As more than 4.7 lakh cases are pending in the country under the Domestic Violence Act, the Supreme Court on Monday expressed concern over the slow pace of progress in such cases and said that there is no support system for women since the law came into existence. 2005.
The Protection of Women from Domestic Violence Act (PWDV) was passed in 2005, with the mandate to ensure safe shelters and protection officers for women facing domestic violence. A petition, filed by the NGO, ‘We The Women of India’, revealed in 2021 that the draft “assistance plan” did not exist nearly two decades later.
“There should be a support network that needs to be established – protection officers, health care, shelters etc. If a woman faces violence, where should she go?” Advocate Shobha Gupta, who represented the petitioner, disagreed.
Following this, a bench of Justice BV Nagarathna and Justice Pankaj Mithal issued a notice to all states and Union Territories (UTs) on a petition seeking court orders for the implementation of a mechanism to support battered women. The high court heard the matter after 18 months.
In February last year, the Supreme Court observed that the situation regarding the implementation of the Domestic Violence Act was not good. The court passed guidelines for consultation between the Center and the states to ensure that the necessary programs to provide assistance and shelter to women facing domestic violence are implemented.
On Monday, the bench asked why this plan has not been installed yet.
“We find that the Domestic Violence Act is proceeding as if it were a maintenance case or any other case before the family court. This is for quick resolution. The implementation of the Act must be seen. Why the delay?” asked the bench.
Gupta, in his interviews, analyzed the affidavit filed by the Center in the matter on April 20 last year, where it was noted that there are only 3,637 security guards in the country, 2,655 of whom have “additional” cases of domestic violence. To do the action. Only 710 dedicated security officers have been appointed across India.
Protection officers under the Domestic Violence Act are expected to provide victim support, monitor the case and assist the court hearing a Domestic Violence Act case, acting as a “link” between victims, the police and the judicial process. The court in 2023 noted that according to the available data, if there is one defense officer in each district, they will deal with more than 500 “serious” cases.
“Many states have charged Revenue Officers or IAS officers. So far, it seems that none of the states are 100% compliant,” said Gupta.
According to this policy, the number of security police in each district should be fixed based on the number of cases and distress calls made by women.
However, the Centre’s affidavit shows that many states have admitted that they do not have enough security police. States have also given suggestions during the consultation with the Centre, regarding the necessary qualifications required for defense personnel. However, these states have failed to appoint dedicated security officers, and provide more money for work to already overburdened officers.
The petitioners also pointed out that a rigorous study on the implementation of the provisions of the Domestic Violence Act, the number of distress calls, and the required operational capacity has not been conducted by the Department of Women and Child Development, although the Supreme Court had passed instructions by February 2023 to the WCD Secretary to call a meeting with all states and UTs, and and Finance, Home and Social Justice Ministries, National Commission for Women, NHRC and NALSA to consider this issue.
Additional solicitor general Aishwarya Bhati also informed the court that the work of establishing ‘One Stop Crisis Centres’ and other assistance is being done under ‘Mission Shakti’. The petitioners, however, said that the project was slow.
According to available data, only 733 One Stop Crisis centers have been established although the agency approved 801 such centers. Additionally, there is a lack of awareness of the Domestic Violence Act and assistance programs.
According to the Center’s own affidavit, the complete list of One Stop Crisis Centers, protection officers, and their contact details should be prominently displayed on the websites of the WCD department, NCW, NHRC and the official websites of government human rights organizations. . However, the links providing this information are not prominently accessible on the home pages of these government agencies.
Mission Shakti’s general portal and dashboard, which is expected to display details of helpline numbers, helpline centers and data related to distress calls and is a “work in progress” with data currently unavailable for analysis.
“Protection officers should be appointed by the states,” Justice Nagarathna observed. The bench, according to its order, said, “Since the duty to work does not depend only on the government but also on the states. We consider it necessary to issue notifications to all states and Union territories.”
The bench has now tasked the Guptas and the Add Solicitor General to collate the available information and raise issues that may be resolved by the court’s order. The matter will come up for hearing on December 2, when the court will issue detailed orders.
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