Domestic Violence Act applies-Judgment of Supreme Court After Divorce

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All Sarkari Examination

Context: The Supreme Court has upheld a ruling that the Domestic Violence Act, intended to safeguard women against marital abuse, will apply even after divorce. The court observed that the act extends to all man-woman relationships, and also protects divorced women from their former husbands.

• The apex court has upheld Rajasthan High Court’s interpretation that ‘domestic relationship’ is not confined to the “relationship as husband and wife or a relationship in the nature of marriage, but it includes other relationship as well such as sisters, mother, etc.”.

What is Protection of Women from Domestic Violence Act 2005?

• It is an act to provide for more effective protection of the rights of Women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.
• Domestic Violence Act 2005 is the first significant attempt in India to recognise domestic abuse as a punishable offence, to extend its provisions to those in live-in relationships, and to provide for emergency relief for the victims, in addition to legal recourse. It extends to the whole of India except the State Jammu & Kashmir.
• It aims to protect women from physical, sexual, verbal, emotional and economic abuse at home.

Way ahead:

Domestic violence can continue even after divorce and the reach of the Act should not be shackled by confining only for the protection of women living in marriage.

What’s important?

• For Prelims: Particulars of Domestic violence act.
• For Mains: DV Act- significance, concerns, misuse and reforms.

Sources: the hindu.