Section 10 of Dowry Prohibition Act (As Per the Indian Legislature or Parliament)
10. Power of the State Government to make rules.—
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the additional functions to be performed by the Dowry Prohibition Officers under sub-section (2) of section 8B;
(b) limitations and conditions subject to which a Dowry Prohibition Officer may exercise his functions under sub-section (3) of section 8B.
(3) Every rule made by the State Government under this section shall be laid as soon as may be after it is made before the State Legislature.
Section 10 of Dowry Prohibition Act in Detail
Section 10 serves as a pivotal provision within the Dowry Prohibition Act, which was enacted in 1961 to eradicate (end) the deep-rooted practice of dowry and prevent social issues associated with dowry. This section 10 of Dowry Prohibition Act empowers state governments to create rules in order to effectively execute the provisions outlined in the Act.
Section 10 of Dowry Prohibition Act grants significant powers to state governments in India to make rules for effective implementation and enforcement of the Act.
Power of State Governments
Rule-Making Authority: Section 10 of Dowry Prohibition Act grants state governments the authority to establish rules related to various aspects of the Dowry Prohibition Act. This includes matters such as the form and manner of maintaining registers, the procedure for conducting inquiries, the qualifications and appointment of Dowry Prohibition Officers, the functions and duties of these officers, and the maintenance of records.
Ensuring Compliance: Through the formulation of rules, state governments play a crucial role in ensuring compliance with the Dowry Prohibition Act. These rules provide detailed guidelines and procedures for the effective implementation of the Act at the state level, facilitating the prevention, detection, and prosecution of dowry-related offenses.
Implications and Significance
Customization: Section 10 of Dowry Prohibition Act enables state governments to tailor rules that address the specific needs and challenges prevalent in their respective regions. This allows for a more nuanced approach towards tackling the issue of dowry, considering the socio-cultural diversity within the country.
Strengthening Implementation: By providing state governments with rule-making powers, Section 10 of Dowry Prohibition Act enhances the overall enforcement of the Dowry Prohibition Act. It empowers them to establish administrative mechanisms, procedures, and guidelines that align with the objectives of the Act, thereby bolstering its effectiveness on a state level.
Consistency and Uniformity: While state governments have the authority to create rules, these rules must align with the core principles and provisions of the Dowry Prohibition Act. This ensures a level of consistency and uniformity in the implementation of the Act across different states, enabling a coordinated effort in combating dowry-related offenses.
Section 10 of the Dowry Prohibition Act grants state governments the power to establish rules crucial for the effective implementation of the Act. By exercising this authority, state governments can customize the enforcement mechanisms, procedures, and guidelines to address the challenges specific to their regions. The rule-making process enhances the overall implementation of the Act, strengthening the fight against dowry and contributing to the creation of a more equitable and just society.
Section 10 of Dowry Prohibition Act Judgments / Rulings
IN THE SUPREME COURT OF INDIA :