The Supreme Court has held that Centre Government shares the responsibility with States in ensuring implementation of the provisions of the Domestic Violence Act 2005.

The full-judge bench of Justice UU Lalit, Justice S. Ravindra Bhat and Justice PS Narsimha observed that the Protection Officers are backbone to effectuate the law just like the Magistrates.

The Court analysed the Counter-Affidavit filed by Centre in the matter to note that in some States, if not all, the situation is far from satisfactory. The Court pointed out that many States have chosen to designate Revenue Officers or Members of the Indian Administrative Service (IAS) as “Protection Officers" which is clearly was not the intent of the law-makers as such revenue or administrative officials would be unable to devote time to discharge the fairly intense work required and expected of Protection Officers.

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 added.

Considering the facts, the Court sought Centre's reply in an affidavit on the below points:

a. 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.
b. 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.
c. 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.
d. The desirable cadre structure and career progression for the Protection Officers.
e. The Union shall also indicate the model terms and conditions for such Protection Officers.

The Court has also urged Centre Govt to allocate funds for the enforcement of the rights under the Domestic Violence Act 2005.

In this hearing, two weeks more time has been granted to furnish the information.

Case Title: WE THE WOMEN OF INDIA vs UNION OF INDIA & ORS.

Case Detail: Writ Petition (Civil) No.1156/2021

Coram: Justice UU Lalit, Justice S. Ravindra Bhat and Justice PS Narsimha

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25th Feb, 2022

6th April, 2022

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