Kerala High Court Admits Plea Seeking Effective Execution of Domestic Violence Act Orders

The Kerala High Court admits plea seeking effective execution of Protection of Women from Domestic Violence Act orders. Case involves a 24-year-old woman alleging delay in executing court orders due to legislative gaps. Hearing scheduled for May 23, 2024.

In a significant development, the Kerala High Court has admitted a plea filed by a 24-year-old woman, urging the court to direct the legislature to incorporate provisions ensuring the execution of orders passed under the Protection of Women from Domestic Violence Act, 2005.

The plea, represented by the Victim Rights Centre associated with the High Court, highlighted the absence of provisions in the Domestic Violence Act for the effective enforcement of orders issued under it.

Justice A. Badharudeen, acknowledging the plea, requested instructions from the Union government on the matter. The Deputy Solicitor General and the Public Prosecutor for the State took note of the court's request.

Advocate Parvathy Menon, appearing on behalf of the Kerala Women's Commission, emphasized the necessity of legislative provisions to facilitate the prompt execution of orders under the Domestic Violence Act.

Addressing the immediate concern of the petitioner, the Court directed the Judicial First Class Magistrate-I, Kanjirappally, to consider the petitioner's case and execute the order issued in M.C. No.5/2021 within three weeks or provide reasons for the delay within seven days.

The petitioner's plea revealed that despite being granted an interim order by the Magistrate under the Domestic Violence Act on October 07, 2023, she faced hurdles in its execution due to the respondents' appeal against the order. The absence of provisions for efficient and timely execution of orders under the Domestic Violence Act exacerbated the petitioner's situation.

The plea emphasized the humanitarian purpose of the Domestic Violence Act, aiming to safeguard women's rights and address domestic violence issues within families. It argued that the Act's objectives would be compromised if orders were not swiftly enforceable.

The petitioner lamented her inability to access the benefits of the execution order or legal assistance under the Act due to the legislative gap concerning order execution.

Asserting the government's obligation to ensure effective implementation of the Domestic Violence Act, the plea urged the Court to direct the legislature to enact provisions ensuring the timely execution of orders, thereby providing expedited relief to victims.

The Court has scheduled further hearings on the matter for May 23, 2024.