Domestic Violence Act | By Senior Advocate N.Swaminathan, Mannarkudi | Trichy Bar Association |

Описание: Thanks to Trichirapalli Bar Association
Protection of Women from Domestic Violence Act 2005 has come into force from 26.10.2006. The Act is aimed at providing protection to wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives. The Law extends protection to women who are sisters including adopted sisters and mothers. Domestic violence under the Act includes actual abuse or threat of abuse, whether physical, sexual, verbal, emotional, or economic. Harassment by way of unlawful dowry demands to the women victim or her relatives would also be covered under the definition of Domestic violence. The Deptt. Of Social Welfare, Government of Delhi is the Nodal Department for the implementation of provisions under the Act. For effective implementation, the Rules provide for

Appointment of Protection Officers in each district as per section 8 of the Act and provide them with necessary infrastructure to enable them to start functioning
Invite applications from service providers as per Rule 11 and register them after due verification as regards their suitability
Publish the names and addresses with telephone number of the Protection Officers and the service providers.
Wide publicity to the provisions of the Act.
The Deptt. Of Social Welfare has taken decision to appoint 18 Protection Officers on contract basis for which advertisements in Times of India has also appeared today i.e., 11.12.06. Meanwhile, the Department has designated 9 Welfare Officers as Protection Officers who are currently functioning from their present place of posting in various offices of Deptt. of Social Welfare. The Protection Officers shall be under the control and supervision of the Magistrates and shall perform the duties imposed by the Magistrates {as per Section 9(2)}.

The Rules provide for duties and functions of the Protection Officers which shall be as under:

to assist the aggrieved person in making a compliant under the Act. If the aggrieved person so desires;
to provide her information on the rights of aggrieved persons under the Act.
to assist the person in making any application under section 12, or sub-section (2) of section 23 or any other provision of the Act.
to prepare a “Safety Plan” including measures to prevent further domestic violence to the aggrieved person after making an assessment of the dangers involved in the situation and on an application being moved under section 12;
to provide legal aid to the aggrieved person, through the State Legal Aid Services Authority;
to assist the aggrieved person and any child in obtaining medical aid at a medical facility including providing transportation to get the medical facility;
to assist in obtaining transportation for the aggrieved person and any child to the shelter;
to inform the service providers registered under the Act that their services may be required in the proceedings under the Act and to invite applications from service providers seeking particulars of their members to be appointed as counselors in proceedings under the Act under sub-section (1) of section 14 or Welfare Experts under Section 15;
to scrutinize the applications for appointment as Counsellors and forward a list of available Counsellors to the Magistrate;
to revise once in three years the list of available counselors by inviting fresh application and forward a revised list of Counsellors on the basis thereof to the concerned Magistrate;
to maintain a record and copies of the report and documents forwarded under section 9, 12, 20, 21, 22, 23 or any other provisions of the Act of these rules;
to provide all possible assistance to the aggrieved person and the children to ensure that the aggrieved person is not victimized or pressurized as a consequence of reporting the incidence of domestic violence;
to liaise between the aggrieved person or persons, police and service provider kin the manner provided under the Act and these rules;
to maintain proper records of the service providers, medical facility and shelter home in the area of his jurisdiction.
Similarly, the Service Provider is entrusted with the responsibility to record domestic incident report and get aggrieved person medical aid, legal aid and shelter. The Service Provider should be a registered organization as per Section 10(1) of the Act.

The Protections Officers are to be attached with the Magistrates of the courts for the area notified for each protection officer. Therefore, the Protection Officers are required to function from all the district Courts and needs a premises within the court.
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