Daily Current Affairs : 6-November-2023
The Supreme Court of India is currently deliberating a crucial question: whether a transgender woman, post-sex reassignment surgery, qualifies as an “aggrieved person” under Section 2(a) of the Domestic Violence Act, 2005. This case underscores the need to revisit legal definitions and protections in the context of transgender rights and domestic violence.
Understanding the Domestic Violence Act
- Definition of an “Aggrieved Person”: The Act defines an “aggrieved person” as any woman who has been in a domestic relationship and subjected to domestic violence.
- Forms of Domestic Violence: Domestic violence encompasses physical, sexual, verbal, emotional, and economic abuse, as well as denial of basic necessities.
- Coverage under the Act: The Act protects women in various relationships, including marriage, adoption, and joint families, but does not allow female relatives of the husband to file complaints against the wife.
The Current Case
- A transgender woman sought interim maintenance under the DV Act after sex reassignment surgery.
- The Bombay High Court ruled in her favor, emphasizing the importance of recognizing gender identity post-surgery.
Transgender Rights and Legal Recognition
- The 2019 Act enables transgender recognition, allowing self-identified gender and legal gender change post-surgery.
- Section 7 outlines the process for obtaining a revised certificate after surgery, facilitating official identity changes.
- However, the case highlighted gaps in recognizing transgender individuals as “aggrieved persons” without the revised certificate.
Criticisms of the Act
- Civil Nature: The Act’s criminal provisions require additional offenses for activation, limiting its effectiveness.
- Protection Officer Challenges: The Act’s implementation challenges stem from part-time Protection Officers, affecting support provision quality.
- Gender Neutrality: Critics argue the Act’s bias, considering only men as perpetrators, which raises constitutional concerns.
- Wide Definition: Some argue the Act’s broad definition can be misused, leading to frivolous complaints.
The Way Forward
- Gender-Based Legislation: Enact and enforce laws promoting gender equality in marriage, divorce, inheritance, and asset ownership.
- Financial Independence: Enhance women’s access to paid employment for economic empowerment.
- Surveillance: Improve data collection on violence against women for evidence-based policymaking.
- Training: Provide comprehensive training to service providers and law enforcement officers to handle violence cases effectively.
- Male Mediated Initiatives: Involve men in designing programs addressing abusers to tackle domestic violence at its root.
- Preventing Recurrence: Identify and support victims early, offering necessary referrals and support services.
- Promoting Egalitarian Norms: Integrate egalitarian gender norms into education curricula to foster equality and respect.
- Gender-Based Surveys: Conduct population-based surveys to understand the problem’s magnitude and develop informed strategies.
Important Points:
- Background of the Case:
- Supreme Court examining whether transgender women post-sex reassignment surgery qualify as “aggrieved persons” under the Domestic Violence Act, 2005.
- Understanding the Domestic Violence Act:
- Definition of an “aggrieved person”: Women subjected to domestic violence in various forms.
- Forms of domestic violence: Physical, sexual, verbal, emotional, and economic abuse, and denial of basic necessities.
- Coverage under the Act: Protects women in diverse relationships, but female relatives of the husband cannot file complaints against the wife.
- The Current Case:
- Transgender woman seeking legal recognition as an “aggrieved person” under the DV Act post-sex reassignment surgery.
- Bombay High Court ruling in favor of recognizing gender identity post-surgery, emphasizing the importance of this recognition.
- Transgender Rights and Legal Recognition:
- 2019 Act enabling transgender recognition and self-identified gender, allowing legal gender change post-surgery.
- Section 7 outlines the process for obtaining a revised certificate after surgery, facilitating official identity changes.
- Criticisms of the Act:
- Civil nature: Limited effectiveness due to criminal provisions requiring additional offenses for activation.
- Protection Officer challenges: Implementation issues arising from part-time officers, affecting support provision quality.
- Gender neutrality: Act’s bias, considering only men as perpetrators, raising constitutional concerns.
- Wide definition: Debate on the Act’s broad definition potentially leading to misuse and frivolous complaints.
- The Way Forward:
- Gender-based legislation: Enact and enforce laws promoting gender equality in marriage, divorce, inheritance, and asset ownership.
- Financial independence: Enhance women’s access to paid employment for economic empowerment.
- Surveillance: Improve data collection on violence against women for evidence-based policymaking.
- Training: Comprehensive training for service providers and law enforcement officers to handle violence cases effectively.
- Male-mediated initiatives: Involve men in designing programs addressing abusers to tackle domestic violence at its root.
- Preventing recurrence: Identify and support victims early, offering necessary referrals and support services.
- Promoting egalitarian norms: Integrate egalitarian gender norms into education curricula to foster equality and respect.
- Gender-based surveys: Conduct population-based surveys to understand the magnitude of the problem and develop informed strategies.
Why In News
The Supreme Court, recognizing the significance of the issue at hand, agreed to examine the question of whether a transgender woman who underwent a sex-reassignment surgery may be called an “aggrieved person” within the meaning of Section 2(a) of the Domestic Violence Act, 2005, aiming to establish a crucial precedent in the realm of transgender rights and legal definitions.
MCQs about Transgender Recognition in Domestic Violence Act
-
What does the term “aggrieved person” refer to under the Domestic Violence Act, 2005?
A. Only women subjected to physical abuse
B. Women, regardless of relationship status, facing domestic violence
C. Women in marriage or adoption relationships only
D. Female relatives of the husband filing complaints against the wife
-
Which court ruling emphasized the importance of recognizing gender identity post-sex reassignment surgery in the context of the Domestic Violence Act?
A. Delhi High Court
B. Mumbai High Court
C. Supreme Court of India
D. Calcutta High Court
-
What does Section 7 of the 2019 Act allow transgender individuals to do?
A. Change their names legally
B. Seek a revised certificate after sex reassignment surgery
C. File complaints against anyone discriminating based on gender identity
D. Apply for government financial assistance
-
What is one criticism mentioned in the essay regarding the Domestic Violence Act?
A. The Act only covers physical abuse, excluding other forms of domestic violence
B. Protection Officers are overqualified, leading to inefficiency in implementation
C. The Act assumes men as the only perpetrators, which raises constitutional concerns
D. The Act doesn’t provide any legal support to victims of domestic violence
Boost up your confidence by appearing our Weekly Current Affairs Multiple Choice Questions
