O/o The Superintendent of Police XXXXXX
Subject: Request for information required under RTI Act 2005
Ref: My complaint dated 4-Oct-2009 sent through speed post no. ABCDEF1234IN (copy enclosed) for registration of case against Mrs. xxxxxxxxx and accomplices under section 3 of dowry prohibition act, 1961.
With reference to my complaint (copy enclosed as Annexure A) dated 4-Oct, Please provide me the following information under the provisions of RTI Act 2005:-
1. Action taken report by your department in compliance with my complaint.
2. What are the provisions invoked in the CAW Cell to prevent any manipulation of statements given by Bride & Groom since CAW Cell never gives receiving of the statements given to enquiry officer.
3. Whether the CAW Cell Ludhiana and all other related police officials who deal with marital disputes, crime against women and dowry related cases are aware that giving dowry is a cognizable offence under section 3 of dowry prohibition act, 1961 and there’s a penalty of imprisonment up to 5 years for giving dowry or abetting the giving of dowry.
4. Whether the CAW Cell Ludhiana and all other related police officials who deal with marital disputes and dowry related cases are aware of Rule 2 of the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985. If the answer is yes, then are they complying the provisions of the Dowry Prohibition Rules, 1985 while accepting complaints from women?
5. Whether CAW Cell is aware of the High Court Judgment in respect of CRL.M.C.7262/2006 dated 23-02-2007.(Attached as Annexure B), which states that
a) “Where these kinds of allegations are made, the police should simultaneously register a case under Dowry Prohibition Act (in short, the Act) against the parents of the complainant as well, who married their daughter despite demand of dowry. Section 3 of the Act prohibits giving and taking of dowry. If a woman of grown up age and well educated gets married to a person despite dowry demand, she and her family becomes accomplice in the crime under Dowry Prohibition Act.”
b) “Police should insist upon the compliance of the Rules under Dowry Prohibition Act and should not entertain any complaint, if the rules have not been complied with. Rule 2 of the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985.”
6. How many FIR’s have been filed against dowry takers since year 2001 till date, year wise.
7. How many FIR’s have been filed against dowry givers since year 2001 till date, year wise.
8. Supreme Court of India has also declared the misuse of 498A as legal terrorism, so whether CAW Cell /Concerned police station are considering the Income Tax Return of bride and her family who claims for huge expenses before accepting the complaints of women. As CAW cell is responsible for case recommendations on the preliminary stage for filing of FIR on the martial disputes, therefore what are the actions and measures available at the CAW cell to prevent the registration of such false complaint. Because false and fabricated complaints are increasing the burden on Police and Judiciary system.
9. Kindly provide details of the various provisions/actions taken by CAW Cell against the concerned Enquiry Officer or other staff involved if the list of Stridhan submitted by brides accepted due to failure /negligence of compliance of any Act/Judgments mentioned above.
The information sought by the undersigned falls within the ambit of RTI Act and the information is existing therein. It is further requested that the High Court Judgment WPC No. 3114/2007 dated 19-11-2007 (Annexure C) and decision of Central Information Commission under appeal no. CIC/WB/A/2007/00264 dated 02/03/2007 (Annexure D) and under appeal no. CIC/WB/A/2007/00336 dated 02/03/2007 (Annexure E) may please be considered before invoking the provisions of Section 8 of RTI Act 2005.
Provide information to each point separately. No clubbing of points even if information is repeated.
Your early reply will be appreciated.