RAJYA SABHA 01.08.2003

GOVERNMENT OF INDIA
MINISTRY OF   HUMAN RESOURCE DEVELOPMENT
RAJYA SABHA
UNSTARRED   QUESTION NO   1409
ANSWERED ON    01.08.2003
MISUSE OF DOWRY PROHIBITION ACT . 
1409 . SHRI MOTILAL VORA 

(a) whether Government are aware that the provisions of the Dowry Prohibition Act are being misused;

(b) if so, the steps taken/proposed to be taken by Government to stop it; and

(c) if not, the reasons therefor? 
ANSWER

MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT (SHRIMATI JASKAUR MEENA)

(a) There is no information about misuse of the Dowry Prohibition Act in the country with the Government of India.

(b)&(c) Does not arise.

RAJYA SABHA 16.03.2005

GOVERNMENT OF INDIA
MINISTRY OF   HOME AFFAIRS
RAJYA SABHA
UNSTARRED   QUESTION NO   1610
ANSWERED ON    16.03.2005
INCREASING NUMBER OF FALSE DOWRY CASES . 
1610 . SHRI R.S. GAVAI 

(a) whether it is a fact that number of false dowry cases is increasing in the country;

(b) if so, the details of dowry cases registered during the last three years;

(c) whether it is also a fact that husband and his family get relief only after long periods of harassment;

(d) whether Government propose to bring any provision by making some changes in the said Act for registration of actual cases of dowry harassment;

(e) if so, the details thereof; and

(f) if not, the reasons therefor? 
ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS

(SHRI MANIKRAO HODLYA GAVIT)

(a): As per statistics compiled by the National Crime Records Bureau, the number of cases of dowry death, which were declared false due to mistake of fact or of law during 2002 was 396 in comparison to 400 in 2001. The number of such cases further came down to 312 in 2003.

(b): The number of cases of dowry deaths reported during 2001-2003 are as under :

  Year  Number of cases

  2001   6851
  2002   6822
  2003   6208
(c): It depends on case to case.
(d) to (f):  There is no such proposal under consideration of the
 Government.  The direct responsibility for implementing the Dowry Prohibition
 Act, 1961, including registration and investigation of the cases of dowry
 related offences, is that of State Governments.

RAJYA SABHA 22.08.2005

GOVERNMENT OF INDIA
MINISTRY OF   HUMAN RESOURCE DEVELOPMENT
RAJYA SABHA
UNSTARRED   QUESTION NO   2698
ANSWERED ON    22.08.2005
AMENDMENTS TO DOWRY PROHIBITION ACT . 
2698 . SHRI ABU ASIM AZMI 

AMAR SINGH 
 

(a) whether Government are aware that section 498-A of the Indian Penal Code enacted to prevent harassment to women for dowry is being misused by women to harass their in-laws;

(b) if so, whether Government propose to amend the Dowry Prohibition Act so as to avoid its misuse;

(c) if so, the details thereof and by when, if not, the reasons therefor; and

(d) whether it is also a fact that complaints against the in-laws and their family members are registered in the police stations even after lapse of ten or more years of the marriage and if so, the reasons therefor? 
ANSWER

MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT (SHRIMATI KANTI SINGH)

(a) National Commission for Women (NCW) has informed that there is no statistical data available to prove that Section 498 A of the Indian Penal Code (IPC) is being misused by women to harass their in-laws.

(b)&(c) Does not arise.

(d) In terms of Section 498 A of the IPC, if a person being the husband or the relative of the husband of a woman subjects her to cruelty, he can be held guilty of offence under the said Section. Subjecting the woman to cruelty at any time during the marriage is culpable under this Section.

RAJYA SABHA 23.08.2006

GOVERNMENT OF INDIA
MINISTRY OF   HOME AFFAIRS
RAJYA SABHA
UNSTARRED   QUESTION NO   2805
ANSWERED ON    23.08.2006
HARASSMENT DUE TO DOWRY ALLEGATIONS . 
2805 . PROF. RAM DEO BHANDARY 

(a) whether it is a fact that many families in Delhi are suffering due to exaggerated allegations of harassment and dowry cases made by women against their husbands and other family members, involving them in criminal misappropriation and cruelty; and

(b) if so, what action Government have taken with regard to the Judgement of the Delhi High Court of 19th May, 2003, directing Government to review and make suitable amendments in the IPC? 
ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS

( SHRI S. REGUPATHY)

(a): In some cases women complainants make exaggerated allegations against harassment by in-laws. While handling such cases adequate precautions are taken by Delhi Police to avoid any undue harassment to innocent relatives. Delhi Police has set up a Crime Against Women Cell and similar Cells in all the nine Police Districts. The CAW Cells, on receipt of complaints, initially take steps for reconciliation of the aggrieved parties through counseling and to find out real facts of the matter. If the reconciliation efforts do not succeed, registration of a case under appropriate section of IPC is recommended to the concerned DCP.

(b): The judgment dated 19th May, 2003 passed by the High Court of Delhi in Criminal Revision No. 462/2002 does not contain any direction to amend IPC.

RAJYA SABHA 10.05.2007

GOVERNMENT OF INDIA
MINISTRY OF   OVERSEAS INDIAN AFFAIRS
RAJYA SABHA
UNSTARRED   QUESTION NO   3876
ANSWERED ON    10.05.2007
AMENDMENT IN ANTI DOWRY LAW . 
3876 . SHRI MAHENDRA SAHNI 

(j) whether it is a fact that Non-Resident Indians have made a demand to Government with regard to making an amendment in the Anti-Dowry Law; and (k) if so, the details thereof? 
ANSWER

THE MINISTER OF OVERSEAS INDIAN AFFAIRS

(SHRI VAYALAR RAVI)

(a)& (b): A couple of representations have been received against alleged misuse of Section 498- A of the Indian Penal Code and based on the comments of National Commission for Women and Crime Against Women Cell, Delhi Police, the Government is of the view that no dilution of the provisions relating to dowry is advisable considering the continuing violence against women and their subordination.

RAJYA SABHA 16.05.2007

GOVERNMENT OF INDIA
MINISTRY OF   HOME AFFAIRS
RAJYA SABHA
UNSTARRED   QUESTION NO   4501
ANSWERED ON    16.05.2007
MISUSE OF DOWRY PROHIBITION ACT . 
4501 . SHRI SURENDRA LATH 

(a) whether it is a fact that out of 58000 cases filed under the provision of the Dowry prohibition Act, 25000 were found fake;

(b) whether it is a fact that NRIs have complained to the Prime Minister and the President of India against the misuse of Section 498 A of the Prohibition Act by Police, if so, what are the details in this regard;

(c) whether it is also a fact that a website 498.org has been established to make a case against the provision; and

(d) the steps being contemplated by Government to make the law more balanced and objective? 
ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS

(SHRI MANIKRAO HODLYA GAVIT)

(a): As per statistics compiled by NCRB, during the period from 2003-05, out of the total of 9480 cases reported under the Dowry Prohibition Act,1961, 580 cases were found false/mistaken of fact/law.

(b): Section 498A is a section of the Indian Penal Code (IPC) relating to cruelty by husband or relatives of husband and not a section of the Dowry Prohibition Act, 1961. One of the complaints of alleged misuse of Section 498 A IPC received in the Ministry of Women and Child Development also contained `NRI`s Related Demands`

(c): The Government does not subscribe to or vouch for or attest the said website

(d): There is no proposal regarding amendment of Section 498 A IPC.

RAJYA SABHA 03.12.2007

GOVERNMENT OF INDIA
MINISTRY OF   WOMEN AND CHILD DEVELOPMENT
RAJYA SABHA
UNSTARRED   QUESTION NO   1474
ANSWERED ON    03.12.2007
AMENDMENTS TO DOWRY LAWS . 
1474 . SHRI BRIJ BHUSHAN TIWARI 

BHAGWATI SINGH 
 

(a) whether it is a fact that there are many complaints with regard to use of dowry laws for seeking revenge;

(b) whether it is also a fact that many innocent persons are punished as a result thereof, while culprits get scot free;

(c) if so, whether Government would consider to make amendments in the provisions of the dowry law, to prevent its misuse and for punishing the culprits; and

(d) if so, the details thereof? 
ANSWER

THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT

(SHRIMATI RENUKA CHOWDHURY)
(a) & (b) : As per the data compiled by the National Crime Records Bureau (NCRB), Ministry of Home Affairs, for the period 2004-2006, out of the 11300 cases registered under the Dowry Prohibition Act, 1961, 615 were declared false on account of mistake of fact or law.

(c) : Penal provisions already exist in the Dowry Prohibition Act, 1961 in respect of offences under the Act. Government has no proposal to amend the Act in order to prevent its alleged misuse.

(d) : Does not arise.

RAJYA SABHA 05.12.2007

GOVERNMENT OF INDIA
MINISTRY OF   HOME AFFAIRS
RAJYA SABHA
UNSTARRED   QUESTION NO   1696
ANSWERED ON    05.12.2007
PUNISHING PEOPLE FILING FALSE DOWRY RELATED CASES . 
1696 . SHRI LALIT KISHORE CHATURVEDI 

(a) whether it is a fact that there has been an increase in the dowry related cases during the last few years;

(b) if so, the details thereof during the last five years, State-wise;

(c) whether it is also a fact that a tendency of registering false FIRs is increasing to get the bride-groom party people trapped in these cases; and

(d) if so, whether some way out will be considered to punish the people making false complaints in this regard? 
ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS

(SHRI MANIKRAO H. GAVIT)

(a): As per the statistics compiled by the National Crime Records Bureau, a total of 6822, 6208, 7026, 6787 and 7618 cases were registered under Dowry Death during 2002-2006 respectively thereby showing a mixed trend. A total of 2816, 2684, 3592, 3204 and 4504 cases were registered under Dowry Prohibition Act during 2002-2006 respectively thereby also showing a mixed trend.

(b): State-wise details of cases registered under Dowry Deaths and Dowry Prohibition Act during 2002-2006 are enclosed at Annexure.

(c): No specific data is maintained about this. However, a total of 396, 312, 365, 312 and 297 false cases were registered during 2002-2006 respectively under Dowry Deaths and 322, 175, 167, 238 and 210 false cases were registered during 2002-2006 respectively under Dowry Prohibition Act.

(d): Under the Seventh Schedule to the Constitution, ‘Police’ and ‘Public Order’ are State subjects. Hence the primary responsibility of prevention, detection, registration, investigation and prosecution of crime, lies with the State Governments. However, the Ministry of Home Affairs has from time-to-time been issuing advisories to all the State Governments/ Union Territory Administrations, requesting them to give more focused attention on improving the administration of the criminal justice system.

RAJYA SABHA 21.04.2008

GOVERNMENT OF INDIA
MINISTRY OF   WOMEN AND CHILD DEVELOPMENT
RAJYA SABHA
UNSTARRED   QUESTION NO   2933
ANSWERED ON    21.04.2008
STIFFER ANTI DOWRY LAWS . 
2933 . SHRI KAMAL AKHTAR 

MAHENDRA MOHAN 
 

(a) whether Government intends to make anti dowry laws stiffer;

(b) if so, the details thereof and the recommendations of the National Commission for Women in this regard;

(c) whether it is a fact that courts have gone on record stating that the dowry laws are abused to a large extent; and

(d) if so, the safeguards being considered to prevent the abuse of dowry laws? 
ANSWER

THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI RENUKA CHOWDHURY)

(a)&(b) National Commission for Women has made some recommendations for the amendment of the Dowry Prohibition Act, 1961 and Section 304B IPC (dowry death). The main points of the recommendations are given in the attached statement (Annexure).

(c)&(d) The Ministry does not have any information on misuse of dowry laws to a large extent.

Statement referred to in reply to part (a) & (b) of Rajy Sabha Unstarred Question No. 2933 for 21.4.2008

The National Commission for women has made the following main recommendations:-

(i) The words ‘in connection with the marriage of said parties’ occurring in section 2 of the Dowry Prohibition Act, 1961 relating to the definition of dowry, may be deleted.

(ii) The penalty laid down in the said Act for giving dowry may be reduced to imprisonment of not less than one year and fine of not less than Rs.15,000/- unless the person can prove that he was compelled to give dowry.
(iii) Amend section 6 of the said Act (dowry to be for the benefit of the wife or her heirs) in order to provide that in the event of the death of any woman, whether due to natural causes or otherwise, whether within 7 years or after 7 years of her marriage, any property to which she is entitled under the section will be transferred to her children or to her parents if she has no children.

(iv) Amend section 4(!)(a) to provide for jurisdiction of courts.

(v) Empower the Service Provider or the Protection Officer functioning under the Protection of Women from Domestic Violence Act, 2005, under section 7 of the Dowry Prohibition Act, 1961, to lodge a complaint of commission of an offence.
(vi) The words ‘soon before her death’ occurring in sub-section (1) of section 304B IPC (Dowry death) may be replaced by the words ‘anytime before her death’ and any death occurring in the circumstances mentioned in the sub- section even after 7 years of marriage should be considered as dowry death. The minimum punishment laid down in the sub-section (2) of section 304B IPC should be raised from 7 years to 10 years and death may be prescribed as the maximum penalty alternate to the existing penalty of imprisonment for life.

RAJYA SABHA 03.12.2007

GOVERNMENT OF INDIA
MINISTRY OF   WOMEN AND CHILD DEVELOPMENT
RAJYA SABHA
UNSTARRED   QUESTION NO   1474
ANSWERED ON    03.12.2007
AMENDMENTS TO DOWRY LAWS . 
1474 . SHRI BRIJ BHUSHAN TIWARI 

BHAGWATI SINGH 
 

(a) whether it is a fact that there are many complaints with regard to use of dowry laws for seeking revenge;

(b) whether it is also a fact that many innocent persons are punished as a result thereof, while culprits get scot free;

(c) if so, whether Government would consider to make amendments in the provisions of the dowry law, to prevent its misuse and for punishing the culprits; and

(d) if so, the details thereof? 
ANSWER

THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT

(SHRIMATI RENUKA CHOWDHURY)
(a) & (b) : As per the data compiled by the National Crime Records Bureau (NCRB), Ministry of Home Affairs, for the period 2004-2006, out of the 11300 cases registered under the Dowry Prohibition Act, 1961, 615 were declared false on account of mistake of fact or law.

(c) : Penal provisions already exist in the Dowry Prohibition Act, 1961 in respect of offences under the Act. Government has no proposal to amend the Act in order to prevent its alleged misuse.

(d) : Does not arise.

RAJYA SABHA 10.03.2008

GOVERNMENT OF INDIA
MINISTRY OF   WOMEN AND CHILD DEVELOPMENT
RAJYA SABHA
UNSTARRED   QUESTION NO   1073
ANSWERED ON    10.03.2008
AMENDMENT OF ANTI DOWRY ACT . 
1073 . SHRI AMAR SINGH 

ABU ASIM AZMI 
 

(a) whether Government proposes to amend the Anti-dowry Act, so as to make it harsher;

(b) if so, the details thereof;

(c) whether Government is aware that the provisions of this Act are being blatantly abused, as per several judgment of the various courts in this regard; and

(d) if so, the reaction of Government thereto? 
ANSWER

THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT

(SHRIMATI RENUKA CHOWDHURY)

(a) The National Commission for Women (NCW) which is mandated by law, among other things, to review Constitutional and other legal provisions affecting women and to suggest amendment thereof, has recommended some amendments to the Dowry Prohibition Act, 1961 and section 304B IPC (Dowry death). The recommendations are presently under examination in the Ministry of Women and Child Development.

(b) The main points of the recommendations made by NCW are shown in the Annexure hereto.

(c) Government has no information that there is any large-scale misuse of the concerned laws. As per the data compiled by the National Crime Records Bureau, Ministry of Home Affairs for the years 2004 to 2006, the number of cases registered and the number of cases declared false on account of mistake of fact or law was 21431 & 974, 179568 & 19013 and 11300 & 615 under section 304B IPC (dowry death), section 498A IPC (cruelty by husband or relative of husband) and the Dowry Prohibition Act, 1961, respectively.

(d) It is for the investigating and prosecuting authorities in the States to deal with any false complaint relating to dowry.

Annexure

referred to in reply to part (b) of Rajya Sabha Unstarred Question No.1073 for 10.3.2008

The National Commission for Women has made the following main recommendations: -

(i) The words ‘in connection with the marriage of said parties’ occurring in section 2 of the Dowry Prohibition Act, 1961 relating to the definition of dowry, may be deleted.

(ii) A penalty of imprisonment of not less than 3 years and fine of not less than Rs.15,000/- may be introduced for the parents/relatives of the bride or bridegroom for non-maintenance of lists of presents under the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985.

(iii) The penalty laid down in the said Act for giving dowry may be reduced to imprisonment of not less than one year and fine of not less than Rs.15,000/- unless the person can prove that he was compelled to give dowry.

(iv) Amend section 6 of the said Act (dowry to be for the benefit of the wife or her heirs) in order to provide that in the event of the death of any woman, whether due to natural causes or otherwise, whether within 7 years or after 7 years of her marriage, any property to which she is entitled under the section will be transferred to her children or to her parents if she has no children; and not to her heirs.

(v) Empower the Service Provider or the Protection Officer functioning under the Protection of Women from Domestic Violence Act, 2005, under section 7 of the Dowry Prohibition Act, 1961, to lodge a complaint of commission of an offence.

(vi) The words ‘soon before her death’ occurring in sub-section (1) of section 304B IPC (Dowry death) may be replaced by the words ‘anytime before her death’ and any death occurring in the circumstances mentioned in the sub- section even after 7 years of marriage should be considered as dowry death. The minimum punishment laid down in sub-section (2) of section 304B IPC should be raised from 7 years to 10 years and death may be prescribed as the maximum penalty alternate to the existing penalty of imprisonment for life.

RAJYA SABHA 20.10.2008

GOVERNMENT OF INDIA
MINISTRY OF   WOMEN AND CHILD DEVELOPMENT
RAJYA SABHA
UNSTARRED   QUESTION NO   304
ANSWERED ON    20.10.2008
MISUSE OF ANTI DOWRY ACT . 
304 . SHRI AMAR SINGH 

ABU ASIM AZMI 
 

(a) what is the number of complaints received from women against the misuse of Anti-Dowry Act, during the last three years;

(b) whether it is a fact that lakhs of women have been falsely implicated under the Anti-Dowry Act, since enactment of the controversial legislation; if so, the details thereof; and

(c) whether Government has decided to review that legislation, so as to provide protection to innocent persons being blackmailed by the greedy families and if so, the details thereof and by when? 
ANSWER

THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT

(SHRIMATI RENUKA CHOWDHURY)

(a)&(b) The State/Union Territory-wise details of cases registered, cases declared false on account of mistake of fact or of law, number of persons arrested (males and females separately) and persons released or freed by Police or Megistrate before trial for want of evidence or any other reason under the Dowry Prohibition Act during 2005-2007 is annexed.

(c) No such decision has yet been taken.

LOK SABHA 28.08.2001

Dowry Prohibition Act and Domestic
Violence Act
440. SHRI SANAT KUMAR
MANDAL:
Will the Minister of WOMEN AND
CHILD DEVELOPMENT
efgyk vkSj cky fodkl ea=h
be pleased to state:
(a) whether the Government is aware
that the Dowry Prohibition Act, 1961 and
Protection of Women from Domestic
Violence Act, 2005 are being misused;
(b) if so, the details thereof; and
(c) the action taken by the Government
to protect the suffering families?

LOK SABHA 06.03.2007

GOVERNMENT OF INDIA
MINISTRY OF   HOME AFFAIRS
LOK SABHA
UNSTARRED   QUESTION NO   1012
ANSWERED ON    06.03.2007
AMENDMENT IN DOWRY ACT
1012 . Shri RAMDAS ATHAWALE
 REWATI RAMAN SINGH
 
ABU AYES MONDAL
 
 
  Will the Minister of HOME AFFAIRS be pleased to state:-
(a) whether the misuse of dowary Act is on increase in the country ;

(b) if so, whether NRIs have registered any complaints against the misuse of Section 498A of the Dowry Prevention Act ;

(c) if so, the total number of cases registered and total number of cases found fake ;

(d) the action taken by the Government in this regard;

(e) whether a website 498.org has also been established to make a case against the provision ;

(f) if so, the details thereof ;

(g) whether the Government has received proposals from various States/organisations regarding amendment in section 498A of IPC and to make it more effective;

(h) if so, the total number of suggestions/ recommendations received by the Government, till date, organisation-wise and State-wise; and

(i) the reaction of the Government on each suggestion/recommendation ? 
ANSWER

MINISTER OF THE STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI MANIKRAO H. GAVIT)

(a) to (c): The Government has no information that any misuse of the Dowry Prohibition Act, 1961 is on the increase. Section 498A is a section of the Indian Penal Code (IPC) and not the Dowry Prohibition Act. As per statistics compiled by the National Crime Records Bureau (NCRB), the number of cases registered under Section 498A of the IPC during the years 2003, 2004 & 2005 were 50703, 58121 and 58319 respectively.

(d) : `Police` and `Public Order` are State subjects under the seventh schedule to the Constitution of India, hence the primary responsibility of prevention, detection, registration, investigation and prosecution of crime lies with the State Governments. However, the Union Government has from time to time issued advisories to the State Governments to give more focused attention to improving administration of criminal justice system and take such measures as are necessary for the prevention of crimes against all vulnerable sections of the society.

(e) to (f): The Government has no information in this regard.

(g) to(i): The Government has been receiving representations from various quarters for amending Section 498A of the IPC. The Criminal Law (Amendment) Bill, 2003 had, inter alia, a proposal to make Section 498A of the IPC compoundable, but the same was dropped by the Government on the request of women`s organizations, to retain the effectiveness of this legal provision.

LOK SABHA 20.02.2009

GOVERNMENT OF INDIA
MINISTRY OF   WOMEN AND CHILD DEVELOPMENT
LOK SABHA
UNSTARRED   QUESTION NO   440
ANSWERED ON    20.02.2009
DOWRY PROHIBITION ACT AND DOMESTIC VIOLENCE ACT
440 . Shri SANAT KUMAR MANDAL
 
  Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:-
(a) whether the Government is aware that the Dowry Prohibition Act, 1961 and Protection of Women from Domestic Violence Act, 2005 are being misused;

(b) if so, the details thereof; and

(c) the action taken by the Government to protect the suffering families? 
ANSWER

THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI RENUKA CHOWDHURY)

(a)&(b) The Ministry of Women and Child Development has received representations alleging misuse of laws and legal provisions intended for protection of women.

(c) Adequate safeguards are already available under existing laws to deal with misuse, if any, of legal provisions of these Acts.

LOK SABHA 30.11.2007

GOVERNMENT OF INDIA
MINISTRY OF   WOMEN AND CHILD DEVELOPMENT
LOK SABHA
UNSTARRED   QUESTION NO   2030
ANSWERED ON    30.11.2007
ABUSE OF ANTI-DOWRY LAW
2030 . Shri DALPAT SINGH PARASTE
 
  Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:-
(a) whether the Government is aware of misuse of anti-dowry law; and

(b) if so, the action being taken in this regard? 
ANSWER

THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI RENUKA CHOWDHURY)

(a) As per the data compiled by the National Crime Records Bureau (NCRB), Ministry of Home Affairs, for the period 2004-2006, out of the 11300 cases registered under the Dowry Prohibition Act, 1961, 615 were declared false on account of mistake of fact or law.

(b) Law & Order is a State subject. Any false complaint relating to dowry is dealt with by the State Government investigating and prosecuting authorities.

LOK SABHA 16.11.2007

GOVERNMENT OF INDIA
MINISTRY OF   WOMEN AND CHILD DEVELOPMENT
LOK SABHA
UNSTARRED   QUESTION NO   193
ANSWERED ON    16.11.2007
FALSE IMPLICATION IN DOWRY DEATH CASES
193 . Shri RAGHUVIR SINGH KAUSHAL
 
  Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:-
(a) whether the Law Commission has suggested not to acquit the accused of dowry death on flimsy grounds;

(b) if so, the details thereof and the action taken thereon;

(c) whether the Government is aware of false or willful implications in dowry cases; and

(d) if so, the reaction of the Government alongwith the action taken thereon? 
ANSWER

MINISTER OF THE STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI RENUKA CHOWDHURY)

(a)&(b) Law Commission of India has submitted in October, 2007 its 202nd Report on “Proposal to amend Section 304-B of Indian Penal Code” in which recommendations have been made relating to dowry deaths. The Report is available on the website of Ministry of Law and Justice, Law Commission of India. Department of Legal Affairs has forwarded a copy of the Report to Ministry of Home Affairs for examination/implementation.

(c) The following data for the country has been furnished by National Crime Records Bureau, Ministry of Home Affairs for the period 2004-06:-

Under Section 304-B IPC (Dowry death)

No. of cases registered: 21431
No. of cases declared false on account of mistake of fact or law: 974

Under Section 498-A IPC (Cruelty by husband or relatives of husband)

No. of cases registered: 179568
No. of cases declared false on account of mistake of fact or law: 19013

Under Dowry Prohibition Act, 1961

No. of cases registered: 11300
No. of cases declared false on account of mistake of fact or law: 615

(d) It is for the investigating and prosecuting authorities in the States to deal with any false complaint relating to dowry.

LOK SABHA 21.08.2007

GOVERNMENT OF INDIA
MINISTRY OF   HOME AFFAIRS
LOK SABHA
UNSTARRED   QUESTION NO   1181
ANSWERED ON    21.08.2007
COMPLAINTS ON DOWRY BY NRIs
1181 . Kunwar REWATI RAMAN SINGH
 
  Will the Minister of HOME AFFAIRS be pleased to state:-
(a) whether Non-Resident Indians (NRIs) have complained against the misuse of Section 498A of the Dowry Prevention Act by Police;

(b) if so, the details in this regard;

(c) whether out of 58000 cases filed under the prevention of the Dowry Act, 25000 were found to be fake;

(d) whether a website 498.org has also been established to make a case against the provision; and

(e) the steps taken/proposed to be taken by the Government to make the law more balanced and objective? 
ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI MANIKRAO H. GAVIT)

(a) to (c): Section 498-A is a section of the Indian Penal Code (IPC) and not the Dowry Prohibition Act, 1961. As per statistics compiled by the National Crime Records Bureau (NCRB), the number of cases registered under Section 498-A of the IPC during the 2005 were 58319.

However, information in respect of complaints received from NRIs is not compiled separately.

(d): The Government has no information in this regard.

(e): The Government has been receiving representations from various quarters for amending Section 498-A of the IPC. The Criminal Law (Amendment) Bill, 2003 had, inter alia, a proposal to make Section 498-A of the IPC compoundable, but the same was dropped by the Government on the request of Women’s organizations, to retain the effectiveness of this legal provision.

LOK SABHA 20.11.2009

GOVERNMENT OF INDIA
MINISTRY OF   WOMEN AND CHILD DEVELOPMENT
LOK SABHA
UNSTARRED  QUESTION NO 382
ANSWERED ON    20.11.2009
MISUSE OF DOWRY PROHIBITION ACT, 1961
382 . Shri N CHELUVARAYA SWAMY SWAMYGOWDA
 
Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:-
(a) Whether the Government proposes to review the existing Dowry Prohibition Act, 1961 to protect the innocent people from misuse of the said Act; and

(b) if so, the details thereof? 
ANSWER

THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI KRISHNA TIRATH)

(a): Yes, Madam.

(b): The Government has received the recommendations of National Commission for Women for amendment of Dowry Prohibition Act, 1961 which are being examined.