J&K High Court Examines Constitutional Validity of Domestic Violence Act

The Jammu & Kashmir High Court is considering a petition challenging the constitutional validity of the Protection of Women from Domestic Violence Act, 2005 (PWDVA), following proceedings in the Court of the 2nd Additional Munsiff, Srinagar. The petitioners argued that they were falsely implicated and subjected to interim orders, including a monthly maintenance direction, despite living separately or having no involvement in the alleged incidents. The challenge contends that the Act exhibits gender bias, presuming men as offenders and women as victims, which allegedly violates Articles 13 and 14 of the Constitution. The petition also raises concerns regarding infringement of property rights under Section 19, overbroad definitions that criminalize minor disputes, procedural lapses in issuing protection orders, and the potential for vexatious proceedings. The High Court has directed the Registrar Judicial to place the matter before the Chief Justice for consideration, emphasizing the importance of proper adjudication given the constitutional questions. The case has been flagged for Division Bench hearing due to its implications on civil rights, gender neutrality, and procedural safeguards. The Court aims to balance protection of women with adherence to constitutional guarantees and fair judicial process.