SC Issues Sweeping Directions for Nationwide Implementation of Domestic Violence Act

GG News Bureau
New Delhi, 3rd June: In a landmark order aimed at strengthening support for victims of domestic violence, the Supreme Court has directed the Centre, all States and Union Territories to ensure full implementation of the Protection of Women from Domestic Violence Act, 2005. The apex court has mandated the appointment of Protection Officers across the country within six weeks and laid down seven detailed directions to address systemic gaps.

A bench led by Justices B.V. Nagarathna and Satish Chandra Sharma passed the order on May 20, with the detailed judgment uploaded today on the Supreme Court’s website. The court noted that although the Domestic Violence Act has been in force for nearly two decades, its enforcement remains inconsistent across the nation.

“These directions are being issued as initial steps to ensure the Act’s implementation in all respects,” the bench observed.

Seven Key Directives

1. Appointment of Protection Officers:
The court ordered all States and UTs to designate officers from the Department of Women and Child Development at district and taluka levels as Protection Officers under Section 9 of the Act.

2. Six-Week Deadline:
Chief Secretaries and Secretaries of Women and Child Development Departments have been tasked with completing these appointments within six weeks where such designations have not already been made.

3. Public Awareness and Training:
Emphasising Section 11 of the Act, the Court called for widespread publicity and regular sensitisation of police, judiciary, and government officials. It also directed better coordination among Ministries handling law, health, home affairs, and human resources.

4. Central Government Responsibility:
The Court stated that the Centre must also fulfil its obligations under Section 11, including formulating and implementing protocols across relevant ministries to support women facing domestic abuse.

5. Free Legal Aid for Victims:
The Court invoked Section 9(d) of the Act and Section 12 of the Legal Services Authorities Act to affirm that distressed women are entitled to free legal aid. The National Legal Services Authority (NALSA) has been directed to ensure this is communicated and implemented at all levels.

6. Role of Legal Services Authorities:
Member Secretaries at State, District, and Taluka levels have been instructed to actively disseminate information about legal aid availability and respond promptly to women seeking help.

7. Shelter Homes and Service Providers:
States and UTs must identify and notify shelter homes at district and taluka levels within ten weeks. The court also called for empanelling of NGOs and service providers under Section 10 to support victims, including with medical assistance and documentation.

Context of the Case

The matter reached the apex court after concerns were raised that in many states, Protection Officer duties were being assigned to officials already handling the Integrated Child Development Scheme (ICDS), burdening them further and leaving victims inadequately supported.

Senior Advocate Shobha Gupta, representing the NGO We the Women, argued that ICDS and Anganwadi workers were overstretched and ill-equipped to handle domestic violence cases. The court concurred, stating that specialised attention is essential to safeguard vulnerable women and children.

This ruling is expected to have a transformative impact on the enforcement of women’s rights and access to justice across India. Further compliance and review mechanisms may be introduced in future hearings.