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N.K.Assumi (Advocate)     23 December 2009

Article 371-A vs DVA 2005

That Article 371-A says: Notwithstanding anything in the Constitution (a) No Acts of parliament in respect of (i) religious or social practices of ther Nagas, (ii) Naga Customary law and procedure: The protection of Women from Domestic Violence Act 2005 was enacted by the Parliament giving protection or over protection to Indian women, but in the face of Article 371-A, our Naga Women can not take protection as provided by the famous DVA 2005. Am I right?



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 1 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     17 January 2010

Mr. N.K.Assumi,

The DV act applicable for naga people also. As because the act extends to the whole of India except the State of Jammu and Kashmir, by virtue of sec 1 (2) of the act. It is a provision within the act. Therefore it is applicable at Nagaland also.

~ THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 # NO. 43 OF 2005 $ [13th September, 2005.] + An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:- @ CHAPTER I % PRELIMINARY ! CHAPTER I PRELIMINARY @ 1. % Short title, extent and commencement. ! 1. Short title, extent and commencement.-(1) This Act may be called the Protection of Women from Domestic Violence Act, 2005. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.


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