June 21, 2008
Chennai: The Madras High Court has ordered issue of notice to the Centre on a petition by a man demanding that several provisions of the Domestic Violence Act, 2005 should be declared as "unconstitutional" and "gender biased," after alleging that his wife subjected him to physical and emotional abuse.
In his petition, P V Kamakshi Dasan of Mylapore submitted that he had married to Sripriya on November 3, 1991 and they had two children. However, after 16 years of marriage, his wife deserted him and took away his two children. He alleged that his wife had lodged a complaint against him under the Domestic Violence Act to harass him. He also said that that his wife suffered from a borderline personality disorder, and that the life and safety of the children were at great risk.
The petitioner claimed he and his 78-year-old mother had been subjected to physical and emotional abuse by his wife.
Kamakshi Dasan submitted before court that though both sexes suffered from domestic violence, there was no provision in the Act to protect men.
"Certain provisions in the Act are biased, and favours a particular gender. The Act is imbalanced and harsh and there is a very high possibility of misuse by unscrupulous women. Women should be given protection but not by trampling down the legitimate rights of men," he submitted.
© Copyright 2008 PTI. All rights reserved.