Domestic Violence within the meaning of The Protection of Women from Domestic Violence Act, 2005 is ‘gender neutral‘. Physical abuse, verbal abuse, emotional abuse and economic abuse can all be by women against other women. “Even sexual abuse may, in a given fact circumstance, be by one woman on another“. The SC in Hiralal Harsora v. Kusum Harsora, [Civil Appeal No. 10084 of 2016] has thus struck down the words “adult male” before the word “person” in Section 2(q), as these words discriminate between persons similarly situate, and far from being in tune with, are contrary to the object sought to be achieved by the 2005 Act. The rest of the Act is left intact and can be enforced to achieve the object of the legislation without the offending words. Nariman J. thought it ‘interesting’ to mention that the Parliament would consider this judicial reach – ‘reasonable’.
'The Last Word' seeks to include not only wise and witty sayings of the judges but also curiosities of lawyers and the law. This blog is not of obligation but of delight. I frankly confess my ignorance of much that ought to be included from overseas jurisdictions; and I utter a gentle prayer that those who know better would lighten my darkness. I am confident that I am not alone in my refusal to believe that the law is tedious or that the Indians really like all their law dull. For all that has escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.