The Supreme Court on Monday said continuance of the social evil like dowry required legislative reforms and asked the Law Commission to consider the matter.
Appearing for petitioners Sabu Steephen and others, advocate V K Biju contended before a bench headed by Justice D Y Chandrachud that there should be a dowry prohibition officer at district level and 'no dowry certificate' should be required for marriage certificate.
He said a similar issue is pending before another bench of the top court, on which notice was issued on November 8. He said that the court may consider issuing notice at least on one of the prayers in the petition.
The counsel sought certain concrete directions in order to curb the social evil of dowry.
The bench, also comprising A S Bopanna told Biju, however, said, the reliefs sought pertained to the realm of legislative policy and there are restraints on the jurisdiction of this court under Article 32 of the Constitution to craft remedies which essentially require legislative reforms.
"At the same time, a dialogue on considering what measures would support the existing legislation on the subject can be initiated," the bench said.
"We are of the view that it may be appropriate if the Law Commission of India considers the issue in all its perspectives. The petitioners are at liberty to submit a note of research and on all relevant aspects for the benefit of the Law Commission," the bench added in its order.
During the hearing, Biju pointed out that educated people give so much jewellery and gold to the children, and the children of daily wagers are suffering.
The bench said it agreed that the issue raised in the plea was important and required sensitisation of everybody.
The bench said these are matters imminently for the legislature to decide. He cited the SC/ST Act, which was amended repeatedly to give it more teeth.
The petitioners highlighted that on one hand, Parliament has stepped in by enacting legislation in terms of penal provisions such as Wection 304B and 498A of IPC and Dowry Prohibition Act, 1961 and by the formation of the National Commission for Women, yet the persistence of the social evil requires a fresh look by the concerned authorities to bring more teeth to the legislation.
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