Delhi HC seeks Centre's stand on 70-yr-old's plea against domestic violence law

The Delhi High Court has sought the stand of the Centre on a 70yearold womans challenge to a provision under the law against domestic violence which protects even aggressor women from being removed from a shared householdThe senior citizen said that in spite of continuously being subjected to domestic violence allegedly by her daughterinlaw a trial court refused to pass an order of eviction in light of the latters right to residence in terms of the proviso to section 191 Protection of Women from Domestic Violence ActA bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued notice on the petition last week and also sought the stand of the National Commission of Women and the daughterinlaw The court also appointed senior advocate Rebecca John as amicus curiae to assist it in the matterThe petitioner represented by lawyer Preeti Singh contended that while the Act aims to protect women from domestic violence the proviso to section 191 acts as an obstacle for a victim woman who is suffering at the hands of another woman and it is therefore unconstitutional and discriminatoryIn her plea the petitioner has also sought a direction from the court to remove her daughterinlaw from the household She alleged that she and her 76yearold husband were threatened harassed financially exploited and terrorised by the daughterinlaw but the Metropolitan Magistrate dismissed the petitioners application for the said interim relief of directing the respondent No 3 daughterinlaw to vacate the shared household observing that her right of residence needs to be protected in view of the proviso to Section 191 of the PWDV Act 2005Also read Mehrauli murder Aftab taken to CBI forensic office for voice sample collectionThe proviso creates an unreasonable classification on the basis of the sex of the perpetrator and thereby denies relief to an equally aggrieved woman without any intelligible differentia thereby violating Article 14 of the Constitution of India the petition saidThe plea further stated that such a provision also fails to consider the domestic relationship and plight of an aggrieved homosexual woman living in an abusive relationshipIn light of the proviso to Section 191 of the PWDV Act 2005 no woman irrespective of the extent of domestic violence and atrocities she commits upon the aggrieved person is liable to be removed from the shared household the plea saidAny heterosexual woman can move against her partner to dispossess him from the shared household such right is not granted to a homosexual woman in light of the proviso to Section 191 of the PWDV Act 2005 The State should strive to enable the women from every segment of society and irrespective of her own sexual orientation or the sex of the perpetrator to grow and move ahead and protect themselves from the atrocities and incidents of domestic violence the plea addedThe matter would be heard next on April 18This story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever