subject matter of frivolous litigation,” the single-judge said.
The Court clarified that the law provides an exception stating that gifts given to the bride or bridegroom at the time of marriage are not considered dowry. However, for this exception to apply, it is crucial that these gifts are documented in a list to prevent false allegations by either party or their family members later. The Court also emphasized that the list of presents must be signed by both the bride and the bridegroom.
“The Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 have been framed in this respect by the Central Government in the Indian marriage system gifts and presents act as a token of celebration and honouring the important event. The legislature was aware of the Indian tradition and as such the above mentioned exception was carved out. The above mentioned list would also act as a measure to thrash out the allegations of dowry which are subsequently levelled in matrimonial dispute,” the Court said.
The Court noted that the law requires the appointment of dowry prohibition officers to ensure compliance and inquired whether the State had appointed these officers. If not, the State government must explain the delay, particularly in light of the rising number of dowry-related disputes, the order stated.
“The State Government shall also disclose the orders issued for implementation of the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985. The Dowry Prohibition Officers are enjoined with the duty to ensure compliance of the Dowry Prohibition Act and the Rules framed thereunder. The affidavit shall also disclose how many Dowry Prohibition Officers have been appointed throughout the State and at what level,” the Court ordered.
The Court also asked the State to confirm whether officers are collecting lists of presents from couples at the time of their marriage.
Additionally, the State was requested to provide details of any rules established under the Dowry Prohibition Act. The next hearing is scheduled for May 23.
