Centre told to explain flaws in domestic violence act
For speedy justice to victims of prolonged domestic violence, the Delhi High Court on Wednesday has sought an explanation from the centre on the conflicting provisions in the Domestic Violence Act.delhi Updated: Jan 24, 2013 00:22 IST
For speedy justice to victims of prolonged domestic violence, the Delhi High Court on Wednesday has sought an explanation from the centre on the conflicting provisions in the Domestic Violence Act.
The bench headed by justice Pradeep Nandrajog has asked the centre’s standing counsel, Jatan Singh, to explain the dichotomy and make it clear by February 11 if any corrective steps are being contemplated.
The petitioner, Sumati Kumar, has urged the Delhi High Court to quash a particular rule under the Domestic Violence Act that prevents magistrates from exercising discretion to fast-track domestic violence cases and wrap them up within two months.
As per Section 12(5) of the said act, a magistrate shall make an endeavor to dispose of every application within a period of 60 days, from the date of first hearing.
“The act seeks to provide a fast track remedy for an aggrieved person/woman in distress,” Prabhjit Jauhar, lawyer of Sumati Kumar said.
The lawyer further said Section 28(2) of the Act empowers a court to lay down its own procedure for the disposal of an application. Jauhar said, despite this, the centre inserted its own Rule 6(5), which deprived the magistrate the right to dispose of cases expeditiously.
As per the rule, applications can only be dealt as per the rules laid down Under Section 125 of the criminal procedure code, which provide rules for ordering of maintenance to wives.