Supreme Court Directs Appointment of Protection Officers to Enforce Domestic Violence Act Effectively
The Supreme Court, in We the Women of India vs. Union of India & Ors., directed the Centre, States, and Union Territories to ensure effective implementation of the Protection of Women from Domestic Violence Act, 2005. A Bench of Justices BV Nagarathna and Satish Chandra Sharma mandated the appointment of Protection Officers under Section 9 of the Act, designating officials from Women and Child Development departments at district and taluka levels. These officers will assist aggrieved women with domestic incident reports and coordination of support services.
5/22/20252 min read
In the landmark case We the Women of India v. Union of India & Ors. (W.P. (C) No. 1156/2021), the Supreme Court addressed the critical issue of inadequate implementation of the Protection of Women from Domestic Violence Act, 2005 (PWDVA). The petition, filed by the NGO "We the Women of India," highlighted the severe shortage of Protection Officers (POs), essential for assisting survivors of domestic violence. Despite the Act's mandate for at least one PO per district, data revealed that only 710 dedicated POs were appointed nationwide, with many states assigning additional responsibilities to revenue or administrative officers, undermining the Act's intent.
The Supreme Court, comprising Justices S. Ravindra Bhat and Dipankar Datta, expressed deep concern over the dismal state of PWDVA's implementation. The Court emphasized that POs are the backbone of the Act, facilitating victims' access to legal remedies and support services. Assigning POs as an additional charge to existing officials diluted their effectiveness and contravened the Act's objectives. The Court also noted that with over 4.4 lakh pending domestic violence cases across 801 districts, a single PO per district would be overwhelmed, handling more than 500 cases each, necessitating an urgent increase in dedicated POs.
In its directive, the Supreme Court ordered the Secretary of the Union Ministry of Women and Child Development to convene a meeting with Principal Secretaries of all States and Union Territories, along with representatives from the Ministries of Finance, Social Justice, and Home Affairs, as well as the National Commission for Women, National Human Rights Commission, and National Legal Services Authority. The purpose was to address the inadequacy of POs under the PWDVA. The Court mandated the government to submit an action-taken report within six weeks, detailing the current status of Mission Shakti, the number and staffing of one-stop centers, data on distress calls, and plans for a common portal to manage domestic violence cases
This judgment underscores the Supreme Court's commitment to ensuring the effective implementation of laws designed to protect women's rights. By mandating the appointment of dedicated Protection Officers and enhancing support infrastructure, the Court aims to transform the PWDVA from a legislative promise into a practical reality, providing timely and effective assistance to survivors of domestic violence.