Costitutionality of dowry prohibition act,1961
jeevan madiwal
(Querist) 20 March 2012
This query is : Resolved
sir, i am student of final year i have a practical paper moot court.problem is given in that i am respondent.in this case writ was filed challenging the constitutional validity of dowry prohibition act,9161 on the ground of it gives scope for false allegation.
suggest how to defend
Sudhir Kumar, Advocate
(Expert) 20 March 2012
Please exert you brain on the issue of mens-rea, principles of natural justice,
Please see the objective clause of the act whether it has met them or the malady agianst which the law was is still there.
Raj Kumar Makkad
(Expert) 20 March 2012
There is no scope to discuss such moot court issues in this section of LCI.
Sudhir Kumar, Advocate
(Expert) 20 March 2012
if you are interested in supporting the statute then exert your brain on what constitution says on gender protection, dignity of life for all citizens. please also see the Directive principles of state policy on the issues, also search the net for any international commitment on the dignity of women with ref. to article 49.
Please see whether there are any more criminal statutes where means rea need not be proved.
Please see if malady against which this law was created can be guarded against by its total repeal.
Please search the judgment of Delhi HC forbidding arbitrary arrest in such cases and see whether law needs to be developed by judicial pronouncement, amendments like a li9ving organism or need to be killed altogether.
please also see the definition portion whether the law is really drafted to be unilaterally biased pro-women or it is cutting on both the edges.
Please also see whether such laws once repealed were later to be revived by a differently named legislation (like TADA repealed by POTA)
please also see if the solution at socio economic front has failed to justify to deprive the society of the legal provision also.
Also see if the malady of Dowry adds to the need for corruption and the obligation of state as a signatory of UNCDOAC, to create a socio-legal structure not conducive to corruption.
Guest
(Expert) 20 March 2012
Depends solely on your own mental conceptualisation about the constitutionality of the Act.
Kiran Kumar
(Expert) 20 March 2012
academic query, put it to forum instead :)
Shonee Kapoor
(Expert) 21 March 2012
:-) I would love to help due to personal interest in the issue.
Please get in touch with the undersigned
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 21 March 2012
Though my above post should not be construed to mean that I am going to spoonfeed you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
