Law commission

Dowry needs a fresh look, consider SC suggestions to Law Commission

New Delhi: The Supreme Court observed on Monday that the persistence of social evil like dowry requires much broader consideration and asked the law commission to consider the suggestions in a plea.

Lawyer VK Biju argued before a panel headed by Judge DY Chandrachud that a similar matter was pending before another panel of the higher court, on which an opinion was issued on November 8, and added that the court may consider to issue an opinion on at least one of the prayers in the petition.

The bench, which also includes AS Bopanna, told Biju, representing petitioners Sabu Steephen and others, that the law commission can consider suggestions on strengthening the dowry ban law – to make it more effective – instead of the court issuing an opinion on the matter.

Biju pointed out that educated people give so much jewelry and gold to children, and daily betting children suffer. The bench said he agrees that the issue raised in the plea is important, which requires everyone’s awareness.

Justice Chandrachud added that the plea raised a very important grievance, but these are looming issues for the legislature to decide to give the law more teeth. He cited the SC/ST law, which has been amended several times to give it more teeth.

The bench noted that the petitioners pointed out that, on the one hand, Parliament intervened by enacting legislation in terms of criminal provisions such as sections 304B and 498A of the IPC and the Prohibition of dowry of 1961 and creating the National Commission for Women. , yet the persistence of social evil requires a fresh look on the part of the authorities concerned to give more teeth to the legislation.

The bench said: “We are of the opinion that it may be appropriate for the Law Commission of India to look at the matter from all its perspectives. The petitioner is free to submit a research note on all relevant aspects for the benefit of the law commission upon which further steps to examine the scope of law reforms may be duly considered”.

The high court heard a plea from two social activists and a lawyer practicing at the Supreme Court asking for some concrete guidelines to fight against the social scourge of the dowry.