CHENNAI: Expressing concern about the way cases under the Domestic Violence Act have been handled, the chief justice of the Madras high court, H L Gokhale, called for a judicial debate on the present system to handle such cases. In an unusual out-of-court discussion by the senior high court judges and judicial officers on an already enacted legislation, the chief justice said that either the high court or the Supreme Court would have to come up with some modification in the present system, which dragged a domestic violence case straight to the court, so that the marriage could be salvaged.

Delivering his inaugural address at a two-day judicial colloquium on the justice delivery system in human trafficking and domestic violence against woman in Mahabalipuram today, Gokhale said, "Why have we brought in this law? It is mainly to prevent violence against women and also to see that the marriage survives. In dealing with these cases we must have some rethinking as judges. We should find out at what stage such a case should be brought to the court."

Expressing concern that arguments and counter arguments inside the court room by both parties to prove their points of view might not always work in the interest of the family, the chances of salvaging a marriage might also reduce, Gokhale said.

Condemning violence against woman within the family in particular and in society at large, Gokhale said given a chance every woman wanted to save her marriage. "We must have a different perspective as to how the machinery should work and I request my brother and sister judges to keep this in mind and to have a discussion on this issue," he added.

At present, cases booked under the Domestic Violence Act are straight away reported to the magistrate's court through protection officers. Ahmedabad high court chief justice designate and executive chairman of the Tamil Nadu State Legal Services Authority, S J Mukhopadhaya, also called for an improved system to be put in place to handle cases of domestic violence against woman.

Talking about the lack of adequate protection officers and a proper definition regarding the role of the protection officers and police officials, Mukhopadhaya said: "There is one protection officer appointed in each district in the state, with Chennai having two. In five districts, there are no persons posted to assist these protection officers. Moreover, the protection officers are busy attending courts from 10am to 5pm. Then how can a victim lodge her complaint? In their absence whom she should approach?"

Chief secretary, K S Sripathi, said that the state had so far received 3,485 complaints under the Domestic Violence Act, and 1,465 had been solved. The social welfare department commissioner said that efforts were on to post more protection officers and juvenile justice officers in every district.