Section 36 of the Protection of Women from Domestic Violence Act, 2005 – Act Not in Derogation of Any Other Law
Section 36 of the Protection of Women from Domestic Violence Act, 2005 clarifies the legislative intent that this Act functions in addition to, and not as a substitute for, other prevailing laws. It ensures that the remedies provided under this Act do not limit or override legal protections available under other statutes.
Supplementary Nature of the Act
The provision states that the Act is not meant to derogate from any existing law. In simpler terms, it acts as a supplementary remedy rather than an exclusive one. Women facing domestic violence may simultaneously seek relief under other laws such as the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), Hindu Marriage Act, 1955, or other family laws.
Legal Significance
By incorporating Section 36, the legislature ensures that victims are not restricted to the remedies within this Act alone. For instance, a woman can file for maintenance under Section 125 CrPC while also seeking protection orders, residence orders, or monetary relief under the Domestic Violence Act.
Practical Implication
This section strengthens the legal framework by providing multiple avenues of justice. It prevents conflicts of jurisdiction and ensures that victims are not denied justice merely because they pursue remedies under different laws.
Conclusion
Section 36 safeguards the complementary role of the Domestic Violence Act, ensuring it coexists harmoniously with other laws to provide comprehensive protection and justice to women.