
Panel for dowry law tweak; relief for givers, stricter action on takers
The amendment, now being considered by the social justice department, can radically change how dowry crimes are prosecuted in the state.
The draft bill, titled The Dowry Prohibition (Kerala Amendment) Bill, 2025, accessed by TOI, comes in the wake of repeated cases of dowry-linked violence and deaths, where the existing legal framework often discourages survivors or their families from lodging complaints. As the law currently stands, both giving and receiving dowry are treated as criminal offences.
This has created a legal paradox of rendering victims or their families—who are often coerced into giving dowry—liable for prosecution if they speak out.
"The fear of criminal liability prevents brides or their families from coming forward," the bill observes in its explanatory note. "It is unrealistic to expect victims to voluntarily file complaints under a law that implicates them for giving dowry," it says.
The bill proposes a fundamental change to Section 2 of the existing Act by redefining dowry as property or valuable security taken or demanded by the bridegroom or his relatives—either directly or indirectly—from the bride or her family.
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This shifts the legal burden to those taking dowry. The commission argues that the step is critical to break the culture of silence that allows dowry abuse to thrive unchecked. It cites numerous instances of women being locked in rooms, starved, beaten or even driven to suicide over dowry demands.
The draft bill also proposes stronger deterrence by enhancing the punishment for those who demand or receive dowry. Under the proposed Section 3, offenders could face imprisonment of not less than three years, extendable to seven years, along with a fine of up to Rs 1 lakh or the full value of the dowry taken, whichever is higher.
Courts could also order that the recovered fine be paid as compensation to the victim or her legal heirs.
To ensure that genuine, non-demanded gifts remain protected, the amendment retains an exception for customary presents received by the bridegroom, provided these are properly recorded in accordance with the rules under the Act.
In a significant addition, it introduces a new Section 4A to penalise post-marriage cruelty related to dowry.
If a husband, with or without support from others, tortures his wife or refuses to maintain her due to non-payment of dowry, he could face imprisonment of up to two years and a fine of Rs 25,000. It also says the new section will operate in addition to any other laws currently in force.
The bill also proposes to extend the time limit within which dowry must be returned at the instance of courts from three months to one year, besides raising the fine for demanding dowry from Rs 10,000 to Rs 50,000. The govt is expected to hold stakeholder consultations before tabling the bill in the upcoming assembly session.
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