In Re: Enforcement and Implementation Dowry Prohibition Act, 1961 v. .
2002-04-02
B.N.AGRAWAL, R.C.LAHOTI
body2002
DigiLaw.ai
JUDGMENT : 1. We have heard learned amicus curiae in the light of the written submissions filed by him, on the proposals and responses of the Government of India. 2. We have perused the affidavits filed on behalf of the State of Jammu and Kashmir, Sikkim, Nagaland, Mizoram, Arunachal Pradesh and Union Territory of Lakshdweep. We find that Dowry Prohibition Act is not applicable to the States of Jammu and Kashmir and Sikkim. In the Union Territory of Lakshadweep and States of Nagaland and Mizoram, the stand taken is that though the provisions of the Act are applicable but there is no custom of dowry prevalent in the Union Territory and States as aforesaid. The stand so taken is not disputed by the learned amicus curiae. The States of Jammu and Kashmir, Sikkim, Nagaland, Mizoram and Arunachal Pradesh and the Union Territory of Lakshadweep area, therefore, dropped from the proceedings. 3. On behalf of the Union of India it is stated that model rules have been framed and circulated in the areas where the Dowry Prohibition Act is applicable. We are inclined to have responses from each of the States and UTs where the Act is applicable as to (i) whether they have taken into consideration the model rules; (ii) whether they have adopted the same, and if not, then the reasons therefor. 4. As upto 11.00 A.M. there has been no appearance on behalf of the Central Government, further hearing in the matter is adjourned by six weeks. In the meantime responses by the State Governments and Union Territories may be filed.