Mains Paper 2: Governance | Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes
From UPSC perspective, the following things are important:
Prelims level: Domestic Violence Act, 2005
Mains level: The article talks about expanding the ambit of domestic violence and its reasons.
Act Extends post Divorce as well
- The Domestic Violence Act, 2005 — meant to punish men who abuse women in a relationship — extends to all man-woman relationships, and also protects divorced women from their former husbands, the Supreme Court has upheld
- A three-judge Bench of Justices confirmed a Rajasthan High Court ruling of 2013 that the term ‘domestic violence’ cannot be restrained to marital relations alone
- The Supreme Court’s recent order differ with the High Court’s conclusion that ‘domestic relationship’ includes consanguinity, marriage, a relationship in the nature of marriage, adoption or as family members living together as a joint family
Why such ruling?
- The court held that domestic violence can continue even after divorce and the reach of the Act should not be shackled by confining only for the protection of women living in marriage
- It illustrated how a divorcee husband could resort to violence by entering the workplace of his former wife to commit an act of violence or even attempt to communicate with her, or threaten or cause violence to her relatives or dependants or any other person
- It amounts to domestic violence if the former husband tried to dispossess the woman from a jointly-owned property or refuse to return her ‘stridhan’ or valuable security or other property
- The Act brings all these acts of violence within its ambit
SC on Domestic Relations
- The apex court did not intervene with the interpretation that ‘domestic relationship’ is not confined to the relationship as husband and wife or a relationship in the nature of marriage, but it includes other relationship as well such as sisters, mother, etc.
- The domestic relationship includes any relationship between two persons who either live at the present moment or have at any point of time in the past lived together in a shared household
- The absence of subsisting domestic relationship in no manner prevents the court from granting certain reliefs specified under the Act, the High Court’s reasoning was upheld by the Bench