SC widens ambit of Domestic Violence Act

PTI & TH, October 10, 2016, New Delhi :In a landmark verdict, the Supreme Court has widened the scope of the Domestic Violence Act by ordering deletion of the words “adult male” from it, paving the way for prosecution of women and even non-adults for subjecting a woman relative to violence and harassment. 

The apex court has ordered striking down of the two words from Section 2(q) of the Protection of Women from Domestic Violence Act, 2005, which deals with respondents who can be sued and prosecuted under the Act for harassing a married woman in her matrimonial home.

‘Microscopic difference’ 

Referring to earlier verdicts, the apex court said “the microscopic difference between male and female, adult and non-adult, regard being had to the object sought to be achieved by the 2005 Act, is neither real or substantial, nor does it have any rational relation to the object of the legislation.” 

The apex court Bench of Justices Kurian Joseph and R.F. Nariman in its 56-page judgment said the remaining part of the legislation had been kept untouched and would remain operative.