May,12,2016:
Only 13 persons were convicted, of the 639 chargesheeted in 2014: Rijiju
The Central Government has informed the Rajya Sabha on Wednesday that “some times” provisions of the Domestic Violence and Anti-Dowry Acts were misused and several NGOs have also given reports supporting it.
Answering a question on cases of Domestic Violence in the Nation, MoS (Home) Kiren Rijiju said that only 13 persons were convicted by Courts out of the 639 persons charge sheeted in 2014 under the Protection of Women from Domestic Violence Act, 2005.
Women not amused
After the reply of the Minister of State for Home in question hour, Samajwadi Party MP Javed Ali Khan raised the issue of misuse of the Act, a contention which was resented by women members vehemently but it was was supported by MP Vijay Goel (BJP).
Mr. Khan said that many fake cases were being registered and there was rampant misuse of the DV Act. “Misuse of this Law does happen. I agree with what brother [SP member] has said,” Mr. Goel said. While admitting that this(Misuse) does happen, Mr. Rijiju said the government’s focus was women safety and any dilution to the Law could not be allowed.
‘Sensitive issue’
“This is a very sensitive national issue. Govt. focus is women security. This is also true that many times a few provisions of any law can be misused. One cannot deny this totally. Many NGOs have also given reports of gross misuse of certain similar laws like the Anti Dowry Act.”
However, Mr. Rijiju’s remark that the data collected pertains to “civil” nature of crimes under the DV Act evoked strong reaction from Deputy Leader of the Congress in the House Anand Sharma, who said domestic violence was not civil but criminal.
As Congress member MPs, particularly the women MPs, took strong objection to this reply, the Minister first tried to convince them about the reply and then told them “you can give notice for further discussion on the issue.”
This apparently enraged some members, including MP Kumari Selja of the Congress, who said the use of such language by a Central Minister was “highly objectionable” and was improper.
‘Objectionable language’
When Chairman of the House Hamid Ansari tried to pacify the MPs by noting that the reply states that data collection of crimes under the Act only started only in 2014, Ms. Selja said “My specific point is not that. My point is the Minister of State for Home has used objectionable language when we rose [to speak]” Mr. Anand Sharma also registered his objection.
Mr. Ansari, however, tried to calm the frayed tempers assuring them that he would examine whether something objectionable has been said by the Minister and would take all corrective steps.
Mr. Rijiju told the House that the National Crime Records Bureau (NCRB) started collecting data on the DV Act only since year 2014.
According to the reply submitted, 426 cases were registered under the DV Act in 2014, of which charge sheets were filed in 312 cases. Conviction happened during trial in just nine cases. Trial could be completed only in 19.1 per cent cases. Of the 693 persons arrested in these DC Act cases, 639 were charge-sheeted while only 13 were convicted.
MPs wanted to know why the conviction rate in these DV Act cases was so low to which the Minister Rijiju said that in many such cases, the husband and wife reach a amicable compromise at a later stage and that the offences under the DV Act were of “civil” nature.
Read Family Laws @ LatestLaws.in-
Bare Acts with Rules, Regulations & Amendments
- Anand Marriage Act,1909
- Arya Marriage Validation Act,1937
- Commission of Sati (Prevention) Act,1987
- Dissolution of Muslim Marriages Act,1939
- Dowry Prohibition Act,1961
- Family Courts Act,1984
- Foreign Marriage Act,1969
- Foreign Marriage Act,1969
- Guardians and Wards Act,1890
- Hindu Adoptions and Maintenance Act,1956
- Hindu Marriage Act,1955
- Hindu Minority and Guardianship Act,1956
- Hindu Succession Act,1956
- Indian and Colonial Divorce Jurisdiction Act, 1940
- Indian Christian Marriage Act,1872
- Indian Divorce Act,1869
- Kazis Act,1880
- Maternity Benefits Act,1961
- Matrimonial Causes (War Marriages) Act 1948
- Muslim Personal Law (Shariat) Application Act,1937
- Muslim Women (Protection of Rights on Divorce) Act,1986
- National Commission for Women Act,1990
- Protection of Women From Domestic Violence Act,2005
- Special Marriage Act,1954
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