The Allahabad High Court made a recent observation highlighting the significance of gifts and presents within the Indian marriage tradition. According to their interpretation of Section 3(2) of the Dowry Prohibition Act, 1961, gifts exchanged during weddings as a gesture of celebration and respect are exempt from being categorized as dowry.

The court emphasized that while presents exchanged during weddings are exempted from being considered dowry under Section 3(2) of the Dowry Prohibition Act, 1961, they must still be documented in accordance with the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985.

The court highlighted that maintaining a list of presents exchanged during weddings serves as a crucial tool for addressing allegations of dowry in matrimonial disputes.

In a case brought under Section 482 CrPC, Justice Vikram D. Chauhan's bench addressed an application filed by a husband and his family members. The bench observed that despite allegations of dowry being raised by both parties in the marriage, neither the husband nor the wife nor their respective families had submitted lists of presents as required by Section 3(2) of the Dowry Prohibition Act and the Rules of 1985.

"It may be a case where no list is being prepared by the parties to the marriage," court opined. 

The bench also highlighted that there was no indication brought before the court regarding any oversight or implementation of the aforementioned provision by a responsible officer of the State Government.

"Section 3(2) of the Dowry Prohibition Act, 1961 is required to be implemented in its letter and spirit so that citizens are not subject matter of frivolous litigation," said the court. 

The court emphasized that according to the provision of law mentioned above, presents exchanged at the time of marriage without the solicitation of dowry must be documented in a list, which should be signed by both the bride and the groom.

Furthermore, the court highlighted that under Section 8B of the Dowry Prohibition Act, it is mandated to appoint Dowry Prohibition Officers to ensure compliance with the provisions of the Act.

Therefore, on the issue, the single judge bench ordered that "the Chief Secretary, U.P. or any other officer authorised by him shall file an affidavit as to whether in terms of Section 8B of the Act, Dowry Prohibition Officers have been appointed by the State Government or not".

The court ordered the State Government to disclose the orders issued for the implementation of the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985. Additionally, the court directed that the affidavit filed by the Chief Secretary should include information regarding the number of Dowry Prohibition Officers appointed to date, along with their respective designations.

The court added that the State Government must file an affidavit stating whether any rules for carrying out the purpose of the Dowry Prohibition Act have been enacted under Section 10 of the Act. The next hearing for further consideration of the matter is scheduled for May 25, 2024.