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SC snubs Centre for domestic abuse Act

The legislation was enacted in October 2006. Also under scrutiny are the Dowry Prohibition Act and the Sexual Harassment Bill.

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NEW DELHI: Barely a year after the Domestic Violence Act came into force, the Centre is on the backfoot.

It has set up a panel to review the Act to prevent its misuse by disgruntled wives. The legislation was enacted in October 2006. Also under scrutiny are the Dowry Prohibition Act and the Sexual Harassment Bill.

The measure comes after the Supreme Court recently pulled up the government for bringing in a “poorly drafted” Act.  “The Act appears to be the result of clumsy drafting, but we have to give it an interpretation that does not lead to chaos,” the Supreme Court observed.

Legal experts have expressed their apprehensions on the law, saying that its many loopholes could be used by women to settle scores with the husband and his family. In fact, the number of domestic violence cases filed in courts has gone up significantly since the law was enacted.

“There is an urgent need to re-examine the law,” said criminal lawyer Ramesh Gupta. “Often, women exploit it to file complaints against their husbands and teach them a ‘lesson’,” he said.

Accepting that the law’s imperfections could lead to wrongful use, the Ministry of Women and Child Development (WCD) has set up a panel to review the Act and identify the loopholes.  

The committee comprises lawyers Indira Jaisingh, Priya Hingorani and Manali Singhal Bhandare. Though the panel has no male lawyer, the ministry has sought suggestions from men’s organisations and individuals.

The ministry has also set up another panel to give the oft-criticised Dowry Prohibition Act and the impending Sexual Harassment Bill a re-look. The Sexual Harassment Bill, due to be introduced in the monsoon session of Parliament, has been sent to a panel comprising lawyers Bhandare, Hingorani and Baba Kapoor.

“Women need these laws, but there is a general feeling that these are being misused,” said Hingorani. The men’s organisations and NGOs fighting for the cause are demanding certain provisions in all matrimonial laws.

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