The term “adult male” contained in the Act was found to be “discriminatory” by SC
Supreme Court has in a landmark verdict widened the scope of the Domestic Violence Act by deleting of the words “Adult Male” from its text.
This has cleared the path for prosecution of family Women and even non-adults for subjecting a woman relative to harassment and violence.
The apex court has directed striking down of the two words from Section 2(q) of the Protection of Women from Domestic Violence Act, 2005, which relates to respondents who can be sued and prosecuted under the Act.
The statute aims at prosecuting all thioe who harasses a married woman in her matrimonial home.
The apex court while evaluating earlier decisions observed that the microscopic difference between adult and non adult, male and female, in the light of the object sought to be achieved by the DV Act, is neither substantial nor real, also it does it have any legal rational in relation to the objects desired by the legislation.
A bench of Justices Kurian Joseph and R F Nariman have cleared the path for prosecution of any person irrespective of gender or age under the DV Act on the reasoning that it violates right to equality under the Constitution.
The Supreme Court bench said that the term “adult male” contained in the Act was found to be “discriminatory”.
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