Impugned
Provision / other anomaly
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Breach of
Section / Article
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Statement of Objects and Reasons – of the impugned Act
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Whereas the impugned Act, in
its Statement of objects and reasons, states that it sought to provide a
“Civil remedy” for “cruelty”, it neither provides “Civil remedy” nor redress
“Cruelty” as judicially understood.
It sought a criminal prosecution for the alleged acts
of “domestic violence”, an expression, although used in common parlance, but
not legally or judicially defined.
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Statement of Objects and Reasons –
1. Domestic violence is
undoubtedly a human rights issue and serious deterrent to development. The
Vienna Accord of 1994 and the Beijing Declaration and the Platform for Action
(1995) have acknowledged this. The United Nations Committee on Convention on Elimination
of All Forms of Discrimination Against Women (CEDAW) in its General
Recommendation No. XII (1989) has recommended that State parties should act to
protect women against violence of any kind especially that occurring within the
family.
2. The phenomenon of domestic
violence is widely prevalent but has remained largely invisible in the public
domain. Presently, where a woman is subjected to cruelty by her husband or his
relatives, it is an offence u/s 498A of the Indian Penal Code. The civil law does
not however address this phenomenon in its entirety.
3. It is, therefore, proposed to
enact a law keeping in view the rights guaranteed under Articles 14, 15 and 21
of the Constitution to provide for a remedy under the civil law which is
intended to protect the woman from being victims of domestic violence in the
Society.
The Argument
1. The serious anomalies in the impugned Act
begin from the Statement of objects and Reasons: Whereas the impugned Act,
in its Statement of objects and reasons, states that it sought to provide a
“Civil remedy” for “cruelty”, the remedy it provides, is neither Civil nor of
“Cruelty. It, inter alia, sought a criminal prosecution for the alleged acts of
“domestic violence”.
2.
In the
statements of objects and reasons, in Cl.2,… It is further stated that the
Civil law does not in its entirety provide for addressing the issue of
“Cruelty” towards women. However, in Cl. 3, the impugned Act however, very
silently, shifts from judicially ascertained expression “Cruelty” to unknown expression
“domestic violence”, and the impugned Act then sought to provide a Criminal
prosecution in a Civil remedy for alleged purported acts of “domestic
violence”, which hitherto nobody knew what it meant.
3.
The
expression “Domestic violence” hitherto has never been judicially defined
before the impugned Act was enacted. Therefore, it is patently fallacious and
misconceived to suggest that the impugned Act sought to provide a remedy in the
Civil law for the protection of women from being victims of domestic violence.
The definition of “domestic violence” provided under the impugned Act is a
fiction of law, which takes within its sweep, such vague expressions, which
were never considered as a constituent of “cruelty”.
Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.
Law
Referencer: https://www.litigationplatform.com/
Thank you.
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