Bombay HC confirms women can’t be held over no- payment of cash

The Bombay high court has refused to hear a PIL which sought declaration of section 56 of the Civil Procedure Code (CPC) that prohibits police from detaining or arresting women for non-payment of money as ultra vires to the principles of equality under articles 14 and 15 of the Indian Constitution.

The high court said that article 15(3) of the Constitution allows the state to make a special provision for women and children.

A division bench of Chief Justice Manjula Chellur was hearing the PIL filed by 82-year-old Solapur-based lawyer, Shrikrishna Eknath Godbole.

Mr Godbole argued that as the articles say that all are equal before the law, there should be no discrimination based on gender while executing the law.

“We have considered the contentions raised by the petitioner but are unable to agree that section 56 of CPC,

which prohibits arrest or detention of women in the execution of the decree for payment of money, violates the principle of equality enshrined in articles 14 and 15 of the Constitution of India. Taking into consideration the object of such provision, the classification between men and women is quite reasonable, and the classification has sufficient nexus with the object,” the bench ruled.

It observed: “Section 56 of the CPC, which makes special provision for women, is clearly a provision relatable to article 15(3) of the Constitution of India, and therefore, there is no reason to declare the same as unconstitutional.”

The court also relied on the Kerala high court judgment of Cyril Britto versus Union of India where the court had specifically rejected the contention that section 56 of CPC, which protects women from arrest or detention in execution of money decree, is ultra vires of articles 14 and 15 of the Constitution of India.