India: Court finds that women can be charged under the new Domestic Violence Act

Submitted by anthony on Sun, 2010-04-11 21:39

Story here. Excerpt:

'NEW DELHI: In the wake of the raging debate on whether the Domestic Violence Act, enacted for the welfare of women, can be used against them or not, with different high courts expressing "conflicting views", a trial court has set the record straight by holding that female members of a family can be charged under the Domestic Violence Act in case of harassment of a woman.

While giving an interpretation of the provisions for protection of women in the Domestic Violence Act, 2005, the court has said that the law provided a wife can file complaint against her husband and his relatives (both males and females). "Section 2 Clause (q) of the Act which provides that ‘an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner’. The provision includes both male and females," additional sessions judge Kamini Lau said.'

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It says that a woman can charge another woman who is a member of a man's family, for example, a sister-in-law; it does not say a husband can charge his wife under the act.

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Submitted by Matt on Mon, 2010-04-12 20:34