New Delhi: Domestic violence is rampant in Indian households.
Ministry of Women and Child Development said a total of 2,95,601 complaints have been registered under the Protection of Women from Domestic Violence (PWDV) Act in India.
“As per information received from states/UTs, a total of 2,95,601 complaints/litigations have been registered under PWDV Act, whereas several courts for the purpose have been reported as 6,289. There are 807 shelter homes and over 700 one-stop centers (OSCs) to take care of women affected by violence and in distress across the country,” the Ministry told the Supreme court in an affidavit
It said as per the provisions of the PWDV Act, the responsibility of its implementation mainly lies with the state governments and UT administrations, as they have been authorized to appoint protection officers in each district by notification.
It added that the Central government implements various programmes or schemes through states to support the efforts of each state under the PWDV Act. The ministry said most states/UTs have indicated that at least one protection officer along with supporting staff should be in each district.
“As per information received from states/UTs, the total number of protection officers notified under PWDV Act in the country is 36,37 and out of which 710 are holding a regular charge, 272 are working on contract basis and remaining are holding an additional charge,” it added.
The ministry said states/UTs have assigned additional charges of the post of protection officer to the departmental officers looking after child welfare or protection, or women’s welfare. It added that the protection officers are appointed by the state governments and they can be selected/appointed from a non-government organization also.
On the aspect of a separate cadre for protection officers for various Acts for women – The Dowry Prohibition Act, the PWDV Act, The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013, The Prohibition of Child Marriage Act, etc, the ministry said: “Majority of states/UTs have proposed for a separate cadre structure for protection officer for effective implementation of PWDV Act, as per information received from them so far.”
According to the Centre, there are 35 projects or schemes being implemented by various ministries, under Nirbhaya Fund.
Additional Solicitor General Aishwarya Bhati represented the Central government in the top court.
The Centre’s response came on a plea filed by NGO ‘We the Women of India” seeking to plug massive gaps in infrastructure under the PWDV Act, across the country for providing effective legal aid to females abused in matrimonial homes. The NGO also sought the creation of shelter homes for women post lodging complaints against husbands and in-laws. The NGO was represented by advocate Shobha Gupta.
On February 25, a bench headed by Justice U.U. Lalit and comprising Justices S. Ravindra Bhat and P.S. Narasimha noted that 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 was not the intent of the lawmakers, since such revenue or administrative officials would be unable to devote time to discharge the fairly intense work required and expected of protection officers,” noted the bench, in its order.
It had asked the Centre to file an affidavit on the nature of central programmes/plans outlining assistance to support the efforts under the domestic violence act by various states, collect state-wise relevant data of litigation under the Act concerning the complaints made, number of courts, and, the relative number of protection officers (POs), and other aspects connected with POs.
“This court thinks that 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.”
