Adv.Prabhakar'ji,
ENTHUSIASM APART :
WITH PROPER APPLICATION OF REASONINGS : (sans enthusiasm critisim)
1. The Govt. affadavit, intends to change the very concept of "victim", which till now was conveniently hallucinated as "Victim = Women".
2. The Govt affadavit NOW says "VICTIM = WOMEN and/or MAN" .AND. "NOT" only female gender.
THIS CHANGES THE LAW.
3. AS IT IS, even earlier the other family "women" could always file D.V. complaints against family "womens" as well as "men's". There was no change in the hallucinated stand that other women cannot commit D.V., since DOMESTIC VIOLANCE was never intended only for the "WIFE", as hallucinated by legal professionals and enforcers.
4. THE FUNNY PART OF LAW
(as quoted by Adv.Prabhakar)
:
One judge says D.V.is applicable
.... "single judge of Delhi High Court saying yes"
Another judge says, D.V. is applicable
.... "Bombay. High Court also said yes"
NOT TO BE OUT-DONE, another Judge says, D.V.is not applicable
... "But A.P. High Court said no"
Again another over-enthusiastic judge says D.V.is not applicable
.... "Kerala High Court (Rema Devi Vs. State of Kerala) said yes"
Yet another Judge, who does not want to be left out, says D.V. is not applicable
.... "M.P. High Court said no (Ajay Kant Vs. Alka Sharma)"
- One advocate says to restrict enthusiasm and interpret as usual (as earlier)
- Another advocate says only females can seek recourse under the Act.
- Govt. Affadavit (Legislature) declares "right of Victim" and not "right of female" or "male"
- Govt. Affadavit describes " D.V. can’t be guided by the "GENDER" of the perpetrator"
(HERE, the perpetrator could be a Female or a Male or otherwise)
- Some Advocates, refuse to understand the "meaning & value" of Govt.Affadavits filed in Courts.
- One advocate, smartly but vestedly wishes the "chaos" to continue.
5. It is to restrict the Judiciary, into REPEATEDLY & WRONGLY interpreting the Act and its legislative intentions, that the Govt. has filed the affadavit, which has the consent of the Legislature.
6. UNDER power delegated by the Legislature, the Govt. has filed an affadavit. IF it is retracted, THEN the D.V.Act, is bound to be scrapped, as being "faulty" due non-credibility of the Law.
MY PERCEPTION, is that the Govt. deliberately filed such affadavit to dilute its own folly of creating or say legislating such D.V.Act.
7. Constitutional Perspectives (coerced by UN)
The D.V.Act, was passed by the Parliament with recourse to Article 253 of the Constitution. This provision confers on the Parliament the power to make laws in pursuance of international treaties, conventions, etc. The Domestic Violence Act was passed in furtherance of the recommendations of the United Nations Committee on the CEDAW. The Act encompasses all the provisions of the Specific Recommendations which form a part of General Recommendation no.19, 1992.
From the above, it seems that the Govt. was coerced to commit the folly of enacting the D.V.Act, due to UN pressure, AND now after looking at the chaos created in different HC's by over-"ENTUISIAM-womens and their over-smart Advocates, the Govt, files this affadavit to dilute the impact or say implications of the Act.
8. AND MORE OVER, the above is more evident from the fact that when there are existing provisions under the Indian Penal Code and the Code of Criminal Procedure, pertaining to such violences, the folly of enacting D.V.Act, was done under pressure from the UN.
9. MAKE a KICH-DEE out of the law and enjoy the legal proffession. IT is totally abritratory and idiotic to perceive that women do not perpertuate or propagate domestic violance. Look at Ramayan and Mahabharata, the women's characters were the ones who perpertuated, instigated and propagated violence.
PERSONALLY, I'm enjoying the legal chaos, NOT DUE TO INTERPRETORS OF "enthusiasm" BUT DUE TO EUPHORIA. of the legal chaos, caused by the perparators of the D.V.Act.
Keep Smiling .... Hemant Agarwal