New Delhi, Feb. 7 -- The Supreme Court has cautioned against indiscriminately implicating family members in domestic violence cases without specific charges, emphasising the need for precise allegations and evidence.
In a landmark judgement, a bench of Justices B V Nagarathna and N Kotiswar Singh highlighted the delicate nature of domestic disputes, warning that sweeping accusations can misuse criminal processes and potentially damage family relationships.
"In criminal cases relating to domestic violence, the complaints and charges should be specific, as far as possible, as against each and every member of the family who are accused of such offences," the court stated.
The verdict came while quashing criminal proceedings against family members of an accused in a domestic violence case, including the Telangana High Court's previous refusal to dismiss charges against a maternal aunt and cousin. The court emphasised that not all family members who remain passive during alleged harassment are necessarily perpetrators. "There may be situations where some family members may turn a blind eye to violence or harassment, which does not necessarily mean that they are also perpetrators of domestic violence," the bench observed.
Recognising the complexity of domestic violence, the court noted that such incidents typically occur within private spaces, making direct evidence challenging to obtain. "Providing visible evidence by the victim of domestic violence may not be easily forthcoming," the judgement acknowledged.
The apex court stressed that while the Protection from Domestic Violence Act, 2005, was enacted with an expansive scope to criminalise domestic violence, courts must carefully examine specific allegations against perpetrators.
"Institution of family constitutes the core of human society," the court said, underlining that domestic relationships are guided by deeply ingrained social values and cultural expectations.
The bench warned that criminalising domestic disputes without specific allegations could have "disastrous consequences for the institution of family, which is built on the premise of love, affection, cordiality and mutual trust."
Invoking criminal processes is a serious matter with significant consequences, the court noted, and should only be permitted when there are specific, attributable acts supported by credible evidence.
The judgement seeks to strike a balance between protecting domestic violence survivors and preventing the indiscriminate criminalisation of family members.
"The purpose of the law was to protect the survivors of domestic violence and a balance had to be struck by ensuring that while perpetrators were brought to book, all the family members or relatives were not indiscriminately brought within the criminal net," the court concluded.
Published by HT Digital Content Services with permission from Millennium Post.