About Save Indian Family Foundation: Save Indian Family Foundation, Bangalore is an NGO dedicated to promote the cause of Gender Equality and Family Harmony. We commandeer the cause of those grief stricken families who are victimized by the misuse of laws like Section 498A of the Indian Penal Code, Protection of Women from Domestic Violence Act, Section 125 CrPC, Child Custody laws to name a few.Press release: Urgent need to replace PWDVA and such laws with gender neutral lawsWhat are the problems with PWDVA and similar gender-biased laws?The PWDVA (Protection of Women against Domestic Violence Act) was passed by legislature and came into force on 26th Oct 2006. While the name of the Act itself suggests noble intentions like protection and welfare of women, the act itself is hardly … [Read more...] about Press release: Urgent need to replace PWDVA and such laws with gender neutral laws
DV Act
Court rejects sister’s application under PWDVA (DV Act)
In an interesting judgment, a court has rejected a woman's application under PWDVA (DV Act) for right to residence against her brother.http://www.indianexpress.com/news/court-rejects-financially-independent-womans-plea-for-maintenance/525864/0Here is the main excerpt on how the case was decided:The 47-year-old woman said in her petition that she had left for the USA in September 2000 but when she returned to India in July, 2008, her brother did not let her in. As she had no alternate accommodation and was a patient of a skin disease, it was the duty of her brother under the Act to maintain her and let her live in the shared household. ASJ Sarvaria, however, differed. “When a woman, though unmarried, is prima facie sufficient to maintain her and has herself been living abroad for about … [Read more...] about Court rejects sister’s application under PWDVA (DV Act)
Restore Civil Rights to Domestic Violence Laws!
Have we gone too far with our “get-tough-on-crime” approach to curbing domestic violence? Have we become irrational in our approach to women's empowerment and women's rights? Are fundamental Constitutional rights being set aside? Are we now supporting violation of human rights of innocent men, women and children? Guilty until Proven Innocent? Universal Declaration of Human Rights proclaims that “everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law.” But... Indian laws against domestic violence presume that the accused is guilty until proven innocent and violate universal principles of fair trial. Mandatory Arrest? Article 21 of the Indian Constitution states that "no person shall be deprived of his life or personal liberty … [Read more...] about Restore Civil Rights to Domestic Violence Laws!
PWDVA (DV Act), Dowry Act, and 498A can exist simultaneously
A person who files under DV (Domestic Violence) Act may get help from State to file for 498A and Dowry Act 1961 if these are applicable to her case.Read 5(e) of PWDVA which enables Protection Officer or Magistrate to help woman:(e) of her right to file a complaint under section 498A of the Indian Penal Code,wherever relevant: "Read 31(3) of PWDVA which is applicable after breach of Protection Order:(3) While framing charges under sub-section (J), the Magistrate may also framecharges under section 498A of the Indian Penal Code and any other provision of that Code or the Dowry Prohibition Act, 1961, as the case may be, if the facts disclose thecommission of an offence under those provisions.So the point of double jeopardy would not be applicable to avoid simultaneous 498A and PWDVA, … [Read more...] about PWDVA (DV Act), Dowry Act, and 498A can exist simultaneously
Protection order only maintainable against adult male under DV (Domestic Violence) Act
Another judgment is analyzed below which concludes that women / female relatives of husband/man cannot be made 'respondent' under Domestic Violence Act (PWDVA).First see the 2(q) clause of PWDVA which defines respondent. Note that almost all the reliefs mentioned are claimable only against respondent.(q) "respondent" means any adult male person wbo is, or has been, in adomestic relationship with the aggrieved person and against whom the aggrievedpcrson has sought any relief under this Act,Provided that an 'aggrieved wife or female living in a relationship in thenature of a marriage may also file a complamt against a relative of the husband orthe male partner;Now from the judgment we read the following, esp note the bold portions:The word complaint as appeared in the definition … [Read more...] about Protection order only maintainable against adult male under DV (Domestic Violence) Act
DV Act (PWDVA) applicable against female relatives of man
According to PWDVA Domestic Violence Act, both male and female relatives of husband /man can be implicated in the complaint by wife/woman. Following are excerpts and my comments from Chennai HC judgement where the judges have dealth at length with the issue of PWDVA interpretation. It may seem a bit long-winded discussion about the point of female relatives of man but probably judges wanted to show complete application and logic for arriving at the decision.From judgment :BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 28/04/2009CORAMTHE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAHCrl.O.P.(MD)No.11066 of 2008andM.P.(MD)No.1 of 20091.K.Kamala2.K.Pasungili3.C.Vasantharaja ... PetitionersVs.1.M.Parimala2.The District Social Welfare Office cum The District Dowry … [Read more...] about DV Act (PWDVA) applicable against female relatives of man