A petitioner has approached the Lahore High Court (LHC) for strict enforcement of the Dowry and Bridal Gifts (Restriction) Act 1976.
Petitioner Nadeem Sarwar advocate made respondents the federation of Pakistan, Punjab government through the chief secretary and others.
He implored the court that the number of unmarried women was increasing because of demands of dowry by the parents of grooms.
Those who did not belong to affluent families were facing agony as their daughters were not getting married owing to the non-implementation of the law, he added.
He said the law had been in field since 1976 but no concrete measure had been taken to enforce it.
The Act replacing the West Pakistan Dowry (Prohibition of Display) Act 1967 banned the display of dowry and presents. The earlier law did not place a restriction on the quantity or value of dowry and bridal gifts.
Section 3 of the Act places restriction on the value of dowry and bridal gifts at Rs5,000 and the expenditure on marriage ceremonies at Rs2,500. Furthermore, the law fixes maximum value of presents given to the bride and bridegroom at only Rs100. The law also makes it binding to furnish a list of dowry, bridal gifts and presents and the details of expenditure incurred on the ceremony. The penalty for violation of any provision of the Act is imprisonment of up to six months, fine of up to Rs10,000 or both.
The family courts are empowered to take cognisance of an offence under the Act after a written complaint authorisd by a deputy commissioner within nine months from the date of Nikah or Rukhsati.
The petitioner contended that under section 9 of the Act, the gifts and dowry given in violation of the law should be seized by the federal government and utilised for the marriage of poor girls. This clause had not been implemented, he added.
It was the duty of the government to take steps for enforcement of the law, he stated.
Section 4 of the Act also bars the president, prime minister, federal ministers, chief ministers, advisers, governors, and members of the national and provincial assemblies and the Senate from receiving more than Rs100 as a marriage gift, the petitioner argued.
He requested the court to issue directives to the chief secretary to make it mandatory to append a list of dowry articles with the Nikah Nama and confiscate the gifts of excessive value for their utilisation in the marriage of poor girls.
Published in The Express Tribune, October 11th, 2020.
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