CHENNAI: In order to ensure that the provisions of the Dowry Prohibition Act are not enforced arbitrarily and people are not arrested on frivolous grounds, the Madras high court has asked the competent officials to follow the provisions of law strictly.
The first bench comprising Chief Justice HL Gokhale and Justice D Murugesan passed the order on a public interest writ petition filed by R Natarajan on behalf of N S Malini recently.
The petitioner, lamenting that police resorted to instantaneous arrests in case of dowry-related complaints, said that the force committed procedural violations in bypassing the mandatory provisions of the Act. Once a dowry complaint is received, police must communicate it to the dowry prohibition officers. As per Rule 5 of the Tamil Nadu Dowry Prohibition Rules 2004, the dowry prohibition officers themselves can receive, register and investigate complaints.
While so, the practice of police officials receiving complaints and straightaway seeking to arrest the in-laws has been continuing in the state, the petitioner said.
When the matter was taken up, the court was informed that the government had completed appointment of dowry prohibition officers in all the districts in Tamil Nadu.
Recording the statement, the judges said the officers must conduct surprise checks and discreet inquiries before taking appropriate action. Noting that the officers must ensure full compliance of the provisions of the Act.
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