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Domestic Violence Act-Please Redefine

April 29, 2010oliviaLegal Take0

Can a woman be booked under the Protection of Woman from Domestic Violence Act, 2005?

Not yet.. Well then rejoice all women (read Mother-in-law, sister-in-law et all.

After the Discrimination in Law of Bigamy, Domestic Violence Act holds the torch..

About DV Act

Section 3 of the law says any act/conduct/omission/commission that harms or injures or has the potential to harm or injure will be considered ‘domestic violence’.

Under this, the law considers physical, sexual, emotional, verbal, psychological, and economic abuse or threats of the same.

Even a single act of commission or omission may constitute domestic violence — in other words, women do not have to suffer a prolonged period of abuse before taking recourse to the law.(More about Domestic Violence Act)

Can a woman charge female family members of her husband or live-in partner under the Domestic Violence Act?

There question essentially is whether the law enacted for the welfare of women can be used against a woman. Different courts across the country have been expressing conflicting views. (Related article in Hindustan Times)

Recently a Delhi High Court held, Female members of a family can be charged under the Domestic Violence Act in case of harassment of a woman.

The order assumes importance in the wake of raging debate however it does not seem to settle the matter once and for all. I sincerely wish & pray that a just and fair view is arrived at in this raging debate. (Related article in The Times of India)

Editor’s note: The legal positions shared by the author here are purely on as is basis. The organization, editor or other members of this blog holds no responsibility for the accuracy or inaccuracy of the same.

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