Monday, March 22, 2010

Delhi High Court does historical justice to women by invoking the constitution

In a major boost to women’s rights, the Delhi High Court has ruled that any alleged wrong done to a woman at any time in history can be set right by provisions of Domestic Violence Act  (PWDVA).  Read excerpts of news below:

Allowing Ms Bhanot’s appeal, the court underlined the ‘historical reality’ — that women in our society have been subjected to discrimination, misbehavior and ill-treatment not only outside their house, also inside it.

“Even a working woman — from a construction worker to a qualified professional — is not always treated with respect at home,” Justice Jain said.

The judge has for obvious reasons declined to comment on whether the same situation of discrimination, misbehaviour, and disrespect of women prevails in homes of judges too or not!

It is immaterial whether the “aggrieved person” was living with the husband when the offence was committed.

The important thing is that the woman should feel aggrieved, all other points are trivial in face of ‘historical injustice to women’.

Another news below throws up has some more interesting points:

There is no difference between the women who were subjected to domestic violence before 2005 and those who were later, as any differentiation would tantamount to denying the right of equality before law guaranteed to all citizens by the Constitution, the court held.

From henceforth all judgments for all laws in force (esp for women) will be held in retrospective effect from the time the woman was conceived in the womb irrespective from when the law came into force. 

However currently, the courts will not grant relief for grief a woman may have felt in one of her past lives.  The Supreme Court is expected to suggest to government soon to make a constitutional amendment in all women related laws.

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