The Delhi HC has ruled that Domestic Violence Act (PWDVA) can be applied retrospectively based on Article 14 of constitution granting right to equality to all citizens. Read excerpts of news below:
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Allowing Ms Bhanot’s appeal, the court underlined the ‘historical reality’ — that women in our society have been subjected to discrimination, misbehavior and ill-treatment not only outside their house, also inside it.
“Even a working woman — from a construction worker to a qualified professional — is not always treated with respect at home,” Justice Jain said.
So much part of the judgment is more on creating a ground for reliefs for women in general rather than the facts of the particular case.
It is immaterial whether the “aggrieved person” was living with the husband when the offence was committed.
But it is not clear as of now how the offence was committed through any telepathic or extra sensory means!
From another news about same case:
There is no difference between the women who were subjected to domestic violence before 2005 and those who were later, as any differentiation would tantamount to denying the right of equality before law guaranteed to all citizens by the Constitution, the court held.
It is one thing if the court wants to grant relief based on whatever facts of the case. However granting retrospective operation of a law by justifying on some general constitutional grounds is making a mockery of judicial law making. The right of equality was not meant by makers of constitution to be used in imaginative ways to suit the judgment a judge wants to pass.