Hiral P. Harsora & Others v. Kusum Narottamdas Harsora & Others
Bench: Division Bench — 2 Judges (Kurian Joseph & Rohinton Fali Nariman JJ)
Parties
Facts of the Case
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) defines 'respondent' in Section 2(q) as 'any adult male person who is, or has been, in a domestic relationship with the aggrieved person.' This definition effectively limited who could be proceeded against under the PWDVA to adult males. Female relatives of a husband (mother-in-law, sister-in-law, etc.) — who in practice are frequently perpetrators or abettors of domestic violence — could not be proceeded against directly as 'respondents' under the Act. The petitioner sought a declaration that this limitation in Section 2(q) was unconstitutional as violating Article 14 (equal protection) since it excluded female perpetrators from PWDVA liability.
Legal Issues Before the Court
- 1Does the restriction in Section 2(q) PWDVA — limiting 'respondent' to 'adult male person' — violate Article 14 of the Constitution?
- 2Can female relatives (mother-in-law, sister-in-law) who perpetrate domestic violence be proceeded against under the PWDVA?
- 3Should the words 'adult male' in Section 2(q) be read down or struck down to make the definition gender-neutral?
The Judgment
The Supreme Court struck down the words 'adult male' from Section 2(q) of the PWDVA. The Court held that limiting the definition of 'respondent' to adult males was arbitrary and violated Article 14, since domestic violence is frequently committed or aided by female relatives of the husband (especially mother-in-law and sister-in-law). By excluding female perpetrators from PWDVA liability, the Act defeated its own protective purpose. After striking down 'adult male', the definition now reads 'any person who is, or has been, in a domestic relationship with the aggrieved person' — making the PWDVA gender-neutral on the respondent side.
Key Principles Laid Down
GENDER-NEUTRAL RESPONDENT — PWDVA: After Hiral Harsora (2016), any person — male or female — who is or has been in a domestic relationship with the aggrieved person can be proceeded against as a 'respondent' under the PWDVA. Female relatives (mother-in-law, daughter-in-law, sister-in-law) are no longer excluded from PWDVA liability.
ARTICLE 14 — ARBITRARY CLASSIFICATION: Restricting PWDVA respondents to 'adult male persons' was an arbitrary classification — it excluded female perpetrators of domestic violence from liability without a rational basis, defeating the Act's protective purpose.
READING DOWN — STRIKING 'ADULT MALE': The Court used the technique of reading down — striking out the limiting words 'adult male' from Section 2(q) — rather than striking down the entire sub-section or the Act. This preserved the legislation while removing the unconstitutional restriction.
DOMESTIC VIOLENCE IN INDIA — REALITY: The Court acknowledged that in the Indian context, female relatives of the husband — particularly mother-in-law — are frequently the perpetrators or facilitators of domestic violence against daughters-in-law. Limiting the Act to male respondents was inconsistent with this reality.
Impact on Indian Law
Hiral Harsora (2016) is the leading case on the scope of 'respondent' under the PWDVA. It has made the PWDVA a more effective protective instrument by allowing proceedings against female family members who perpetrate or abet domestic violence. The case is widely cited in matrimonial and domestic violence litigation. It is also an example of constitutional reading-down technique — using Article 14 to strike a limiting word and expand the reach of protective legislation.
Frequently Asked Questions
Can a mother-in-law or sister-in-law be proceeded against under the Domestic Violence Act?
Yes — after Hiral P. Harsora v. Kusum Narottamdas Harsora (2016). The Supreme Court struck down the words 'adult male' from Section 2(q) PWDVA — which had previously limited 'respondents' to adult male persons. After this judgment, any person (male or female) who is or has been in a domestic relationship with the aggrieved woman can be a respondent. A mother-in-law, sister-in-law, or other female relative who perpetrates domestic violence can be proceeded against under the PWDVA.