Domestic Violence Act : Supreme Court Asks Union To Hold Meeting With States/UTs To Address Inadequacy Of Protection Officers

The Apex Court was hearing a petition seeking direction to the Union Government, State Governments and the Union Territories regarding appointment, notification and establishment of Protection Officers, Service Providers and Shelter Homes, in terms of Protection of Women from Domestic Violence Act, 2005. Advocate Shobha Gupta represented the petitioner "We the Women of India" and Additional Solicitor General Aishwarya Bhati represented the Union Government.

A Bench comprising Justice S. Ravindra Bhat and Justice Dipankar Datta directed the Ministry of Women and Child Development to place on record the current status of implementation of Mission Shakti (integrated women empowerment programme), the umbrella scheme for safety, security and empowerment of women schemes. It specifically asked for certain information, including information on the aspect of the number of one-stop centres proposed in each district; the staffing pattern for these centres; and the data on distress calls.

The Union Government has also been asked to disclose the details of the common portal and dashboard proposed to be set up. It is also required to provide material to demonstrate how Mission Shakti shall act as an umbrella scheme for implementation of the Domestic Violence Act, especially with respect to the statutory officers and remedies provided in the Act. The Bench directed the Union Government to file an affidavit elucidating the action taken by it, within a period of six weeks.

Since the Court took cognisance of the matter, it has passed orders asking the Union Government to collect data. In view of the same, the Union Government had provided data pertaining to litigation under the DV Act in each state; the nature of Central programmes and plans outlining assistance to support efforts under the Act; broad indications as to what are the desirable qualifications and eligible terms for creation of regular cadre of POs, their cadre structure.

Subsequently, NALSA conducted a study which indicated that 4.71 lakh cases under the DV Act were pending as on 01.07.2022. Another 21,088 cases were pending in appeals and revisions. The number of Protection Officers appointed was also indicated. The numbers are quite low. The Union Government filed an affidavit indicating that a programme, ‘Mission Shakti’ has been framed under which 801 One stop centres have been set up in the districts. In these 801 districts about 4.4 lakh cases are pending. The Bench noted that if there are one officer in each district, they would be required to monitor 500 cases on an average, which is not an appreciable ratio. It was pointed out that the nature of responsibility of the officers are all-encompassing and not comparable to judicial officers. They are required to make spot visits for surveys and inspections, act as the interface between the survivor, the police and the judicial process. Therefore, it is crucial to have more Protection Officers in each district.

[Case Title: We The Women of India v. UoI And Ors. WP(C) No. 1156/2021]