Supreme Court India finds fault with Domestic Violence Act.
At the time of drafting the Bill on Domestic Violence Act , we had questioned regarding the Poor drafting of the same and we Consider the same as AK47( When it will fire will not only kill the men , it will kill the Innocent Mother/sister/Child also). We SIF Member continuously demanding a ‘Domestic Harmony act’ , as we believe , Crime is crime and the punishment should be as per Crime.
See all Video for the same in Different Media, Including CNN-IBN, ZEE News,Star News Red Allert, India TV.
Previously though the Supreme Court of India Cautioned to take the necessary precaution and seal the hope hole in 498A and anti-dowry LAW to stop such ‘ Legal terrorism’ , our LAW maker does not brother to respect the same , where as they are ready with another tools in the Name of Domestic Violence Act instead of a Domestic harmony Act , where a Husband and there all family members will be thrown out of House in the name of so called Verbal abuse , mental harassment , economical abuse and adulterate relationship ( no need any evidence , only her or her family members own statement is sufficient ) , where as for the same offence from the wife and their family members side , forget any punishment , there is no provision of a small warning for them , they have given them a whole sale free license for ‘Verbal abuse , mental harassment , economical abuse and adulterate relationship .’
As a witness we observed Correction by Washington Times , that 70% Indian Husband every day beat their wives. The stastics was totally False by U.N.Population.
We can’t make a LAW in some assumption, that all women are abala nari and all Men are ‘Rapist’.
This is not a Law at all. The Basis foundation of the Law had not considered here. The own verbal statement of a Women itself considered as 100% true , it seems that all the Women born in Raja Harish Chandra Family and all the Men born in Criminal Family.
As a result we seen the cases where Wipro Chairman dragged to court under Domestic Violence act , which was a Clear misuse. Though court had dropped the Charges , but they can’t take any action against those , who had misused the Domestic Violence act.
It seems that Indian Judiciry system becaming a Fish Market , where any X,Y,Z can calim any thing , and court bound to hear that , and they can’t do any thing.
At last Supreme Court of India Shown their courage that they will not allow our Stupid LAW maker to convert our Judicial System like a Fish Market.
Supreme Court India finds fault with Domestic Violence Act
The court also commented on poor drafting of Section 2(s) of the Act, which defines ‘shared household’. Terming the definition of ‘shared household’ in Section 2(s) of the Act as “not very happily worded”, the Bench said it “appears to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and does not lead to chaos in society,” it observed.
In its first ever judgment under the recently notified Protection of Women from Domestic Violence Act, 2005, the Supreme Court has ruled that a wife’s claim for alternative accommodation lie only against her husband and not against in-laws and that her right to ‘shared household’ would not extend to the self-acquired property of her in-laws.
“In our opinion, the claim for alternative accommodation can only be made against the husband’,” a Bench of Justice SB Sinha and Justice Markandey Katju said dismissing the claim of a Delhi woman who had claimed her right for alternative accommodation under Section 19(1)(f) of the Act.
The court allowed an appeal filed by the father-in-law and mother-in-law of a woman, living in the property owned by the mother-in-law, who had claimed right to residence in a shared household and also that of an alternative accommodation under the new law notified on October 26, 2006.
“It is quite possible that the husband and wife may have lived together in dozens of places e.g. with the husband’s father, husband’s paternal grand parents, his maternal parents, uncles, aunts, brothers, sisters, nephews, nieces etc.
“If the interpretation canvassed by the respondent is accepted, all these houses of the husband’s relatives will be shared households and the wife can well insist on living in all these houses of her husband’s relatives merely because she had stayed with her husband for some time in those houses in the past. Such a view would lead to chaos and would be absurd,” it said.
So the Question still Unanswered, are our LAW Maker ready to accept their Mistake and take corrective action immediately or will be busy to save the Terrorist life , who had been Punished By Supreme court Hang to death ?
Wonder our age old Parents live is more important or the life of a Hard Core Terrorist are more Important for our LAW Makers.