by Police - Bureau of Police Research and Development

The Indian Police Journalfrivolous complaints. 23 The term any other person is very vague. Itwill be very strange that a person, who is stranger, who does noton her behalf.• Provision of CounsellingAs already discussed, the Act provides for mandatory counsellingfor the parties concerned. The provision provides that the womenshould undergo mandatory counselling with the respondent. Itgoes against the very principles of counselling. The aggrievedperson and the respondent are in unequal situation and jointcounselling and it cannot be possible in such a situation. 24• Civil Remedy and Criminal OffenceAlthough, the Act provides for the Civil Remedy to the womenconcerned, however, the offence committed under the Act aremade cognizable and non-bailable. The experience shows thatonce the husband or his relatives are sent to jails, the settlementFurther, the offence is made non-bailable, it again reduces thechances of settlement.• Economic Abuse No Criteria to decide Domestic ViolenceThe Act provides that even if the male member of the familymisappropriates or disposes of his share or share of womanmember of the family in a movable or immovable assets, he maybe hauled up for committing the offence of Domestic Violence.This meaning is, in fact, against the spirit of the Act and the basicconcept of violence. 25Judicial Attitude regarding the Application of the ActThere are a number of decisions given by the different courts, includingdifferent High Courts as well as Supreme Court, giving interpretationof different provision of the Act.23 CriminalLaw Journal, February 2009, p. 17.24Ibid., Note 3, p. 295.25See Section 3 of the Protection of Women from Domestic Violence Act, 2005.156 January - March, 2013