Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Protection of Women from Domestic Violence Act 2005 - s. 2(q) and its proviso - Constitutional validity of s. 2(q) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Protection of Women from Domestic Violence Act, 2005 - s. 2(q) and its proviso - Constitutional validity of s. 2(q) - Held; The object of the Act is to provide various remedies to women who suffer c from domestic violence - Preamble of the Act also makes it clear that the Act is to redress violence, whether physical, sexual, verbal, emotional or economic - The definition of 'respondent' in s.2(q) is not based on any intelligible dijferentia having any rational relation to the object sought to be achieved by the Act - The microscopic difference between male and female, adult and non adult, regard D being had to the object sought to be achieved by the Act, ·is neither real nor substantial nor does it have any rational relation to the object of the legislation - Rather the words 'adult male person' are contrary to the object - Therefore, the words, 'adult male' before the word 'person' in s., 2 (q) are struck down as these words E discriminate between persons similarly situated and being contrary to the object to be achieved by the Act ...:. Applying the principle of severability, on striking down the expression 'adult male', the rest of the Section is left intact and can be enforced to achieve the object of the legislation without the offending words - The proviso to s.2(q) . has been provided only to carve out an exception to a situation .of F 'respondent' not being an 'adult male',... Once 'adult male' is struck down, the proviso has no independent existence, having been rendered otiose - Constitution of India - Art. · 14 - Doctrine of severability. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2016 INSC 955 |
Petitioner | Hiral P. Harsora And Ors. |
Respondent | Kusum Narottamdas Harsora And Ors. |
SCR | [2016] 9 S.C.R. 515 |
Judgement Date | 2016-10-06 |
Case Number | 10084 |
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