‘Judges Also Humans, Keep Learning': Supreme Court Justice Admits Error In Ruling
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The Supreme Court said that the High Courts must keep in mind that the Domestic Violence Act is a welfare legislation specially enacted to give justice to women.
Justice Abhay S Oka of Supreme Court has said that judges are also human beings and are susceptible to errors in their rulings. He openly admitted to making a mistake while ruling in a case as a Bombay HC judge in 2016 relating to interpretation of the Domestic Violence Act. He emphasised that judicial work involves continuous learning.
Justice Oka had taken a contrary view on Section 12(1) of Domestic Violence Act — which allows an aggrieved woman to seek relief, such as compensation, from a magistrate — which was later found to be incorrect by a full bench of the Bombay High Court.
Later clarifying the law, the top court said that the High Courts must keep in mind that the Domestic Violence Act is a welfare legislation specially enacted to give justice to women who suffer from domestic violence.
'Before we part with this Judgment, we must mention here that one of us is a party to a Judgment dated of the Bombay High Court in which the view taken is that a remedy under Section 482 of the CrPC is not available for quashing the proceedings under Section 12(1) of the DV Act,2005. This view was found to be incorrect by a full Bench of the same High Court. As judges, we are duty-bound to correct our mistakes in properly constituted proceedings," the Supreme Court said, according to media reports.
'Even for judges, learning process always continues," it added.
The court was considering whether the High Court could exercise its inherent powers to dismiss cases filed under Section 12 of the Protection of Women from Domestic Violence Act. The Supreme Court has stated that, due to the intent of the Domestic Violence Act, 2005, High Courts should proceed with prudence and circumspection when addressing applications under Section 12(1).
The bench further said that the interference can be made only when the case is clearly of gross illegality or gross abuse of the process of law.
First Published:
May 20, 2025, 17:05 IST
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