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In a portentous judgment for Indian women who have suffered abuse without any hope for justice in the past, a Delhi court rules that the Domestic Violence Act can be applied retrospectively
A Delhi court has ruled that an abused woman can seek relief under India's nascent domestic violence law for atrocities perpetrated against her before the statute came into force. The judgment is being hailed by women's rights groups, but slammed by many in the legal profession who already have several issues with the law. "The present enactment is mere expression of remedies which have not been existing previously and are now made available," Metropolitan Magistrate Nirja Bhatia said while ruling that the Protection of Women from Domestic Violence Act 2005 was to be given retrospective effect. Deciding on a complaint that alleged violations committed prior to the law being enforced on October 26, 2006, Bhatia said the Act sought the enforcement of existing rights that are guaranteed to citizens under the Indian Constitution. Referring to the Protection of Women from Domestic Violence Act 2005, she said the statute was enacted while keeping in view rights guaranteed under Article 14 (right to equality), Article 15 (prohibition of discrimination) and Article 21 (right to life and liberty) of the Constitution. "Thus the object of the Act is to further guarantees provided in the Constitution against discrimination of women, especially within the domestic fold, by providing an answer through the civil law," Bhatia observed. Mentioning the objectives set out in the Act, the court said the statute was promulgated to protect women from being victims of domestic violence and to prevent such incidents. The court added that the Act was enacted because though instances of domestic violence were prevalent they were not being addressed except under Section 498 A (subjecting a woman to cruelty) of the IPC, which dealt with a specific kind of cruelty and was inadequate to tackle other issues. Several legal experts have expressed apprehensions over the domestic violence law saying that its many loopholes could be misused by women who are out to settle scores with their husbands and in-laws. They cite the fact that the number of domestic violence cases filed in the courts has gone up significantly since the law was enacted. "There is an urgent need to re-examine the law," said criminal lawyer Ramesh Gupta. "Often, women exploit it to file complaints against their husbands and teach them a 'lesson'." Accepting that the law's imperfections could lead to wrongful use, the Ministry of Women and Child Development has set up a panel to review the Act and identify the loopholes. The committee comprises eminent lawyers Indira Jaisingh, Priya Hingorani and Manali Singhal Bhandare. Though the panel has no male lawyer, the ministry has sought suggestions from men's organisations and individuals. The move is being seen as a response to the Supreme Court of India's criticism that the Protection of Women from Domestic Violence Act 2005 was "poorly drafted". "The Act appears to be the result of clumsy drafting, but we have to give it an interpretation that does not lead to chaos," the court said recently. Also under scrutiny will be the Dowry Prohibition Act 1961 and the Protection of Women Against Sexual Harassment at the Workplace Bill 2007. The latter, due to be introduced in the monsoon session of Parliament, has been sent to a panel comprising lawyers Bhandare, Hingorani and Baba Kapoor. "Women need these laws, but there is a general feeling that these are being misused," said Hingorani. Several men's organisations and NGOs are demanding certain provisions in all matrimonial laws. The Association for Protection of Men's Rights was recently formed in Chennai expressly for this purpose. Its members accuse some of the more vociferous women's rights groups of magnifying marital problems and abusing the provisions of the three laws. They say this often results in innocent men being put behind bars, complicating marital relationships and ruining careers. Women's rights organisations deny the allegations and say this is just another attempt by men to silence them and divert attention from genuine issues of gender bias. Source: The Hindu, August 6, 2007
www.ndtv.com, August 6, 2007
www.dnaindia.com, August 6, 2007
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