'We Have Taken Steps For Effective Implementation of the Protection of Women from Domestic Violence Act': UOI Tells Supreme Court
The Supreme Court bench of Justices B.V. Nagarathna and Nongmeikapam Kotiswar Singh recently heard a petition seeking directions to the Union Government, State Government, and Union Territories on the appointment, notification, and establishment of Protection Officers, Service Providers, and Shelter Homes under the Protection of Women from Domestic Violence Act, 2005 (PWDVA).It adjourned...
The Supreme Court bench of Justices B.V. Nagarathna and Nongmeikapam Kotiswar Singh recently heard a petition seeking directions to the Union Government, State Government, and Union Territories on the appointment, notification, and establishment of Protection Officers, Service Providers, and Shelter Homes under the Protection of Women from Domestic Violence Act, 2005 (PWDVA).
It adjourned the matter for six weeks after the Union submitted that it was working on implementing the directions passed by the court on February 25, 2023. The Union also submitted that it has taken further steps for the effective implementation of the PWDVA.
On February 25, 2022, the court took cognisance of the petition and asked for some details on the Statewise litigation data under the PWDVA. It sought information on the nature of central programs or plans outlining assistance under the PWDVA and a broad indication as to what the desirable terms of creation of a regular cadre of Protection Officers, Career Progression and Cadre Structure etc.
Pursuant to the further orders, a study was conducted by the National Legal Service Authority (NALSA) which indicated that 4, 71, 684 cases were pending under the PWDVA as of July 1, 2022. Approximately 21,008 appeals and revision petitions have been pending. The data on the appointment of Protection Officers in the States were collated and presented to the court.
A bench of S. Ravindra Bhat and Dipankar Datta examined all the information and called the overall picture “dismal”. It found that many States had appointed only a few Protection Officers and some States had assigned additional duties to existing officers, while some had only one Protection officer per district.
The court also referred to the affidavit submitted by the Union Government which indicated that 'Mission Shakti' under the Union Ministry of Women and Child Development (MWCD) has been framed as an umbrella scheme for ensuring safety, security and women empowerment. Under this, 'One Stop Centres' numbering 801 are emissioned.
The Additional Solicitor General, Aishwarya Bhati for the Union had told the court that all centres are functioning. However, the court stated that it has not been apprised of satisfactory details on the nature of duties discharged by Protection Officers and how 4.41 lacs cases are pending in 801 districts.
It observed that the appointment of one Protection Officer in some districts is grossly inadequate as it would lead to one officer having to monitor not less than 500 cases on average.
The court observed: “The nature of responsibilities which each Protection Officer is required to discharge are intensive and not of the kind expected of judicial officers. Protection Officers are required by law to conduct on the spot surveys, inspections, assist the courts by acting as the interface between the victims, police and the judicial process. Their reports, especially for emergency orders are crucial. In these circumstances, it would be necessary that the Union of India takes an intensive look into these aspects.”
Pursuant to this, on February 24, 2023, the court passed certain directions listed below:
The Secretary of the Union Ministry of Women and Child Development (MWCD) to convene a meeting with the Principal Secretaries of all States and Union Territories to look into the inadequacy of Protection Officers under the PWDVA. The meeting shall be attended by the Union Finance Secretary, Secretary National Commission for Women, the nominee of the Chairperson National Human Rights Commission, Secretary Union Ministry of Home Affairs, Secretary Social Justice and Empowerment and a nominee of the Chairperson of the NALSA.
The meeting shall be in regards to finding how many cases have been assigned to each Protection Officers, how many courts are required to be looked after each Protection Officers, current strength of Protection Officers in each districts and whether that is adequate to meet needs in that specific area. It sought suggest on requisite guidelines for assessing strength of Protection Officers and directed conducting an empirical study and collate information gathered from States on their experience of implementing PWDVA.
The MWCD to place on record the current status of the implementation of Mission Shakti. Specify information on number of One-stop Centres proposed in each districts, number of One Stop Centre made functional, place where the One Stop will be situated, staffing pattern, requisite manpower and nature of workload, whether hospitals/police station and local bodies are required to mention contact details of One Stop Centres etc.
The Union shall indicate the provisions under the PWDVA in relation to Mission Shakti and how it shall act as an umbrella scheme for the implementation of PWDVA.
Case details: We The Women of India v. Union of India & Ors, Writ Petition (C) No. 1156/2021