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The Kerala government informed the High Court that the State Law Reforms Commission has proposed amendments to dowry prohibition laws. The draft amendment to the Dowry Prohibition Act, 1961, aims to decriminalise the act of giving dowry and encourage victims to report dowry-related harassment.
The submissions were made before Chief Justice Soumen Sen and Justice Syam Kumar VM in a Public Interest Litigation filed by a young lawyer, seeking accountability in dowry harassment cases.
As of now, the Dowry Prohibition Act criminalises both giving and taking of dowry. The government pleader for Kerala submitted that the proposal to decriminalise the act of giving dowry is aimed at facilitating more families and victims of dowry abuse to file complaints without fear of imprisonment.
The pleader further stated that this will be a ‘landmark legal shift’.
In India, dowry is defined as any property or valuable security given or agreed to be given, directly or indirectly, by one party to the other, at or before or any time after the marriage. The only exception to this is mahr (dower) for Muslim persons under the Muslim Personal Law.
However, ‘gifts’ given to the bride or groom are allowed under the Dowry Prohibition (Maintenance of Lists of Presents) Rules, 1985.
Despite the strength of the law, Kerala continues to experience issues related to dowry harassment, including cases of women's deaths. As reported by the Kerala police, up until November 2025, 3,786 cases were registered for cruelty by husband or relative, and six dowry-related deaths were listed.
The High Court recorded the submissions of the pleader and issued a notice to the Union of India to clarify its stance on the issue by filing an affidavit.
The matter has been listed for further hearing on February 11.