In a significant step for women's rights, the Supreme Court has directed all States and Union Territories to take immediate steps for the full implementation of the Protection of Women from Domestic Violence Act, 2005 (PWDVA). A bench of Justices BV Nagarathna and Sanjay Karol was hearing a petition filed by NGO 'We the Women of India'.
The Court stressed the importance of making the provisions of the Domestic Violence Act functional at the ground level. The Court passed detailed orders for the appointment of protection officers, providing free legal aid and ensuring access to shelter homes for women in distress.
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"We direct the States and Union Territories to identify officials of the Department of Women and Child Development working at the district and taluka levels as protection officers and appoint them to the post," the court ordered.
As per Section 9 of the PWDVA, these protection officers should be appointed within six weeks, wherever the process is pending. Their role is crucial in ensuring protection, coordination and support for women facing domestic violence.
The court also directed the chief secretaries of each state and Union Territory and officials of the Department of Women and Child Development to actively monitor and ensure compliance.
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"Wherever the appointment has not been made, such process should be completed within a period of six weeks from today," the court said.
Public awareness also formed an important part of the judgment. Under Section 11, the state and central governments are required to spread awareness about the Act through media and coordination between the departments.
The court said, "The respondent-State and the Union Territory shall give wide publicity through public media about the provisions of the Act to ensure effective coordination and delivery of services." Additionally, the bench highlighted the legal right of women to free legal aid under Section 9(d) of the PWDVA read with Section 12 of the Legal Services Authorities Act, 1987.
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The court clarified that "under the provisions of the Act, an aggrieved woman is entitled to get free legal aid and advice."
In view of this, the National Legal Services Authority (NALSA) was directed to inform its state and district-level counterparts to spread awareness about the rights to legal aid. Member Secretaries at all levels should provide prompt assistance and guidance to any woman seeking assistance.
The Supreme Court further ordered to identify shelter homes (like Nari Niketan, One-Stop Centre) within ten weeks and take steps to make them functional. These facilities should be easily accessible to women in need.
"The respondent-States and Union Territories are directed to identify and notify shelter homes at the district and taluka level within a period of ten weeks from today," the court directed.
Case Details : WE THE WOMEN OF INDIA v UNION OF INDIA AND ORS.,W.P.(C) No. 1156/2021
