On February 18,
the Supreme Court imposed a penalty of ₹5,000 on the states of Andhra Pradesh,
Arunachal Pradesh, Himachal Pradesh, Madhya Pradesh, Maharashtra, Meghalaya,
Odisha, Telangana, West Bengal, Assam, and the Union Territories of Dadra and
Nagar Haveli, Daman and Diu, Jammu and Kashmir, Ladakh and Lakshadweep for
failing to submit a status report on the effective implementation of the
Protection of Women from Domestic Violence Act, 2005 (PWDVA).
The Court granted
an additional two weeks for compliance, directing the penalized states and UTs
to deposit the fine with the Supreme Court Mediation Centre.
A bench comprising
Justices B.V. Nagarathna and N.K. Singh had previously passed an order on
December 2, 2023, emphasizing the need for effective implementation of the
PWDVA. This followed submissions by Senior Advocate Shobha Gupta, representing
the petitioner, We The Women of India, a non-governmental
organization.
Recommendations Submitted by the
Petitioner:
1.
Appointment
of Protection Officers – Each district must have at least one protection
officer, as mandated by Section 8 of the Act, based on population size and the
number of domestic violence cases reported.
2.
Training
and Sensitization – Protection officers should receive regular legal
training and sensitization to effectively support victims.
3.
Shelter
Homes & Medical Facilities – States and UTs should establish
adequate shelter homes and medical facilities for victims. Mission Shakti's
'One Stop Center’s may be utilized but should extend their stay beyond the
current 3-5days limit.
4.
Legal Aid
Services
– District and State Legal Services Authorities should maintain a panel of
lawyers to provide free legal assistance to victims.
5.
Implementation
of the Act
– While Mission Shakti and One Stop Centers may supplement
the Act’s framework, they cannot replace its mandatory provisions. A National
Portal should be created to provide comprehensive information about
available support services.
6.
Periodic
Review
– The functional status of the 'Assistance Network' should be reviewed
regularly.
7.
Centralized
Fund Allocation
– A dedicated funding scheme should be established for each State/UT to ensure
effective implementation, including widespread awareness campaigns and
stakeholder training.
8.
Cadre
Structure for Protection Officers – Recruitment rules should be framed, and
a structured cadre should be created to ensure adequate support for protection
officers.
9.
Stakeholder
Coordination
– A compiled list of key stakeholders (protection officers, service providers,
shelter homes, and medical facilities) should be available at police stations
and local administrative offices. ASHA workers, Anganwadi workers, legal
service authorities, and NGOs should collaborate to enhance outreach.
10.
Data
Collection and Analysis – A nationwide study should be conducted
to assess distress calls to helplines (181, 100) and domestic violence
complaints, facilitating better resource allocation.
11.
Expedited
Case Disposal
– Given the significant delays in resolving domestic violence cases, especially
those involving interim maintenance orders, the Court should mandate a
time-bound resolution process.
Case
Details:
WE THE
WOMEN OF INDIA v UNION OF INDIA & ORS., W.P.(C) No. 1156/2021
