The Kerala government has informed the High Court that the State Law Reforms Commission has proposed a draft amendment to the Dowry Prohibition Act, 1961 that seeks to decriminalise the act of giving dowry while continuing to penalise those who demand or accept it. This significant legal proposal was presented before a Division Bench of the Kerala High Court led by Chief Justice Soumen Sen and Justice V M Syam Kumar during the hearing of a public interest litigation (PIL) challenging aspects of the current law.
Under the existing law, dowry is defined broadly to include any “property or valuable security” given or agreed to be given by either party to a marriage, or by relatives, before, at, or after the marriage. The proposed draft amendment seeks to narrow this definition so that it applies only to property or valuables “taken or demanded” by the groom or his relatives from the bride or her family, effectively removing criminal penalties for the act of giving dowry. The intent behind this shift is to encourage victims and families to report instances of dowry-related harassment without fear of self-incrimination or penal consequences.
The government’s counsel told the court that this reform represents a landmark legal change aimed at addressing long-standing concerns that penalising the giver — often the victim or a family member — discourages filing complaints, especially in cases involving abuse, harassment, or violence linked to dowry disputes.
In response to the submission, the High Court issued a notice to the Union of India, directing it to clarify its position on the proposed amendment by filing an affidavit. The court has scheduled the matter for further hearing on February 11, 2026. Additionally, the government noted that it has launched a Dowry Prohibition Portal to streamline lodging and tracking of complaints under the law.
