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The Challenge of Subjectivity within Courts: Interpreting the Domestic Violence Act
There is an apparent apprehension within the higher judiciary on the use of the Protection of Women from Domestic Violence Act, 2005 by women. The judgments discussed here show that the courts have either reinterpreted the words of the Act to exclude relief in certain categories or cautioned the lower court judges on the procedures to be adopted. Their efforts to avoid subjectivity towards women have only resulted in creating space for judicial subjectivity against women.
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The Challenge of Subjectivity within Courts: Interpreting the Domestic Violence Act
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