LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ravi Srivastava   03 September 2022

DV Act against to Article-15?

Hello Professional,
in my openion, DV Act against to Article-15 on ground discrimination of gender (Man and women).
therefore this Act invalid.
kindly correct me if I'm wrong.


Learning

 1 Replies

Dr J C Vashista (Advocate)     04 September 2022

You have mis-interpretted the provisions of Protection of Women from Domestic Violence Act, 2005 and Article 15 of the Constitution of India, 1949 which enshrines as:

15. Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, s*x, place of birth or any of them

(2) No citizen shall, on grounds only of religion, race, caste, s*x, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to

(a) access to shops, public restaurants, hotels and palaces of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public

(3) Nothing in this article shall prevent the State from making any special provision for women and children

(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes

 

Conversely The Protection of Women from Domestic Violence Act, 2005 (ACT NO. 43 OF 2005) provides

"An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and formatters connected therewith or incidental thereto........."


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Post a Suggestion for LCI Team
Post a Legal Query