Now, women too can be tried for domestic violence

October 9, 2016

New Delhi, Oct 9: From now on, complaints can be filed against women too under the Protection of Women from Domestic Violence Act.Supreme

The Supreme Court has struck down a provision that allowed a complaint only against an adult male under the act. In a ruling having far-reaching consequences, the apex court declared that the words “adult male” in Section 2(q) of the 2005 act will stand deleted since it does not square with Article 14 (equality) of the Constitution.

Under Section 2(q), only an adult male can hitherto be prosecuted, thereby saving women from any adverse proceedings. “If ‘respondent’ is to be read as only an adult male person, it is clear that women who evict or exclude the aggrieved person are not within its coverage, and if that is so, the object of the act can very easily be defeated by an adult male person not standing in the forefront, but putting forward female persons who can therefore evict or exclude the aggrieved person from the shared household,” the court said.

A bench of Justices Kurian Joseph and R F Nariman relied upon the definition of domestic violence as given in the social beneficial legislation, which provided various innovative remedies in favour of women against the perpetrators, to hold that the provision would defeat the object of the law.

“It is clear that such (domestic) violence is gender neutral. It is also clear that physical, verbal, emotional and economic abuse can all be by women against women. Even sexual abuse may, in a given circumstance, be by one woman on another,” the court said.

The court noted that the words “adult male person” are contrary to the object of affording protection to women who have suffered from domestic violence of any kind.

“We, therefore, strike down the words “adult male” before the word “person” in Section 2(q) as these words discriminate between persons similarly situated, and far from being in tune with, are contrary to the object sought to be achieved by the 2005 act,” said Justice Nariman, writing the judgement.

Applying the principle of severability, the court said that having struck down “adult male” in Section 2(q), the rest of the act is left intact and can be enforced to achieve the object of the legislation without the offending words.

The apex court passed its ruling while allowing an appeal against a Bombay High Court judgement that has read down the provision of the law.

The high court held that complaints can be filed against women as well.

The apex court went on to delete the provision, setting aside the judgement.

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Agencies
January 5,2020

New Delhi, Jan 5: Senior Congress leader P Chidambaram on Sunday sàid it was "shameful" that Sadaf Jafar, SR Darapuri and Pavan Rao were arrested by the Uttar Pradesh Police for violence without any evidence against them.

He also said that it was a shocking admission by the police that there is no evidence of their involvement.

"Sadaf Jafar, S R Darapuri and Pavan Rao Ambedkar released on bail after police ADMITTED no evidence of their involvement in violence. Shocking admission," he said on Twitter.

"If that were so, why did the police arrest them in the first place? And how did the Magistrate remand them to custody without looking at the evidence," he asked.
"The law says 'find evidence, then arrest'. The reality is 'first arrest, then search for evidence'. Shameful," Chidambaram tweeted.

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News Network
July 22,2020

New Delhi, Jul 22: Congress leader Rahul Gandhi termed the BJP-led Uttar Pradesh government as 'goonda raj' (rule by hooligans), hours after Ghaziabad-based journalist Vikram Joshi succumbed to bullet injury he received from a group of men, who had allegedly harassed the scribe's niece.

"Journalist Vikram Jashi was killed after he protested against the harassment against his niece. My condolence to the family. They promised Ram Raj, but gave Goondaraj," Gandhi tweeted.

"Is it the same Ram Rajya that BJP promised after it came to power? This is complete 'Goondaraj'. Neither journalist, nor those who protect the law are safe in UP, so how can the common man expect justice," tweeted his party colleague Randeep Surjewala.

Expressing his shock over the incident, party leader and lawyer Abhishek Singhvi said, "Shocking jungle raj in #Ghaziabad area with journalist #Joshi, already known as the complainant in #FIR, being shot on a scooter while with his daughters, struggling in a coma with a bullet in the skull! Thank God daughters not hit. Shocking, scary, disgusting lack of fear of law & order! #UP."

Ajay Kumar Lallu, Congress president in the state added, "The Ghaziabad incident has shocked the entire state. It's a tragic incident. Nobody is safe in Uttar Pradesh. If it is not jungle raj then what is. The government remains silent while criminals are becoming more active. While leaving home in the morning, people in the state worry whether they will be able to return in the evening or not."

In the meantime, the Station in-charge has been suspended and a departmental inquiry has been ordered after the journalist's family accused the police of inaction. A total of nine accused have been taken into the custody, while efforts are on to nab another accused.

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coastaldigest.com web desk
August 1,2020

New Delhi, July 1: In a terrific incident with chilling echoes of the 2015 Dadri mob lynching, a Muslim man, who was carrying meat, was savagely attacked by a mob belonging to a saffron outfit in the presence of in BJP ruled Haryana on the eve of Eid al-Adha. 

The incident occurred at around 9 a.m. on Friday, July 31 at Badshahpur village in Haryana’s Gurgaon, when Lukman was transporting meat in a pic-kup truck. 

The attack was captured on mobile phones by onlookers and the video clips of the incident are now spreading on social media. 

A group of saffronite cow vigilantes chased the truck for about 8 km managed waylay it. Lukman, who was driving the truck was pulled out and brutally assaulted on the suspicion that he was transporting cow meat.

Just like Dadri, the police were faster at sending the meat to a lab for testing than catching any one of the suspects. One of the assailants - Pradeep Yadav- has been arrested. 

After being beating to an inch of his life, Lukman was bundled into the pick-up truck and taken back to Gurgaon's Badshahpur village where the goons started thrashing him again.

This is when the police stepped in and stopped them - only to find the assailants fearless enough to even take on them.

Lukman was taken to a hospital and the police filed a case against "unidentified individuals" even though the video of the incident recorded by witnesses shows the faces of the assailants.

The owner of the vehicles said that the meat was buffalo and he has been in the business for 50 years.

The police have so far refused to give a statement on record on the incident and explain their inaction as seen on video.

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