A bench of judges in the Supreme Court said that there is a need to reform the law, but a change from within the society would be necessary in how we treat a woman, how much respect the society gives to that woman.
While hearing a public interest litigation related to dowry, the Supreme Court has said important things (indicative picture)
There has been a debate for a long time regarding the dowry to be given in marriage. Dowry is said to be a bad practice. Strict laws have also been made against this. But despite all this, dowry transactions in marriages have not been stopped. A Public Interest Litigation was filed in the Supreme Court to make the officials responsible for the purpose of curbing the evil practices like dowry.
The Supreme Court, while hearing this petition on Monday, said that dowry is a social evil and there is no doubt about it, but the change should come from within the society, how the woman joining the family is treated and people are treated towards her. How much respect do you show?
Why the matter was sent to the Law Commission?
The Supreme Court referred the petition on the issue to the Law Commission and said that any such remedy under Article 32 of the Constitution is beyond the jurisdiction of this Court, which essentially requires legislative reforms. This petition was filed on behalf of Sabu Sebastian and others.
Disposing of the PIL, a bench of Justices DY Chandrachud and AS Bopanna said, “Talks can be initiated on this subject to consider the measures to be taken under the existing law. Against this background, we believe that it would be appropriate if the Law Commission of India considers all its points of view on this issue. The petitioners are free to submit a note on research and all relevant aspects with a view to co-operating with the Law Commission.”
What is Article 32 of the Constitution?
Article 32 has been kept in Part 3 of the Indian Constitution along with the same Fundamental Rights, which are made available to the citizens of the country, right to equality, expression, life and personal liberty. If any one of these fundamental rights is violated, then under Article 32 itself, the Supreme Court has the right and powers to protect other fundamental rights of the public. Thus it is an important power and authority of the Supreme Court.
Reform in law is necessary but there should be change in society too
A bench of judges in the Supreme Court said that there is a need to reform the law, but a change from within the society would be necessary in how we treat a woman, how much respect the society gives to the woman who comes in our family. How does a woman’s social life change? It deals with the social core value of marriage as an institution. It is about a social change that reformers have written about and continue to do.
Court cannot nominate officers
The bench said that there is no doubt that dowry is a social evil, but like the Right to Information Act, this petition has prayed to nominate dowry-prohibition officers, but this court cannot do so. The Supreme Court said that the matters raised in the petition are under the notice of the legislature and only it can amend the existing laws.
Supreme Court advised
Justice Bopanna said nothing will emerge from the notice and the Law Commission can look into the suggestions and make appropriate recommendations to the government to strengthen the law. Justice Bopanna said, “We are telling you what is the better option. It is important to create awareness to sensitize people about these issues. You will be wasting time in the courts after the notice is issued.” He said that the support of the Law Commission will at least speed up the process of reforms.
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