MOHIT YADAM Vs. STATE OF A P

JUDGEMENT

(1.) The Union Parliament has plenary power of legislation within the field of legislation committed to it, and subject to certain constitutional restrictions, it can legislate an Act to operate prospectively as well as retrospectively. It is, however, a cardinal principle of construction that every statute is prima facie prospective, unless it is expressly or by necessary implication, made to have retrospective operation.

(2.) The Protection of Women from Domestic Violence Act, 2005 (Act 43 of 2005) (for short, hereinafter referred to as 'the Domestic Violence Act, 2005') was enacted keeping in view the rights guaranteed under Articles 14, 15 and 21 of the Constitution of India to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. The World Conference of Human Rights held in Vienna in 1993 and the declaration on elimination of violence against women in the same year, concluded that civil society and the Governments have acknowledged that violence against women is a public health and human rights concern. Therefore, to provide for more effective protection of rights of women, who are victims of violence of any kind occurring within the family, guaranteed under the Constitution, and for the matters concerned thereto or incidental thereto, the Domestic Violence Act, 2005 has been passed. In exercise of powers conferred by sub-section (3) to Section 1 of the Domestic Violence Act, 2005, the Central Government appointed 26th day of October, 2006 as the date on which the provisions of the said Act came into force. Every modern legislation is initiated with some goals and objectives and speaking broadly has some beneficial purpose and reason. Whether the legislation made by the Parliament is 'prospective' or 'retrospective' in operation, is the question to be decided in these two Criminal Petitions.

(3.) For sake of convenience, the parties are hereinafter referred to as they are arrayed in the respective D.V.Cs.