Dv
peenaz mohsina
(Querist) 12 September 2011
This query is : Resolved
what are the merits and demerits of protection of women from domestic violence Act,2005?
Advocate Rajkumarlaxman
(Expert) 12 September 2011
Men's organizations such as Save Indian Family and Save Family Foundation
[2] have criticised the law since it is not gender neutral and abused men are not covered. Moreover, it might be abused by women and their families during family disputes. Renuka Chowdhury, the Indian Minister for Women and Child Development, agreed in a Hindustan Times article that "an equal gender law would be ideal. But there is simply too much physical evidence to prove that it is mainly the woman who suffers at the hands of man". In a CNN-IBN Interview, she commented that "this act won't hit good hubbies".
[3] The former Attorney General of India Soli Sorabjee has also criticized the broad definition of verbal abuse in the act.
[4] According to president of India in one of her speech, she said : " Another disquieting trend has been that women themselves have not been innocent of abusing women. At times women have played an unsavory, catalytic role in perpetrating violence whether against the daughter-in-law, the mother-in-law or female domestic helps.
Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse to wreak petty vengeance and to settle scores. Some surveys have concluded that around 80 percent of dowry complaints are false and were registered primarily to settle scores. It is unfortunate if laws meant to protect women get abused as instruments of oppression
Advocate Rajkumarlaxman
(Expert) 12 September 2011
Abuses are said to be happening. If abused it is waste of court time. Abusers must pay for the wastage. It is such a good Act, it must used wherever it is genuinely needed. This is one way our society can be instigated to move towards a level of sophistication where pleasure for the most (the most possible) and pain for the least (the least possible, almost nil, or as close to it as possible) can be achieved. There are many other areas of course that need changes for the better, in our society and other societies. But this Act (PWADV)in India is most needed. I see a lot of couples that go through marriages of angst. A lot of couples need to separate or divorce. A lot can be helped to maintain their marriage and change their style of interaction. To recognise early enough which couples can work it out and stay together and which need to go two ways, is badly needed. Otherwise it is waste of time where the couple continue in their misery of being abused or of having to abuse (for lack of knowledge of any better way of dealing with it). Stern laws and brisk, predictable clear cut intervention by societal agents including the courts is going to help many souls yearning for peace.
M/s. Y-not legal services
(Expert) 13 September 2011
Dear peenaz you nighht be posted this query on some where place in this site. Its not the place for discussion.
Guest
(Expert) 13 September 2011
Merits & demerits of the DV Act can be numerous that can take the shape of a full Thesis, if analysed seriously.
girish shringi
(Expert) 14 September 2011
Simply many.
What kind of case is there?
You are the student of Law,prepare the case yourself,you will find the merits in it.
