Domestic Violence Act : Supreme Court Seeks Centre's Response To PIL Seeking Enforcement Of Provisions To Assist Victim Women

The Supreme Court today issued notice to the Central Government in a writ petition seeking proper implementation of the mandatory provisions of Chapter Ill, of the Protection of Women from Domestic Violence Act, 2005, for appointment and functioning of Protection Officers and Service Providers and effective establishment of Shelter Homes for the protection of victims of domestic violence under the Protection of Women from Domestic Violence Act, 2005.

A bench comprising Justices UU Lalit and S Ravindra Bhat said that it was not issuing notice to States at this juncture. The bench issued notice to Centre alone, returnable by December 6. The response is to be filed by November 30.

The petition was filed by an NGO "We The Women of India", represented by Advocate Shobha Gupta. It is argued in the petition that for the successful implementation and execution of the 2005 Act, it is necessary that the contact details of concerned 'Protection Officers' or the 'Service Providers' as well as the 'Shelter Homes', is made easily available and accessible to the aggrieved women, for necessary and timely assistance.

The petitioner also seeks relief for initiation and strict and regular implementation of the awareness campaigns related to crime against women has also been sought in the petition.

In this regards the petitioner further contended that for this purpose it is necessary that in all the Districts in each State and Union Territory, a list of 'Protection Officers'/ 'Service Providers'/ 'Shelter Homes' with all contact details, is made available on the Official Websites of the Ministry of Women and Child Development, also in all the police stations of
each district and also on the website of the National Commission and State Commission(s) for Women.

"The domestic violence cases against women in domestic relationship is a matter of serious concern. According to the Report 2019 of the National Crime Records Bureau, out of 4.05 lakhs cases under 'crimes against women' that were reported, over 30% of cases were of domestic violence. The National Commission for Women (NCW) reported more than twice the increase in domestic violence complaints received by them during the lockdown due to
Covid-19 Pandemic," the petition states.

Contending that the scheme of the Act provides recourse to aggrieved person/complainant for directly approaching the Protection Officers, Service Providers, Shelter Homes for help, the petitioners in the petition have further averred that this facility is contingent on the fact that these authorities are appointed as per the Act and the information to contact these authorities is made available to the public via various modes.

"The legislature has even acknowledged the problem awareness among the masses and provided a provision in the Act for regular publicity of the provisions of the Act mandated under Section 11(1). The legislature clearly identified the problems and provided solutions for it, nonetheless a statute is only a basic framework. Efficient enforcement is just as pertinent, if not more so, because without proper enforcement of the provisions the object of the Act is completely defeated, which is the problem that has to be remedied via this petition," petition also states.