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Into Legal World




Domestic violence means violent or aggressive behaviour within home involving violent abuse. Although both men and women can be abused, in most cases, the victims are women and children. Domestic violence is those acts which take place daily behind closed doors and within close relationships. Domestic Violence isn't just hitting, or fighting, or an occasional argument. It is an abuse of power as one partner feels he is in the dominate position. The aim of the abuser is to torture and control the victim by calculated threats, intimidation, and physical violence. It is a slow death of the victim giving a strong negative impact on his/ her dignity and self-worth not only in the eyes of the society but also in his/ her own eyes. Does it put the victim into debates such as why to live and not end my life? Who will be worst affected if I commit suicide? Who is the better person to be approached to help me with this problem? Is keeping silent the best way to fight and deal with this situation? Can I get answers for this problem from the religious books and guides? What are the people thinking or will think of me? How will and from where I will find the courage to face my family, friends, colleagues and society? Therefore the victim suffers both physically as well as psychologically.   

According to statistical data, 55% of woman are victims of domestic violence. In order to deal with this brutality and age-old practise of treating a woman with cruel behaviour and acts, The Protection of Women from Domestic Violence Act, 2005 was enacted by the Indian Parliament. The Act came into effect on 26th October 2006. The Act in conformity with the UN Model Legislation on Domestic Violence. The Act consists of 37 sections, 5 chapters and 7 Forms. The stated objective of the act is to provide “for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family”. 

This Act is said to be an outcome of the women’s movement in India. Until 1983 there was no separate law enacted for the protection of woman from cruelty and domestic abuse. The provisions under the Indian Constitution, Section 323 to 326, Section 352, Section 498A and Section 301 of the Indian Penal Code and Section 113A of the Indian Evidence Act were cited and applied in cases of domestic violence. Therefore justice came in bits and pieces to the woman as she had to run from pillar to post for seeking various reliefs inadequately available under various Acts. 

The important events that led to the enactment of the Act were: - The Domestic Violence Bill 2001, the drafting of a Bill by National Commission for Women (NCW) in 1994 and the Bill by Lawyers Collective in 1999. Further being a signatory to The Convention on Elimination of All Forms of Discrimination Against Women (CEDAW, December 1993) and Platform for Action, India accepted violence against women to mean “any act of gender-based violence that results in, or likely to result in physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private. Therefore it was important for India to enact a law. Finally, On 24th August 2005, the Indian Parliament passed the Act.

The salient features of the law are (a) the recognition of the second wife and ‘other’ women’s rights, (b) the recognition that domestic violence can be physical, psychological sexual, verbal and economic (c) the enunciation of the rights of women to live in their marital homes, (d) the provision of ad-interim protection orders, (e) the creation of an official cadre called protection officers and recognition for NGOs as service providers, and (f) the provision of positive entitlements, maintenance, protection from future violence the rights to custody over children- as opposed to mere penalization of the husband. 

The important sections and provisions under the Act are as follows.

Section 2(f) defines the domestic relationship as a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family. 

Section 3 of the Act defines domestic violence as “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it- (a) harms or injures or endangers the health safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security (c) has the effects of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) Otherwise injures or cause harm, whether physical or mental, to the aggrieved person. It further provides explanations of some of the terms used in the definition of Domestic Violence- (i) “Physical abuse” (ii) Sexual abuse (iii) Verbal and emotional abuse include- (iv) Economic abuse.  

Section 4 of the Act states “any person who has reason to believe that an act of domestic violence has been, or is being or is likely to be committed may inform the “Protection officer”. It further specifies that there is no civil or criminal liability on the informant in good faith. Therefore it creates a social responsibility on members of the community at large who have an obligation to react against violence and act vigilantly. 

Section 5 of Act creates a social-moral responsibility on judicial, law enforcement, legal medical and social institutions to provide assistance to victims and survivors, informing them of their rights and securing immediate relief. It specifies the duties of the police, service providers, protection officers and magistrates.

  Section 6, 7, 10 and 11 creates the responsibility on the government to provide institutional support for victims such as shelter homes, medical facilities and service providers. Section 6 clarifies that shelter homes are bound to provide shelter, Section 7 clarifies that the person in charge of a medical facility shall provide medical aid to the aggrieved and Section 10 lays down the duties of service providers, which include, the recording of Domestic Incidence Reports (DIRs) getting the Victim medical assistance, ensuring her with shelter and also ensures immunity from prosecution. Section 11 lays down the various duties of the Government to give the Act wide publicity, to coordinate different ministries, departments, periodical review and to ensure that protocols for the various ministries concerned including courts are prepared and put in place. 

The role of the Protection Officers are dealt under Section 9, 30, 33 Section 8 of the Act specifies that, as far as possible, protection officer shall be a woman and appointed as a full-time position. Section 9 of the Act defines the duties and functions of the protection officers.

Provisions for Relief under the Act are laid down under Sections 18 to 22. Different forms of relief that are available to victims of domestic violence are Protection Orders under Section 18, Residence Order under Section 19, Monetary Relief under Section 20, Custody Order under Section 21 and Compensation Order under Section 22. 

Section 23 provides for interim ex-parte orders. Section 26 and 28 are important provisions that could be put to use to the fullest extent in getting to provide relief under the Act in any civil, criminal, Family court and also to, lay their own procedures in disposing of applications under the Act. 

Section 12, 13, 14, 15 and 16 in the Act define some of the provisions and procedures for obtaining orders for relief.  Applications to the Magistrates are made under Section 12 can be made in Form 11, then the Magistrate should fix the date of hearing not beyond three days of the receipt of the application, and the case should be disposed off within 60 days from the date of its first hearing. Section 13 specifies that the notice of hearing should be given to the Protection Officer to serve on the respondents within two days and that the official should file a declaration for the service of the notice. Section 14 states that the Magistrate may direct either party to undergo counselling whereas Section 15 clarifies that the Magistrate may use the service of a welfare expert-preferably a female- to assist him/her. Section 16 specifies that proceedings may be held in camera. Section 17 speaks about the right of a woman to residing in the shared household.

The most important essence of this enactment is Section 36 that the Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. 

The major problems faced with the implementation of this Act are the lack of coordination between the Victim, Protection Officer and Courts, the criminal violation of the protection orders and custody orders passed by the Hon’ble Courts, the filing of domestic violence complaint has led to increase in the filing of divorce cases, the Protection officers are often overloaded with work and thus fail to do justice and none of the Courts has been able to achieve the provision of a timeline of 60 days for the passing of orders thus creating delays injustice. Further, it has been observed that the hearing of the Interim Application itself is delayed for more than 2 years as cases are adjourned on frivolous grounds. Also, the fact that many people still question the need for this Act and perceive this Act as “anti-men.” This has unfortunately created an “us” versus “them” group and branding each case as not genuine questioning its credibility, thus leading to major hindrance in the implementation of this Act. On a definite note, the Act is not anti-men because a look at the historical background shows that there was the dire need of such law for the protection of woman from violence. The fact that a Law is being highly misused should not make one question the origin or need of the very existence of such a law. What is required is to check upon those loopholes and bring about suitable amendments. To completely brand an Act as a tool to use against a community and means to gain equality in the society is wrong and absurd.  Further, this law is well within the Constitutional framework and Article 15(4) gives power to the State to make law and special provision for woman and children, and thus the Act does not violate Article 14 of the Indian Constitution. 

Some of the landmark judgments passed under this Act are as follow:- 

  1. S.R. Batra vs. Smt. Taruna Batra (Order dated 15th December 2006) the Hon’ble Supreme Court dealt with the definition of Shared household.

  2. Anthony Jose v. State of NCT, Delhi & Others, (Order dated 5th December 2008) the Hon’ble Court dealt with the question on quashing of a complaint under Section 12 of Domestic Violence Act.

  3. Ajay Kumar Jain v. Baljit Kaur Jain, (Order dated 21st May 2009) the Hon’ble Court dealt with the provision for Alternate Accommodation under Section 19 of Domestic Violence Act. 

  4. V.D.   Bhanot   Vs.   Savita   Bhanot, (7th February 2012) the Hon’ble Supreme Court was of the view that the Domestic violence Act has a retrospective application.

  5. Ashish Dixit vs. State of UP and Another, (Order dated 7th January 2013) the Supreme Court has held that a wife cannot implicate one and all in a Domestic violence case.

  6. Roma Rajesh Tiwari vs Rajesh Dinanath Tiwari, (Order dated 12th October 2017) the Hon’ble Bombay High Court elaborated on the Right of Women to Reside in her Matrimonial Home or shared household. 

  7. Lalita Toppo vs. the State of Jharkhand and Another, (Order dated 30th October 2018) the Hon’ble Supreme Court held that maintenance can be claimed under the provisions of the Protection of Women from Domestic Violence Act, 2005 even if the claimant is not a legally wedded wife and therefore not entitled to claim of maintenance under Section 125 of Code of Criminal Procedure.

  8. Binita Dass vs Uttam Kumar, (Order dated 9th August 2019) the Hon’ble Delhi High Court held that Magistrate cannot deny interim maintenance to a wife only because she has earning capacity or is a qualified person. 

  9. Kamlesh Devi vs Jaipal and Others, (Order dated 4th October 2019) the Hon’ble Supreme Court held that a mere vague allegation is not sufficient to bring the case within the Domestic Violence Act.

  10. P. Rajkumar & Anr. Vs. Yoga @ Yogalaxmi, (Order dated 23rd October 2019) the Supreme Court Proceedings under Domestic Violence under Act and Section 125 Cr.P.C are independent proceedings.


Laws of Extradition

Laws of Extradition

Generally, each state is having jurisdiction all over the persons residing in their territory but sometimes there may be cases when a person after committing a crime may move or run to any other country for saving himself. In such condition, the country from where the person has escaped finds itself helpless to exercise jurisdiction to punish the guilty person. This situation is very crucial for determining peace and order. In such cases, peace and order can be maintained in the country when there will be an international co-operation between the countries. As itis a social principle to punish the offenders, therefore, the principle of extradition has been recognized as if there will be no such kind of cooperation among countries then it will be difficult for exercising jurisdiction in other countries and punishing the offenders for their offences. The term extradition denotes the process whereby under the treaty or upon a basis of reciprocity one state surrenders to another state at its request a person accused or convicted of a criminal offence committed against the laws of the requesting state, such requesting state is competent to try the alleged offender.


Definition of Extradition

According to Starke-The term extradition denotes the process whereby under the treaty or upon a basis of reciprocity one state surrenders to another state at its request a person accused or convicted of a criminal offence committed against the laws of the requesting state, such requesting state is competent to try the alleged offender According to Grotius-It is the duty of each state to punish the criminals or to return them to the states where they have committed the crime.[1From the above definitions we can conclude that by process of extradition the offenders can be punished easily either they ran to any other country just to save themselves, as it is the duty of each state to punish the criminals, therefore, various laws and treaties are made or are being formed for dealing with such cases and situations easily.


Purpose of Extradition

The purpose of extradition is to prevent crimes and to punish the criminals who have escaped from their punishment and started to reside in another country. As we know it would be easier for the country to punish the offender where he had committed the offence and it would be easy to gather evidence against him for that particular offence even if the country is unable to punish him due to technicalities of law or lack of jurisdiction then he can be taken back to home country through the process of extradition. Thus, the object of the process of extradition is to prevent and reduce crimes in the international field. Thus the role of extradition is to prevent crimes and punish criminals as it is the interest of all countries to punish the criminals and prevent the crimes because the country in which a person of criminal character resides, it is in the interest of such country to ensure extradition of such a person but it also depends on a bilateral treaty and upon the principle of reciprocity but where there is no treaty or agreement then the country can request the other country where the offender is residing to extradite the fugitive or offender and it is in the interest of security and law and order of such country to extradite the accused.


Extradition, in international law, the process by which one state, upon the request of another, effects the return of a person for trial for a crime punishable by the laws of the requesting state and committed outside the state of refuge. Extraditable persons include those charged with a crime but not yet tried, those tried and convicted who have escaped custody, and those convicted in absentia. The request distinguishes extradition from other measures—such as banishment, expulsion, and deportation—which also result in the forcible removal of undesirable persons.

Case study

Ram BabuSaxena V. State

This case deals with section 7 of the Indian Extradition Act, 1903. His lordship concluded that the Extradition Treaty between the Tonk State and the British Government in 1869 is not capable of being given effect to in the present day in view of the merger of the Tonk State in the United State of Rajasthan. As no treaty rights exist, Section 18 of the Extradition Act has no application and as Section 7 of the Act has been complied with there is no ground upon which we can interfere. Thus, the Supreme Court dismissed the appeal. In November 1990, two Burmese students were persuaded to land at Calcutta airport. They had hijacked Thai International Airbus with 205 passengers and 16 members to highlight the cause of restoration of democracy in their country. Their six-point charter of demands, written in blood, included restoration of democracy in Burma, ending military rule, the release of all political prisoners and direct dialogue with the Burmese Government. The Indian Government refused to hand them over to Burmese or Thai authorities. However, the Indian Government has charged them under the Anti-Hijacking Act, 1982 and for criminal conspiracy.


Abu Salem Abdul Qayoom Ansari vs. State of Maharashtra & Anr on 10 September 2010 CRIMINAL APPEAL NO. 990 OF 2006


When Abu Salem entered the United States, they tipped off the Federal Bureau of Investigation (FBI), which tailed him. Abu managed to get out of the US and entered Portugal. FBI went on to tip the Lisbon authorities that immediately seized the Indian gangster. And, the tables turned. Abu Salem found himself on the receiving end and, the Mumbai police. Punjabi Singer Sukhwinder Singh Maan released a song composed by Abu Salem while lodged in Tihar Jail.






There is a divergence of opinion on the question as to whether International Law and Municipal Law on the various national laws can be said to form a unity being manifestations of a single conception of law or whether International Law constitutes an independent system of law essentially different from the Municipal Law. International Law has developed in a form which is different from that of Municipal Law. The relation has been categorized traditionally been characterized from monist or dualist perspective.


International Law

According to the Black’s Law Dictionary

“International Law” is defined as: “The legal system governing the relationship between nations; more modernly the Law of International relations  embracing  not only nations but also such participants as  International organizations and individuals (such as those who invoke their human rights or commit war crimes)”

International law is the set of rules generally regarded and accepted as binding in relations between states and nations. It differs from national legal systems in that it only concerns nations rather than private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform.

The term "international law" can refer to three distinct legal disciplines:

  1. which jurisdiction may hear a case, and
  2. the law concerning which jurisdiction applies to the issues in the case.
  • Supranational law or the law of supranational organizations, which concerns regional agreements where the laws of nation states may be held inapplicable when conflicting with a supranational legal system when that nation has a treaty obligation to a supranational collective.

The two traditional branches of the field are:

  • Jus gentium  : is the body of treaties, U.N. conventions, and other international agreements [law of nations] – Law is common to all nations
  • Jus inter gentes: agreements between nations

Municipal Law

According to the Black’s Law Dictionary

“Municipal Law” is defined as: “The ordinances and other laws applicable within a city, town or other local government entity”.

Basically, Municipal law is the national, domestic, or internal law of a sovereign state defined in opposition to international law. Municipal law includes not only law at the national level, but law at the state, provincial, territorial, regional or local levels. While, as far as the law of the state is concerned, these may be distinct categories of law, international law is largely uninterested in this distinction and treats them all as one. Similarly, international law makes no distinction between the ordinary law of the state and its constitutional law.


Article 27 of the Vienna Convention on the Law of Treaties provides that, where a treaty conflicts with a state's municipal law (including the state's constitution), the state is still obliged to meet its obligations under the treaty. The only exception to this rule is provided by Article 46 of the Vienna Convention, where a state's expression of consent to be bound by a treaty was a manifest violation of a "rule of its internal law of fundamental importance.”


Relationship between International and Municipal Law

It is important to understand how international law principles become part of domestic law, and to explain what happens if the rules conflict. The theories of monism and dualism are the two main theories that explain the relationship between international and municipal law.


  • Monism

In this theory, all law is part of a universal legal order and regulates the conduct of the individual State. The difference in the international sphere is that the consequences are generally attributed to the State. Since all law is part of the same legal order, international law is automatically incorporated into the domestic legal order. Some monist theorists consider that international law prevails over domestic law if they are in conflict; others, that conflicting domestic law has some operation within the domestic legal system.


  • Dualism

This theory holds that international law and domestic law are separate bodies of law, operating independently of each other. Under dualism, rules and principles of international law cannot operate directly in domestic law, and must be transformed or incorporated into domestic law before they can affect individual rights and obligations.

The main differences between international and domestic law are thought to be the sources of law, its subjects, and subject matter. International law derives from the collective will of States, its subjects are the States themselves, and its subject matter is the relations between States. Domestic law derives from the will of the sovereign or the State, its subjects are the individuals within the State, and its subject matter is the relations of individuals with each other and with government.


  • Harmonisation

Neither monism nor dualism can adequately explain the relationship between international and domestic law, and alternative theories have developed which regard international law as having a harmonisation role. If there is a conflict, domestic law is applied within the domestic legal system, leaving the State responsible at the international level for any breach of its international law obligations.


Position of International Law with the Constitution framework of India

The drafters of the Indian Constitution have been extremely vague in defining the status of international law in the municipal sphere. Our Constitution provides little guidance as to the relationship between international law and municipal law. This ambiguity looms large in the absence of any debate in the Constitutional Assembly on the subject and the studied silence of Constitutional pundits.

The primary issue is whether our Constitution makes a mere textual disposition of the relationship of International Law and Municipal Law. Apart from the express provisions of the Constitution, we also need to rely on actual State practice. Article 51(C)[1] (which falls within the realm of the Directive Principles that are non-justifiable in character) of the Constitution specifically mentions International Law and imposes a duty on the state to respect it. But the jurisdiction of the court to enforce them in the domestic arena has been limited by virtue of Article 37. In this backdrop, it is interesting to take note of 'The Regulating Act of 1873', which directed all Courts in India to act in accordance with "equity, justice and good conscience". On the basis of this principle, Common Law rules were transplanted into the Indian Municipal Law. It seems that India has barely deviated from its preconstitutional position in the matters of basic canons governing the principles of International law and Municipal Law.

It is a well-established principle that constitutional conventions may also breathe through legislative or constitutional enactments;[2] So, the common law rules automatically became unwritten Constitutional law of a supplementary character. It is an important principle of Constitutional interpretation that every provision of the Constitution must be given effect to. Therefore, these rules continue to be in force in the Indian legal setting by virtue of Article 225 and 37 of the Constitution of India. These provisions are based on the universally recognised principle that law once established, continues until changed by some competent legislative power. The Indian Independence Act, 1947 also incorporated the same principles under section 18(3). Therefore, such practices will be of binding nature in International Law as well as in the Municipal sphere. Hence under Article 372 of the Constitution such practices will have the force of law and India will be bound to observe the same. A composite reading of the Articles 51(c),253 and 372 suggest that India has not deviated from the common law position. Therefore, India will have the same legal practice of treating customary International Law as part of the law of the land provided that it is not inconsistent with the existing statutory provisions and the national charter.

Regarding treaties they have to be transformed into enabling legislation. In the Indian context, the ratification of a treaty doesn't ipso facto transform it into domestic law. The nonobstante clause under Article 253 of the Constitution bestows on the Parliament exclusive competence to legislate upon the treaties entered into by the Government of India.

However, Dr. P.C. Rao aptly cautions that by virtue of Article 73, "The executive power extends to all transactions which bring the Union into the relation with any foreign country or other international person". Accordingly, when there is a controlling executive; recourse cannot be had to principles of Customary International Law. Nor can such principles override the case law.

Supreme Court has held in several cases such as Vishakha vs. State of Rajasthan, Randhir vs. Union of India, Unnikrishnan vs. State of Karnataka, that domestic laws of India, including the constitution are not to be read as derogatory to International law. An effort must be made to read the domestic law as being in harmony with the international law in case of any ambiguity. At the same time, the constitution is still the supreme law of the land and in case of any directly conflict the constitution will prevail.

The above inspection of the Constitutional provisions amply clarifies the status of international law in the domestic field.


There are mainly two theories- monistic and dualistic which are used to study the relationship between the internal and international law. Monistic theory is based on natural law which suggests that internal law as well as international law is a part of the same law and there is no need for separation between them. But the dualistic theory which is based on positive law says that domestic law and international law are separate entities. The nation state need not obey international law unless it accepts to do so. Though both theories has its own place in international law, few countries in this world follow pure dualism or monism. The countries follow international law when it is in their favour and do not follow when it is not. This is what we can see in the international scenario.


[1] Article 51 of the Constitution corresponds to (I) Article 29 of the Constitution of Eire, 1937; (II) Article 28,29,30 of the USSR, 1977 and (III) Article VI Cl. (2) of the Constitution of the United States. Apart from this it has close similarity to some of the International Charters and Covenants such as (a) Article 28, 29 of the Universal Declaration of the human Rights, 1948; (II) Articles 1 and 2 of the International Covenant on Economic, Economic, Social and Cultural Rights 1966; And (III) Articles 1, 4 and 22 of the International Covenant Civil and Political Rights, 1966.

[2] Supreme Court on Record Advocate Association v. Union of India, (1993) 4 SCC 441 1993 Indlaw SC 494.

Defamation: Types and Legality

Defamation: Types and Legality


Defamation is a process of lowering the reputation of any person. It can be done either in oral or in writing in the form. When it is done in written form then it is called libel and when it is done oral form then it is termed as slander. The defamation is basically publication of false statements against the claimant without his consent with the intention to lower his reputation. It is considered as an offense because it causes damages to the claimant in the form of lowering social or political reputation. Which results in financial and economical loss to the claimant.

The basic elements of defamation are-

-The statement should be published.

- The statement should be false.

-The statement should refer to the claimant.

Categories of defamation in India-

  1. Criminal defamation
  2. Civil defamation


a)Criminal defamation is dealt with under section 499- 500 of Indian Penal Code (IPC) Any person who is charged for defamation under criminal law should be charged for punishment along with damages. The punishment for defamation under criminal law is imprisonment for 2 years or more with or without fine

According to IPC crime defamation will take place when any person publishes any statement with the intention to lower the reputation of the claimant and the statement published is false. The statement should refer to the claimant only during this situation the plaintiff can institute a case of defamation against the defendant.

R Naik Vs Union of India[1]

In this case section, 499 and 500 of IPC were challenged by the plaintiff for criminal defamation. The validity of section 499 and 500 became academic in this case.


b) Civil defamation is dealt under tort law as a general rule it only focuses on libel that is the written defamation statement and does not focus on slander that is the oral defamation statement. In order to prove that the statement libelous. The claimant has to prove that-

-The statements are false.

-The statements are written.

-The statements are defamatory.

-The statements are published.

Ram Jethlalmana vs Subramyam Swami[2]

In this case, the court held that the statement made by the defendant was irrelevant. The aim was to destroy the image of the person. The defendant made the statement with the intention to lose the reputation by linking his name with the corrupt company. The statement ruins the social and political republican of the plaintiff. The plaintiff was awarded 5 Lakhs by the defendant.



From the above two cases, we can say in India defamation is both tort and crime. In the case of tort civil laws are applied. Where punishment is not given only damages are given. And in the case of Crime criminal laws are applied and along with damages, punishment is also given. In criminal law, defamation is considered as a bailable offense.


















[1]R.Naik Vs Union of India 1994 AIR1558

[2]Ram Jethmalani Vs Subramyam Swami AIR 2006,Delhi 300,126 DLT 535




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