Daijiworld Media Network – New Delhi
New Delhi, Jun 3: In a significant move aimed at ensuring the effective implementation of the Domestic Violence Act, the Supreme Court has directed the Centre, States, and Union Territories to appoint Protection Officers within six weeks and follow a set of detailed guidelines to strengthen the support system for victims of domestic violence.
The directions were issued in a detailed judgment released on the Supreme Court's website, following a May 20 hearing by a bench comprising Justices B V Nagarathna and Satish Chandra Sharma. The court observed that although the Protection of Women from Domestic Violence Act has been in force for nearly two decades, its implementation across India has remained uneven and inadequate.
The court noted that multiple states were assigning domestic violence responsibilities to officers already overburdened with duties under the Integrated Child Development Scheme (ICDS), such as Anganwadi workers. Senior advocate Shobha Gupta, appearing for the NGO We the Women, argued that this arrangement was leaving vulnerable women and children unsupported, as these officers were unable to dedicate adequate time to domestic violence cases. Gupta stressed that designating ICDS or Anganwadi workers as Protection Officers was insufficient.
In response, the Supreme Court issued seven key directions:
1. Identification and designation of protection officers:
The court directed States and Union Territories to identify officers from the Department of Women and Child Development at the district and taluka levels and designate them as Protection Officers. These officers are to perform duties as defined under Section 9 of the Domestic Violence Act.
2. Timeline for appointment – Six weeks:
The court mandated that the Chief Secretaries and Women and Child Development Secretaries of States and Union Territories must ensure that such designations are made within six weeks, particularly in areas where officers have not yet been appointed.
3. Awareness about provisions of the act:
Referring to Section 11 of the Act, the Supreme Court instructed both the Centre and States to widely publicise the rights and protections available under the Domestic Violence Act. The section mandates that government officials, including police and judicial officers, undergo regular sensitisation and training.
4. Implementation of section 11 by centre and states:
The court said the Centre must take "adequate and sufficient steps" to implement Section 11, including preparing protocols across Ministries related to law, home affairs, health, and women’s welfare for service delivery to victims. It emphasised inter-departmental coordination and periodic reviews of progress.
5. Free legal aid for victims:
Noting that distressed women are entitled to legal aid under Section 9(d) of the Act and Section 12 of the Legal Services Authority Act, the court directed the Member Secretary of the National Legal Services Authority (NALSA) to inform all State Legal Services Authorities. These state bodies must ensure that their district and taluka-level counterparts give wide publicity to the legal aid entitlements of victims.
6. Duties of member secretaries:
The Supreme Court stressed that Member Secretaries at the state, district, and taluka levels must provide prompt legal aid when approached by aggrieved women. The court emphasised that free legal assistance must not only be available but also actively offered and advertised.
7. Shelter homes to be notified in ten weeks:
The court ordered the identification and notification of shelter homes, Nari Niketans, and one-stop centres for victims of domestic violence at the district and taluka levels. The directive must be implemented within ten weeks.
The court also directed authorities to empanel NGOs and recognised service providers under Section 10 of the Act, who can assist in filing Domestic Incident Reports, facilitate medical examinations, and coordinate with Protection Officers and police.
The court underlined that these measures were only the first step towards ensuring a functional and sensitive system to protect women from domestic violence. It also indicated that it may issue further directions to improve coordination and implementation in the future.
This landmark order is expected to significantly enhance institutional support for domestic violence victims, offering clearer roles, stricter timelines, and accountability mechanisms across administrative layers.