It prohibits detention of women who default on payments

The Delhi High Court on Monday sought response from the Centre and the Law Commission of India on a petition seeking quashing of Section 56 in the Code of Civil Procedure (CPC), which prohibits arrest or detention of women who default in paying their dues.

‘Unequal protection’

The petition claimed that the provision gives “unequal and unreasonable protection” to women based on gender.

It said that the provision violates Article 14 (equality before law) and Article 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) of the Constitution.

A Bench of Acting Chief Justice Gita Mittal and Justice C. Hari Shankar has sought response from the Ministry and the Law Commission by February 6, the next date of hearing.

The plea filed by Anil Kumar, who in employed in a non-banking finance company NBFC, claimed that the provision was misused by “intentionally cheating and causing wrongful loss to the banks and NBFCs by not replaying vehicles, property or personal loans”.

“Women have been taking loans in personal capacity and for the recovery of money, banks and NBFCs have to spend a lot of money in filing the civil proceedings against the defaulters...,” the petition said.

Undue advantage

“These women are taking an undue advantage of Section 56 due to its discrimination. Women defaulters are well aware that they are protected by Section 56 and no recovery of money could be affected without fear of arrest or detention,” the petition added.