When the Parliament enacted the most important act i.e. Protection of Women from Domestic Violence Act in the year 2005, it was hoped that women in all spheres would be protected from the “Domestic Violence” happening inside the four walls of the house from anyone who is the husband and his relatives. However what the makers did not realize while drafting the definitions of aggrieved person and respondent that even a female could do domestic violence against another female residing in the shared household or has been in a domestic relationship with each other. Though the definition of Domestic Relationship was made as gender neutral however the definition of respondent used the words “only adult male” which meant that a aggrieved person could file complaint against a respondent and the respondent must and should be a adult male person.

Thus when a mother and a daughter filed a complaint against the son/brother along with his wife i.e. daughter-in-law, the only question which came between the relief sought by them was the definition of respondent which did not include a female person who could be the perpetrator of the domestic violence conducted against them.

Let us have a look at the relevant definitions for the purpose of understanding the landmark decision of Hiral P. Harsora & Others v. Kusum Narottamdas Harsora & Others wherein the Supreme Court struck down only the words “adult male” from the definition of “Respondent” and made it gender neutral giving way to any female to file a domestic violence complaint against another female if she is subjected to domestic violence as defined under the Act by another female.

The important definitions required to be understood are:-

(a) “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;
(f) “domestic relationship” means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;
(q) “respondent” means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.
(s) “shared household” means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title
or interest in the shared household.

A reading through the definitions along with the Preamble and the Object and Reasons of why this particular Act was enacted, the Supreme Court observed that the words “adult male” in definition of respondent discriminate between persons similarly situate and are far from being in tune with, are contrary to the object sought to be achieved by the 2005 Act and hence being violative of Article 14 of the Constitution of India, liable to be struck down. Hence, only the expression “Adult male” was struck using Doctrine of Severability.

The Object of enactment of Protection of Women from Domestic Violence Act was also discussed wherein the Court observed that the phenomenon of domestic violence is widely prevalent and needs redressal by providing innovative remedies to the women who are victims of domestic violence from any kind of violence, be it physical, sexual, verbal, emotional or economic, occurring within the family.

The definition of “Domestic relationship” being a wife definition includes persons belonging to both sexes and thus a shared household includes a household which belongs to a joint family of which the respondent irrespective of any gender is a member.

Thus, by striking off the words “adult male”, the scope has been truly widened not only to support the women in distress not only from a male member but even a female member, be it a daughter, sister, or a daughter-in-law.