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Anomaly in the Statement of Object and Reasons


Impugned Provision / other anomaly
Breach of Section / Article
Statement of Objects and Reasons – of the impugned Act
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.


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/


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