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The Supreme Court of India recently observed that cases under the Protection of Women from Domestic Violence Act, 2005 (DV Act) carry no penal consequences unless there is a breach of a protection order. Criticizing the issuance of bailable warrants in such cases, the Court emphasized that the Act primarily provides civil remedies to protect women from domestic abuse.
The judgment came in response to petitions challenging the misuse of the DV Act and the unnecessary criminalization of proceedings. A bench led by Justice Abhay S. Oka highlighted that the Act was designed to offer speedy relief and safeguard women’s rights rather than to impose penal sanctions, except in cases where protection orders are violated under Section 31 of the Act.
The Court expressed concern over the routine issuance of bailable warrants in DV Act cases, calling it a "misuse of judicial discretion." The bench clarified that such actions undermine the legislative intent and dilute the primary objective of the Act, which is to ensure protection and not to criminalize familial disputes unnecessarily.
Further, the Court directed lower courts to strictly adhere to the procedural framework of the Act, ensuring that remedies remain focused on providing relief to the aggrieved parties. It also underscored the importance of sensitizing judicial officers to the provisions of the DV Act to prevent the unwarranted issuance of warrants.
The apex court’s observations aim to strike a balance between safeguarding women’s rights and preventing the misuse of judicial processes. By reiterating the distinction between civil remedies and penal provisions under the DV Act, the Court sought to restore the Act's original purpose as a tool for empowerment and protection.
The ruling is expected to have a significant impact on domestic violence cases across India, ensuring that the focus remains on the welfare of victims while avoiding unnecessary criminal proceedings.
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