A PIL before Kerala High Court challenges the penal provision against giving dowry, calling it unfair to victims. The Court will examine enforcement of dowry laws and publication of complaint data.
Kochi: On July 31, the Kerala High Court, on Thursday, asked the state government to respond to a Public Interest Litigation (PIL) filed against a provision of the Dowry Prohibition Act, 1961. The PIL, filed by Tellmy Jolly—a law graduate and public policy expert—challenges Section 3 of the Act, but only to the extent that it criminalises the giving of dowry, not just the taking.
The petitioner argued that penalising the act of giving dowry is unfair, as most people who give dowry do so under pressure, fear, or social coercion.
This often includes women and their families who are victims of harassment. In the petition, Jolly stated,
“The Dowry Prohibition Act penalises the giver, who is a victim or a family member. This is disproportionate, unjust and defeats the purpose of the Act. Dowry is given under coercion, social pressure, or even threat. In such circumstances, penalising the giving of dowry disregards the unequal bargaining power between the parties and fails to take into account the socio-cultural realities in which these transactions occur.”
The PIL says that punishing those who give dowry, especially when they are victims, discourages them from reporting the crime. It creates fear of self-incrimination, which is against the spirit of the Indian Constitution.
As per the plea, this goes against Article 14 (right to equality before the law) and Article 15 (prohibition of discrimination) of the Constitution. The petitioner added,
“A party or a parent or relative cannot file a complaint in case of a dowry transaction taking place without incriminating themselves. Therefore, it is submitted that Section 3 ought to be read down to penalise only the taking of dowry, in line with the object and purpose of the Act, which is to protect and not punish victims of dowry harassment.”
When the matter came before the Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji, the state government’s lawyer raised doubts about whether the PIL was maintainable.
The government pleader argued that only people directly affected by such laws should be allowed to file such petitions. However, the Court said it would—for the time being—focus only on the third prayer made in the petition.
That part of the petition asks the state to publish regular data about dowry complaints and steps taken under Rule 5 of the Kerala Dowry Prohibition Rules, 2004.
In addition to questioning Section 3, the petitioner also highlighted that the Dowry Prohibition Rules, 1985 and the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 are not being enforced properly in Kerala.
The plea stated that the government has failed to spread awareness, put effective complaint redressal systems in place, or ensure proper record-keeping related to dowry cases.
The PIL pointed out that even though the Women and Child Development Department had designated Dowry Prohibition Officers (DPOs) in all 14 districts of Kerala back in 2021, there is no public data about how these officers have been functioning. The petitioner strongly criticised this lack of transparency.
Tellmy Jolly also referred to tragic real-life cases to show the urgent need for better law enforcement.
These included the widely reported death of Vismaya Nair in 2021, and the more recent cases of Athulya Sekhar and Vipanchika Maniyan in July 2025. In all these cases, the women allegedly died by suicide due to ongoing dowry-related abuse.
Because of all this, the petitioner has asked the Court to declare that punishing dowry givers is unconstitutional.
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She has also asked the Court to tell the government to properly implement the Dowry Prohibition Rules from 1985 and 2004, publish quarterly data about dowry complaints and actions taken, and conduct regular awareness campaigns and training for officials who deal with such cases.
Tellmy Jolly is being represented in the matter by senior advocate Kaleeswaram Raj, along with advocates Thulasi K Raj and Aparna Narayan Menon.
Case Title:
Tellmy Jolly v. Union of India & Ors.
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