STATE TIMES NEWS
JAMMU: Justice Tashi Rabstan on Saturday issued notice to the state in a petition filed to challenge the constitutional validity of J&K Protection of Women from Domestic Violence Act 2010. Advocate Himanshu Beotra appearing for the petitioner submitted that the act infringes with the fundamental rights of the residents of J&K more particularly fundamental rights as enshrined under Articles 14, 19(1) (F) and 21 of the Constitution and has prayed to declare the act as ultra vires to the Constitution.
Advocate Himanshu Beotra argued that the Act is biased on the basis of gender, creating class within class and is capable of being misused. He argued that Right to property prior to 44th amendment of the Constitution of India was fundamental right, however the same was deleted as fundamental right and was made as statuary right. But in so far as State of Jammu and Kashmir, the right to property is still a fundamental right and any law made by the State legislature of J&K which violates and infringes right to property of its citizen is required to be declared as ultra vires and the Sections 2(s), 12, 17, 19 and 23 of the impugned act deprives a person of his property and right to enjoy and use his property and creates a right in favour of women who approach the court under the impugned act, even if they do not have right, title or interest in the property as such infringes Article 19(1) (f), 14 and 21 of Constitution.
