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| HC directs state to frame rules | | Dowry Restraint Act | | Early Times Report
Jammu, Mar 19 : A division bench of the High Court comprising Justice Virender Singh and Justice Muzaffar Hussain today directed the state to frame rules for Dowry Restraint Act 1960 within four months . The order was passed in a public interest petition (PIL) filed by Advocate Meherban Singh. This direction has passed in larger interest of the Public in which earlier direction of the Court, the State Govt filed a detailed response through Additional Secretary to Home Dept Mohd Iqbal Mir, a chart supplied by Staff Officer to IG Crime Head Quarters J&K
with reply reflecting the figure of registration of cases under Dowry Restrained Act 1960 of last five years from 2007 ending January, 2012, only 11 cases has been registered and the challan has been filed in three cases only.
The explanation rendered is that the parties to the marriage entered into dowry related deals in a hush-hush manner are reluctant to come forward and get the cases registered or even file complaints against parties demanding or giving dowry, the complaints are rarely filed before the police at the time of marriage and after the bride are torture by their husband or in-laws forcing them to bring more dowry leading to some of the women to end their lives by committing suicide. The police take cognizance of the offence in accordance with the law. As regards framing of rules of the Act for carrying out the purpose of the Act, it is submitted in the reply filed by the State that no doubt the rules have not been framed till date by the State Govt, but an exercise has been undertaken to frame the rules which is presently under process and expected to be complete within four months to make implementation of the Dowry Restrained Act 1960 more effective. In view of the reply submitted by the State, Advocate SS Lehar appearing for the PIL very fairly stated that the main purpose for filling the present PIL was to get to the rules framed by the State, so as to enforced the provisions of the dowry restrained act effectively. Lehar further stated that nothing survive in the present PIL to prosecute it any further. This Landmark judgment written by the Justice Virender Singh for the Division Bench observed that in view of the concern shown by the State in implementing the dowry restrained act 1960 effectively in its letter and spirit by framing the relevant rules, may at a belated stage, that too after the Court took serious note of it, the instant Public Interest Litigation shall disposed of with a direction to the State to complete this exercise within four months positively. JNF |
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