Domestic Violence Act: SC Asks Union To Hold Meeting With States To Address Officers Inadequacy

The Supreme Court recently directed the Secretary of the Union Ministry of Women and Child Development to hold a meeting with the Principal Secretaries of all States and Union Territories to address issue of inadequacy of Protection Officers under the Protection of Women from Domestic Violence Act, 2005.

A division bench comprising of Justice S. Ravindra Bhat and Justice Dipankar Datta was hearing a petition filed by an NGO named ‘We The Women Of India’, seeking direction to the Union Government, State Governments and the Union Territories regarding appointment, notification and establishment of Protection Officers, Service Providers and Shelter Homes, in terms of Protection of Women from Domestic Violence Act, 2005. 

The court ordered the Ministry of Women and Child Development to document the current state of Mission Shakti’s (integrated women’s empowerment programme), the overarching programme for women’s safety, security, and empowerment.

It explicitly requested information on a variety of topics, including the number of one-stop centres proposed in each district, their staffing structure, and data on distress calls.

Since the Court took cognisance of the matter, it has passed orders asking the Union Government to collect data.

In light of this, the Union Government provided data pertaining to DV Act litigation in each state; the nature of Central programmes and plans outlining assistance to support efforts under the Act; broad indications as to what are the desirable qualifications and eligible terms for creation of regular cadre of POs, as well as their cadre structure.

Following that, the National Legal Services Authority (NALSA) conducted a study, which revealed that 4.71 lakh cases under the DV Act were still pending as of July 1st, 2022.

Another 21,088 cases were in the process of being appealed or revised. According to the data, the number of Protection Officers appointed is quite low.

The Union Government filed an affidavit stating that a programme called ‘Mission Shakti’ has been developed and that 801 one-stop centres have been established in the districts. 4.4 lakh cases are pending in these 801 districts.

The Bench noted that if each district has one officer, they would be required to monitor 500 cases on average, which is an insignificant ratio. It was pointed out that the officers’ responsibilities are all-encompassing and not comparable to those of judicial officers.

They must conduct on-the-spot surveys and inspections, as well as serve as a liaison between the survivor, the police, and the legal system. As a result, it is critical that each district have more Protection Officers.

The Court directed the Union Government to hold the first meeting as soon as possible, ideally within three months.