Thiruvananthapuram: Kerala Administrative Reforms Commission has indicated that Kerala failed to materialize the Dowry Prohibition Act. Based on the reports of State Crime Records Bureau only 49 cases related to dowry have been registered between 2008 and 2017. But contrary to the facts, deaths of women in dowry related assaults are 233 in the same span of period.

The commission headed by former chief minister VS Achuthanandan has recommended in its third report that those who give dowry are to be treated as victims instead of criminals. The report also suggest for a study to find the feasibility of appointing dowry prohibition officers in all districts. Currently, three zonal officers handle the entire cases in the state. An advisory committee recommended in the law has not yet been appointed.

When givers of dowry are criminals

The commission observed that considering the givers of dowry as criminals has failed the act. In this regard, if the giver complaints, she or he will become criminals. According to the act, giving or receiving dowry is criminal case that could attract an imprisonment not less than 5 years and a sum Rs 15,000 as penalty or the value of dowry given, whichever is the highest value.

Less number of complainants

In this case, the number of complainants are less compared to the number of victims and the deaths. In 2013, three cases were registered but the number of deaths related to dowry were 32. In dowry related cases 25 deaths were reported in 2016, but the cases registered were 3. In 2017 cases were 8, but the number of deaths were 13. Even in the wake of rising number of dowry deaths, nobody is ready to complain. Some of the cases registered were transferred to the section by family courts while hearing divorce cases.

Contradictions in laws

The report indicates that the custom of dowry can’t be eliminated through the existing act, instead it has run its roots deep in the society. The report blames the contradictions in the act and loop holes in enacting it. The act demands a list of gifts received at marriage. But, it subdues the dowry as a gift.

Laws formed in 2004

To implement the act, laws were made and three zonal officers were appointed in Thiruvananthapuram, Ernakulam and Kozhikode. The officers are entitled to create awareness against dowry and to keep individual files for each case. However, the government has not provided specific facilities for the officers.

Three reports; no action

The state government has not taken action in any of the three reports submitted by the commission. First two reports recommended the modification of vigilance mechanism and increasing the efficiency of government staff. Dowry Prohibition Act was included in the third report, that was comprised of welfare of women, children, elderly and differently abled people.