Request filed with Kerala High Court for the legalization of providing dowry
The Kerala High Court has taken cognizance of a Public Interest Litigation (PIL) petition challenging Section 3 of the Dowry Prohibition Act, 1961, which penalizes giving or abetting dowry. The court has formally sought a response from the Kerala state government on the matter.
Filed by Tellmy Jolly, a law graduate and public policy professional, the PIL argues that Section 3 disproportionately and unconstitutionally penalizes victims who are often coerced by societal and cultural pressures to give dowry. The petition claims that penalizing the giver disregards the unequal bargaining power and socio-cultural context in which dowry transactions happen.
The petition also calls for better enforcement and transparency through existing Dowry Prohibition Rules regarding lists of presents and complaint accountability. It highlights Kerala's poor implementation of the 2004 rules, including the lack of awareness campaigns, complaint redressal mechanisms, and mandatory maintenance of records pertaining to dowry cases.
During the hearing, the government pleader questioned the maintainability of the PIL, suggesting only those directly affected should be allowed to challenge the provision. However, the court has, for the moment, limited its examination to the petition’s request to publish data on dowry complaints and proceedings under Kerala’s dowry prohibition rules.
The court will confine itself to examining the third prayer in the petition, which seeks for the publication of data on dowry complaints and actions taken under Rule 5 of the Kerala Dowry Prohibition Rules, 2004. The petition also seeks directions to the government to enforce the 1985 and 2004 Rules effectively and to publicize quarterly data on dowry complaints and actions taken.
It is important to note that the court has not yet ruled on the constitutionality of penalizing persons who give dowry. The current status is that the court is in the initial stages of considering the PIL, having asked the state government for a response, but no judgment has been delivered yet.
The petition refers to several recent incidents of dowry-related deaths and suicides, including those of Vismaya Nair in 2021, Athulya Sekhar, and Vipanchika Maniyan in July 2025. The petition suggests that Section 3 of the Dowry Prohibition Act should be read to penalize only the taking of dowry. It seeks a declaration that penalizing dowry givers is unconstitutional.
Sources: [1] The Hindu, "Kerala HC seeks state govt response on PIL challenging Dowry Prohibition Act", July 31, 2025. [Link] [2] The Indian Express, "PIL in Kerala HC challenges constitutionality of penalising dowry givers", July 31, 2025. [Link] [3] The New Indian Express, "Kerala HC to examine PIL challenging Section 3 of Dowry Prohibition Act", July 31, 2025. [Link] [4] Bar and Bench, "Kerala HC Takes Cognizance of PIL Challenging Section 3 of Dowry Prohibition Act", July 31, 2025. [Link]
- The ongoing PIL at the Kerala High Court, filed by Tellmy Jolly, a law graduate and public policy professional, is advocating for education-and-self-development and personal-growth-focused policies to counter societal and cultural pressures leading to dowry practices, as it argues for the reevaluation of Section 3 of the Dowry Prohibition Act.
- In addition, the petition calls for policy-and-legislation changes, including better enforcement and transparency in the implementation of existing Dowry Prohibition Rules, specifically in the state of Kerala, as it seeks directions to the government for effective enforcement of rules and the publication of general-news-worthy data on dowry complaints and actions taken.
