Role of Judiciary and Domestic Violence

References

[1] CONCLUSION

[2] The Court based its conclusion on the fact that because there was no communication or contact between the parties, no proximate act of domestic violence could be alleged, it must be mentioned that the fact of desertion continued. As was rightly contended by the APs, desertion itself is a form of economic abuse under the Act. Hence, irrespective of any communication or contact, the fact of continued desertion is sufficient to invoke the provisions of this Act. With this decision, the Supreme Court has conclusively settled the question of the retrospective application of the Domestic Violence Act. However, the judgment is critical for the recognition that a woman dispossessed of her Shared Household at any time in the past continues to suffer the effects of that dispossession. Actions brought under Act thus relate to the present and any relief granted

[3] REFERENCES

[4] (1997) 6 SCC 241.

[5] J. l. Kalyar, “Sexual Harassment against Women in India: An Overview”, 2 IMRJ 15 (2015).

[6] Sheba Tejani, “Sexual Harassment at the Workplace: Emerging Problems and Debates” Available at http://www.jstor.org/stable/4415633.

[7] Ministry of women and child development, “Handbook on Sexual Harassment of women at workplace (prevention, prohibition and redressal) Act 2013.

[8] Indira Jaising, “Sexual Harassment at Workplace”, Universal Law Pubishers Co., New Delhi Second Edition 2015

[9] Dona John, Omair Ahmad & Maria Schneider, India: Violence Against women, Current Challenges and Future Trends. Available at www.sexualviolanceissues,wordpress.com.

[10] Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, No. 14, Acts of Parliament, 2013).

[11] The constitution of India 1950

[12] Sexual Harassment of Women in India Paperback – 30 June 2020

[13] ​Professional's Constitution of India Bare Act, Constitution of India amended by One Hundred and Fourth Amendment Act, 2019 with Declaration under Article 370(3) with Appendix and Subject Index - Indian Polity - September 2020.

[14] The Constitution of India 1950

[15] Ibid

[16] The Indian Penal Code, 1860 (Act 45 of 1860)

[17] The Criminal Law (Amendment) Act, 2013 (Act 13 of 2013)

[18] The Criminal Law (Amendment) Act, 2013 (Act 13 of 2013)

[19] Equal Remuneration Act, 1976 (Act 25 of 1976)

[20] The Industrial Disputes Act, 1947 (Act 14 of 1947)

[21] The Industrial Employment (Standing Orders) Act, 1946 (Act 20 of 1946)

[22] The Indecent Representation of Women (Prohibition) Act, 1986 (Act 60 of 1986)

[23] The Factories Act, 1948 (Act 63 of 1948)

[24] Maternity Benefit Act, 1961 (Act 53 of 1961

[25] The Information Technology (Amendment) Act, 2008 (Act 10 of 2009)

[26] The National Commission for Women Act, 1990 (act 20 of 1990)

[27] Convention on the Elimination of All Forms of Discrimination against Women Adopted and opened for signature, ratification and accession by General Assembly resolution 34/180 of 18 December 1979

[28] Sexual Harassment of Women at Workplace (Prohibition, Prevention and Redressal) Act, 2013.

[29] Kalpana Sharma, Sexual Harassment of Women at workplace in India: an Ubiquitous Hazard IOSR JOURNALS, http://www.iosrjournals.org/iosr- jhss/papers/Vol.%2022%20Issue9/Version-9/D2209093646.pdf.

[30] Vishaka v. State of Rajasthan [1997] 6 SCC 241

[31] Justice Verma & Mehra Committee Report on Amendments to Criminal Law, 2013.

[32] Section 2(n) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redresal) Act, 2013.

[33] 2017 SCC Online Del 11327

@article{1720203,
      author = {Dr. Mamata Kyatannanavar},
      title = {Role of Judiciary and Domestic Violence},
      journal = {Iconic Research And Engineering Journals},
      year = {2023},
      volume = {7},
      number = {6},
      pages = {675-681},
      issn = {2456-8880},
      url = {https://www.irejournals.com/formatedpaper/1720203.pdf},
      abstract = {Judges interpret the laws. The judges are watching real cases to see how the legislature's scripts are performed by real people. A judge is able to accurately and realistically assess the laws, identify authoritative challenges, and fix gaps in them. According to Justice V.R. Krishna Iyer, "Judges can't make laws; they only interpret the law and decide specific cases and controversies within the limits, but in that process, they make laws. Law is the big one. "So, it's serious codification, revolution in the social order, that we need, a avant-garde operation Parliament must perform. As magnificently as the judiciary acted, they gave real worth to the legislative work."},
      month = {December},
      doi = {https://doi.org/10.64388/IREV7I6-1720203}
  }