Delhi HC: No Protection for Male Family Member under Domestic Violence Law Posted on February 4, 2023 News By Akta Yadav 380 Views Delhi HC:- On 2nd February 2023, Jasmeet Singh J. of the Delhi Court of Karkardooma announced that any male family member including the husband shall not be given any protection or benefits under the Domestic Violence Laws in India. The domestic violence laws are available only as a safeguard for women oppressed by family members. Delhi HC Details of The Ruling The Delhi HC looked into the definition of an ‘aggrieved person’ given in the Domestic Violence Law and highlighted that the definition clearly mentions the word ‘woman’ as a person who can be given protection under the Domestic Violence Law. The current petition before the Delhi HC had been filed by a male family member, i.e., the husband and the Court ruled, “The respondent, that is, the husband of the petitioner (woman) has initiated proceedings under Section 12 of the DV Act. Prima facie it seems in view of Section 2(a), the protection of the Act is not available to a male member of the family and more particularly the husband.” With this reasoning, the Delhi HC put a stay on the proceedings of the petition until a further date. Reasonability of The Ruling Not extending the protection to male family members under the Domestic Violence Law is not a liberty placed in the hands of the Court. Courts are placed with the primary duty to apply the Literal Rule of Interpretation of statutes and laws of the country. Where the law itself mentions the gender on which it is applicable, the Court’s hands are tied. It is upon the legislature to extend reforms in law through a legislative process to make the laws gender inclusive, only after which can the Courts extend protection to male family members. Delhi HC For more updates keep visiting our website www.topstoriesworld.com where we provide unbiased, true and top stories of the world.
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Delhi HC
Details of The Ruling
The Delhi HC looked into the definition of an ‘aggrieved person’ given in the Domestic Violence Law and highlighted that the definition clearly mentions the word ‘woman’ as a person who can be given protection under the Domestic Violence Law. The current petition before the Delhi HC had been filed by a male family member, i.e., the husband and the Court ruled, “The respondent, that is, the husband of the petitioner (woman) has initiated proceedings under Section 12 of the DV Act. Prima facie it seems in view of Section 2(a), the protection of the Act is not available to a male member of the family and more particularly the husband.” With this reasoning, the Delhi HC put a stay on the proceedings of the petition until a further date.
Reasonability of The Ruling
Not extending the protection to male family members under the Domestic Violence Law is not a liberty placed in the hands of the Court. Courts are placed with the primary duty to apply the Literal Rule of Interpretation of statutes and laws of the country. Where the law itself mentions the gender on which it is applicable, the Court’s hands are tied. It is upon the legislature to extend reforms in law through a legislative process to make the laws gender inclusive, only after which can the Courts extend protection to male family members.
Delhi HC
For more updates keep visiting our website www.topstoriesworld.com where we provide unbiased, true and top stories of the world.
