Dv act and constitution

Querist : Anonymous (Querist) 03 December 2011 This query is : Resolved
Whether section 36 of Domestic violence act is ultra vires to Article 15 (3) of the constitution of India.

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prabhakar singh (Expert) 03 December 2011
NOT declared so by court ????????

Challenge then????

Sailesh Kumar Shah (Expert) 03 December 2011
No.....
what do you want?

Querist : Anonymous (Querist) 03 December 2011
Sir
I want to know that, what should be the requirements to made it unconstitutional???

Guest (Expert) 03 December 2011
Article 15(3) clearly stipulates, "nothing in this article shall prevent the State from making any special provision for women and children/"

So, it gives clear freedom to the states to make special provision for women and children.

On the other hand, Sec.36 of DV Act states, "The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force."

So, please indicate in what way you feel that the said section is ultra vires of the Article 15(3) of the Constitution?

Advocate. Arunagiri (Expert) 03 December 2011
I fully agree with Mr.Dhingra.

M/s. Y-not legal services (Expert) 04 December 2011
already its repeated query., am seeing this query at 3rd time.,

of course am not replying properly., even i just informing to our members.,

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