Supreme Court Confirms Domestic Violence Act Applies to All Women, Regardless of Religion or Status

In a landmark ruling, the Supreme Court has declared that the Protection of Women from Domestic Violence Act, 2005 (PWDVA), applies to all women across India, regardless of their religious or social backgrounds. The judgment emphasizes the universal scope of the Act in providing protection to women from domestic violence, ensuring their constitutional rights are safeguarded.

A bench led by Justice B.V. Nagarathna and Justice N. Kotiswar Singh stated, “The Domestic Violence Act is a civil code that is applicable to every woman in India. It offers effective protection to their rights guaranteed under the Constitution, irrespective of religion or social standing.”

The ruling came in response to an appeal filed by a woman who had been battling for maintenance and compensation under the Domestic Violence Act. The Karnataka High Court had earlier ruled to re-examine her case, despite her being awarded ₹12,000 per month in maintenance and ₹1 lakh in compensation by a magistrate in 2015. Her husband challenged this decision, leading to an extended legal battle.

Initially, the husband’s appeal was dismissed due to delays. However, an appellate court later accepted his appeal, directing the magistrate to re-evaluate the case after both parties presented new evidence. The woman, dissatisfied with this order, approached the Karnataka High Court, which upheld the decision to reconsider the case.

Referring to Section 25 of the Domestic Violence Act, 2005, the Supreme Court highlighted that any order issued under the Act can be altered, modified, or revoked if there is a significant change in circumstances.

This verdict reiterates the inclusive nature of the PWDVA, ensuring that women of all faiths and social standings have access to legal protection against domestic violence, further strengthening women’s rights in the country.