The State Administrative Reforms Commission (ARC) has proposed to treat those giving dowry as victims than as perpetrators and exempt them from punishment to overcome the hurdles in implementing the Kerala Dowry Prohibition Act, 1961.
The commission’s third report on ‘Welfare to Rights’ submitted to the government says that a major problem in implementing the Kerala Dowry Prohibition Act, 1961, is the provision for punishing both the givers as well receivers of dowry on similar grounds.
Under pressure
Considering that in most cases dowry is given under pressure from those demanding it and also from various social norms, an empathetic approach should be adopted to those compelled to yield to such demands. “The giver should be treated as a victim rather than as perpetrator and the punishment for the giver should be removed or at least reduced,” the report says.
The commission that held extensive hearings across the State cites the practical hitches in implementing the Act and observes that despite attempts to lend more teeth to the law, social acceptance of dowry is conspicuously on the rise. As per the provisions, the person giving the dowry is expected to give a complaint. This is not feasible. “While the efforts of the government are to curb the menace of dowry, some actions of the State seem to passively accept the practice, if not encourage it. For instance, the clause that ‘gifts’ may be given during marriage, but not as dowry, is an acceptance of the practice, though under another name,” the report says.
The report also cites that the provisions such as maintenance of a list of gifts and that government employees are mandated to furnish an affidavit during marriage may become disadvantageous to women as these could be deemed as proof for not exchanging dowry contrary to what happens in reality. Being a social malaise, eradication of dowry is a tough challenge for which the commission proposes intensive awareness programmes with theinvolvement of community organisations and local self-government institutions and points out the initiatives taken up by the Pananchery and Nilambur grama panchayats.