Lawyers body says DV Act applies to women kin too

Lawyers body says DV Act applies to women kin too 


At a time the Delhi high court is deliberating if women can be prosecuted under the Domestic Violence (DV) Act,an influential lawyers body has waded into the debate.
Joining issue with a petitioner,who has challenged the booking of women under the special law,Lawyers Collective a trust seen as the prime mover behind the movement for a domestic violence law in India has sought itself to be included as a party to the case.
In an impleadment petition that is likely to be taken up by HC on Friday,the organization says the law is clear that relatives of an adult male,including mothers,sisters,niece,can be prosecuted under this Act. The term respondent includes female relative and if what the petitioner demands is allowed,the DV Act will become unworkable the trust argues,backing the prosecution of women under the Act.
Even as the trust claims to be working to protect the right of women and weaker sections,it interprets the Act to insist that women are covered under its ambit and cant escape prosecution for indulging in domestic violence.A similar stand has been adopted by the Centre and Delhi government.Their replies came in response to a petition filed by one Varsha Kapoor,through advocate Arvind Jain,urging the judges to strike down lower courts decision to sanction prosecution of women under the Act.
Kapoor argued that a special law passed by Parliament cant be used to book women as it violates the provisions of the Constitution.The woman has been booked under the DV Act on the complaint filed by her estranged daughter-in-law,Kapoor argues, The DV Act is a benevolent piece of legislation aimed to provide for more effective protection of rights of women under the Constitution who are victims of violence of any kind within family.
The above stated conflicting,confusing,absurd and unconstitutional provisions have created such a mess and chaos that interets of justice/ends of justice are not available to the petitioner to rescue her basic dignity and honour, the petition states,praying for relief.
ARGUMENTS CONCLUDED ON 28TH MAY 2010. OREDR RESERVED. LETS WAIT WHAT DELHI HIGH COURT SAYS !