The PWDVA has become a dreaded act. People are afraid to get their sons married as they know that even if one complaint is filed under this act they will have to spend rest of their lives defending themselves in the court.
There is absence of any guideline that can help determine the amount of maintenance that the estranged spouse can claim under the PWDVA act. This leads to exorbitant claims and protracted litigation.
Therefore a standardized tabulation can help the applicant, respondent and the judiciary.
Members of NGO 'Save Indian Family Foundation' are fighting for the rights of the husbands and their families. The will be staging a dharna August 28, between 2pm to 4pm at Azad Maidan against the misuse of Domestic Violence Act (PWDVA 2005).
Following is the list of charter of demands for which they seek amendments to the PWDVA.
Charter of Demands:
* The PWDV Act must be abolished with immediate effect or alternatively
* That, the PWDV Act must be amended to be gender-neutral and also provide grounds so that aggrieved men facing violence can also seek protection
* That, the scope of the PWDV Act must be extended beyond the young married women and cover larger segment of aggrieved victims from the society irrespective of their ages & genders.
* That a comprehensive clause be introduced in the PWDV Act to protect the rights of respondents, who could be innocent and being framed for malicious reasons. Such innocent respondents must be compensated if a claim put against them is proved as false and any interim maintenance paid to the applicant in the case must be refunded along with penal interest rate of 12% P.A.
* That, as of now, the PWDV act and the IPC 494, IPC 497 adopts conflicting stand-points on the issue of live-in-relation and hence we seek that either the terms variously describing "live-in relationship" be struck out and removed from the PWDV Act OR the IPC 494 and IPC 497 be declared un-constitutional and any pending cases under those sections be dismissed forthwith.
* That, the trial under the PWDV Act must be made in compliance with the Indian Evidence Act instead of the Criminal Procedure Code, as it is currently implemented.
* That the relief provided to the applicant vide the PWDV act must not rely only upon the statements reported by the Protection Officer in the PO Report., Instead, a conclusive determination must be made only after the judicial due diligence by means such as trial is carried out and conducted in fair manner after both parties have had their say and concluded presenting evidences as necessary.
* That the magistrates be empowered to order perjury and contempt proceedings against the applicant who in attempt to seek relief under the PWDV Act resorts to making false and/or misleading statements in their allegations of domestic violence, cruelty etc. The applicant deliberately making false allegations must be punished regardless of gender.