Aruna Parmod Shah v. Union of India

In the case Aruna Parmod Shah v. Union of India, a man charged with domestic violence against his female live-in domestic partner challenged the 2005 Protection of Women from Domestic Violence Act, arguing that it was unconstitutional because it protected only women and violated Article 14 of the Constitution by not offering the same protection to men, thereby discriminating on the basis of gender. He also objected to the Act's inclusion of women in “relationships in the nature of marriage,” arguing that treating live-in relationships the same as legal marriages undermines the sanctity of marriage and dilutes the rights of legally wedded wives.

The Delhi High Court rejected these arguments, upholding the constitutionality of the Act. It affirmed that women in live-in relationships, not just legally married women, are also protected under the law. The Court emphasized that the Act aims to address the widespread problem of domestic violence against women, including in non-marital, marriage-like relationships. It found that such protection does not reduce the rights of legally wedded wives, nor does it make the law discriminatory against men, since the law’s classification serves a legitimate social purpose.

Topics

• Domestic and intimate partner violence
• Gender-based violence in general

Geographical location

• Asia
• India
• Delhi

Keywords

• domestic violence

Year

• 2008

External URL

• Aruna Parmod Shah v. Union of India

Court

• High Court of India

Type

• Domestic Case Law

Jurisdiction

• India