PIL Filed in SC Seeking Proper Implementation of Mandatory Provisions of Domestic Violence Act, Supreme Court Issues Notice to Union Government
(Judicial Quest News Network)
The Supreme Court today issued notice in a petition seeking proper Implementation of Chapter III of the Protection of Women from Domestic Violence Act,2005 (We the Women of India union of India & others)
Appointment and functioning of protection officers and Service providers and effective establishment of shelter homes for the protection of victims of Domestic Violence Act.2005.
A division bench comprising of Justices UU Lalith and S.Ravindra Bhat while issuing the notice said that it would not issue notice to the states,in order to avoid confusion.
“We will then put the case in the basket of Central government for monitoring. Issue notice to respondent 1,2, and 3. Let replies be filed by December 6, 2021,” the order said.
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 Home” is made easily available and accessible to the aggrieved women, for necessary and timely assistance.
The petition has also sought the directions to the Central and State Governments to conduct regular awareness campaigns related to crime against women.
The petition further demanded 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 and for this purpose it is necessary that in all the Districts in each State and Union Territory, a list of ‘Protection Officer’/Service Providers/’Shelter Homes’ with all contact details. Is made available on the Official Website of the Ministry of Women and Child Development, also in all the police stations of each district and also on the websites of the National Commission and State Commission(s) for Women.
It is also necessary for effective implementation of the provisions of 2005 Act, that not only wide publicity is given to the provisions of 2005 Act, but also that the aggrieved women have easy access to the ‘Protection officers/Service Providers/ Shelter Homes also that the authorities dealing with crime against women are trained and sensitized by way of periodic training, as envisaged and mandated under section 11 of the 2005 Act,
The NGO have citizen’s network group having members from all walks of life including Lawyers, academicians, Doctors, Students, Social Activists, Educationists, etc. This forum has been created to address the issues related to women across the board, to work in the direction to protect their human rights, to educate them and to empower them through education and awareness.
The Domestic Violence cases against women in domestic relationship is a matter of serious concern. According to the report 2019of the National Crime Records Bureau, out of 4.05 lakhs cases under crime against women that were reported over 30% of cases were reported more thane of domestic violence. The National Commission for Women (NCW) reported more than twice the increase in domestic violence complaint received by them during the lockdown due to COVID-19 Pandemic.
The petitioner organization pointed out it is clear from that scheme that the aggrieved person/complainant can directly approach the protection Officers. Service Providers, Shelter Homes for help and necessary remedies to be recourse. This facility provided through the Act is contingent on the fact that these authorities are appointed as per the Act and information to contact the authorities is made available to the public via various modes.
