If you check on Google, about definition of cruelty in domestic cases, the definition is usually "some kind of physical act which involves some kind of physically harmful act".
It does involve something like "Mental Cruelty".
Some acts may be cruel-looking to some person or judge. It may not be so cruel-looking to another person or another Judge. The word cruel here is subjective.
The subjective definitions-element cannot be allowed in criminal cases.
It will lead to arbitrary and unsure justice. Anarchy.
It each case, litigants will be at mercy of vagaries of law because no one will be sure about exact definition of cruelty.
In one case, I tried to argue and tried to persuade judges to look into how cruelty is understood by jurists of other countries.
But the Judges said, they have to look into definitions given under Indian laws only. They are bound by these laws.
The laws in India are certainly not well drafted.
They are prepared by few under some notions or pressures and passed without a public debate.
It requires legislatures years and years to correct a badly drafted law. By then millions suffer at hands of badly drafted laws.
Those who are concerned and awake in this area, must make concentrated efforts to bring about changes in law and to make laws fair and easy to administer.
Haresh Raichura
4/6/13 15:35
