Domestic Violence Act : Supreme Court Disapproves States Designating Revenue/Administrative Officials As Protection Officers

The Supreme Court has directed the Centre to file an affidavit regarding desirable qualifications and eligible terms for creation of regular cadre of Protection Officers.

While considering a writ petition filed by an organization named 'We the Women of India' , the court noted that many States have designated Revenue Officers or Members of the Indian Administrative Service (IAS) as "Protection Officers".

"The information provided by the Union has indicated that in some States, if not all, the situation is far from satisfactory. Many States have chosen to designate Revenue Officers or Members of the Indian Administrative Service (IAS) as "Protection Officers". This clearly was not the intent of the law-makers, since such revenue or administrative officials would be unable to devote time to discharge the fairly intense work required and expected of Protection Officers", the bench comprising Justices UU Lalit, S. Ravindra Bhat and PS Narasimha observed.

The court also noted that in some states, the number of Districts and their geographical dispersion is large but the number of Officers actually provided are disproportionately small compared to the geographical dispersion and vastness of the State.

The court therefore directed Centre to file an affidavit regarding the following:

1) The nature of Central Programmes/Plans outlining assistances to support the efforts under the DV Act by various States, including the extent of funding, conditions of governing financial support and the control mechanisms in place

2) To collect State-wise relevant data of litigation under the DV Act with respect to the complaints made, number of Courts, and, the relative number of Protection Officers.

3) To indicate broadly what are the desirable qualifications and eligible terms for creation of regular cadre of Protection Officers as well as the nature of their Training and other standards.

4) The desirable cadre structure and career progression for the Protection Officers.

5) The Union shall also indicate the model terms and conditions for such Protection Officers

These particulars are essential because the Protection Officers - like the Magistrates who are tasked to the implementation of the enactment, have been conceived as the backbone to effectuate the law, enacted with laudable objectives, by Parliament, the court said while directing to list this matter for further consideration on 6th April 2022.

Case: We the Women of India vs Union of India | WPC 1156/2021

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