Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 16 May 2010

D.V.Act Can Be Used By Men Against Women: Govt

This was reported in "Times of India, dated 16 May'2010, Mumbai edition, page 11".
(read article, as reproduced below)

D.V.Act Can Be Used By Men Against Women: Govt

Domestic violence act not gender-specific

New Delhi: The UPA government says the Domestic Violence Act enacted with a view to protect women can also be used to prosecute women.

Backing the recent decision of some courts in Delhi to invoke the civil law against women, a women and child development ministry’s affidavit in the Delhi high court says that “the main purpose of the act is to protect women from domestic violence but not solely protect them from males... right of the victim against domestic violence can’t be guided by the gender of the perpetrator.’’

The Centre’s stand came in response to a petition by a widow questioning the invocation of the act against women by a few courts in the capital. Varsha Kapoor through her lawyer Arvind Jain had urged the court to strike down a section in the act that allowed courts to sanction prosecution of women.

Justifying the stand of the government, the affidavit said, “The main purpose of society and lawmaker is to provide certain protection to women so that they can live with honour... the legislature never wanted to exempt women from prosecution... if any crime is committed by any woman in that case, she is liable to be prosecuted irrespective of the gender.’’

In her petition, Kapoor, who has been booked under the Domestic Violence Act on the complaint filed by her estranged daughter-in-law, has also challenged a lower court’s order against her.

“The DV Act is a benevolent piece of legislation aimed to provide effective protection of rights of women under the Constitution who are victims of violence of any kind within the family,’’ the petition argued, pointing out that such a law can’t be allowed to be misused against women. Saying the provision has generated a lot of confusion due to the conflicting verdicts of several high courts, Jain argued that the high court needs to clarify the law so that the same can be applied by lower courts in the capital. “The above stated conflicting, confusing, absurd and unconstitutional provisions have created such a mess and chaos that interests of justice/ends of justice are not available to the petitioner to rescue her basic dignity and honour,’’ the petition said. The high court will now consider the petition when it comes up for hearing later this month.

Reply Follow

22 Replies

N.K.Assumi (Advocate) 16 May 2010

Thank you Hemant, for the information.

Legal Fighter (Advocate) 16 May 2010

My interpretation to the said news is different as it says that the main purpose of the act is to provide certain protection to the women. So the correct interpretation of the affidavit is that the women are not exempted under the DV Act but it certainly doesn't mean that DV can be used by men against women. It says that DV act can be used by women against women. Till now it was interpretated by the courts that women can't be respondent in DV Act. Moreover the bombay HC has gone saying that when DV is filed by daughter-in-law, women can be respondents but when it is filed by mother-in-law, women can't be respondent. Though this interpretation is violative of Article 14 and 15 of constitution of india.

Kindly correct me if my interpretation is wrong.

Dalip Kumar Chhabra (Advocate) 16 May 2010

Certainly, the law does not differentiate the gender - it speaks only of the justice oriented approach in truely and correctly interpretting the statute. But it is seen that the statute is taken in the way, it is named -like Domestic violance Act- apprantely giving view to the people and law interpretters that it works only for the women and not against the women. Thanks for posting this view .

(Guest)

cant a MIL use it against her DIL?

Arup (UNEMPLOYED) 16 May 2010

mr. legal fighter,

you are absolutely right.

your's interpretion is perfect .

mr hemant thanks for the information.

F L SHAIKH (JOBLESS) 17 May 2010

can a husband file dv against wife

Victim_Kol (Middle Executive) 17 May 2010

The report doesnot say that it can be used by men too. Till date we knew that women cannot be prosecuted through DV act. But this report I think clarifies that it can be done.

So according to me it is an alarm for the women members of the family, that if a "Bahu" makes a complaint in their name under DV act, they will have to bear the pain too.

G. ARAVINTHAN (Legal Consultant / Solicitor) 18 May 2010

Any Mother in Law can use against her Daughter in Law provided both must be in same dwelling house

Arun Kumar (Professional) 18 May 2010

The next hearing in this case is today 18th May 2010. Any updates on this. if any please post imm.

Victim_Kol (Middle Executive) 18 May 2010

Originally posted by :Aravinthan S/o Ganesan
"	Any Mother in Law can use against her Daughter in Law provided both must be in same dwelling house	"

But in Indian courts how much will it be effective to do so ? Because we do have a common beleive that "Its only the Daughter-in-laws" who are the victims.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 19 May 2010

1. The clarifications by the Central Govt., is filed on the directions of the Delhi HC.

2. Clarifications is filed via a Govt. Affadavit, NOW WHICH CANNOT BE RETRACTED BACK, else it will be Contempt of Court.

3. If the Govt. Affadavit, is retracted, then the govt. loses credibility and IN ALL PROABILITY, ON A APPROPRIATE PETITION, THE d.v.act CAN BE TOTALLY REPEALED.OR SCRAPPED.

BY the above logic, the Govt. Affadavit CANNOT be retracted.

4. THIS IS WHAT THE Govt. Affadavits state :

"... right of the victim against domestic violence can’t be guided by the gender of the perpetrator ..."

5. With propoper application of mind, one can conclude that "the victim" is not dependant on the "gender" (i.e. male or female). Here the victim can even me a "male" and not necessarily a Husband, BUT it could also be a Son, Daughter, Father-in-Law or for that matter anybody.

6. IT could be improper to hallucinate that "INDIAN WOMEN BEING SATI-SAVITRI's" cannot commit crimes. ON the contrary, history is evident that Crime factor gets propogated by females, when in comparision to Male ratios. (Contradictions and agruments invited, with proper supporting references)

7. In law, there is no place for "Emotions and Sentiments". All the relations-names etc.... can take a back-seat, for philosphical purposes

CONCLUSIVELY :
A male can make a complaint against a Women (who-so-ever) or what-so-ever relation-name be given to a female.

Keep Smiling .... Hemant Agarwal

Arun Kumar (Professional) 19 May 2010

Seeing the above post

CONCLUSIVELY :
A male can make a complaint against a Women (who-so-ever) or what-so-ever relation-name be given to a female.

Whether the govt has to pass a bill and an amendment act has to be published ?

If it's so what is the time frame, now the male has to wait for the final decision for filling a DV against woman.

Dalip Kumar Chhabra (Advocate) 19 May 2010

Dear Arun, Let me clear for all like u that my comments never suggested that it can be filed by a man against women. But now it is otherwise well settled by various judgments of various High courts that proceedings under this DV Act now even can proceed aginst female members of husband - taking meaningful view of the word - "relatives" as mentioned in this Act. But it is well recognised that not under the DV Act but under other provisions of criminal law ( IPC) - according to the facts and circumstances of each case- the female and her other family members (parental family) can be booked for the same- like offences of extortion-raising intimidatory threats-mischief-theft- and even contempt can be initiated , if the facts clearly indicate that DV act case is filed on altogether false and vexacious facts, supressions of material facts, documents or misrepresentation is primafacie in light. keep smiling.