The Supreme Court of India has issued key directives to all States and Union Territories to implement the Domestic Violence Act, 2005 effectively—ensuring the appointment of Protection Officers, legal aid for women, and the availability of shelter homes.

Landmark Guidance for Empowering Women and Enforcing Rights

In a significant step toward safeguarding women’s rights, the Supreme Court of India has mandated all States and Union Territories to strengthen the implementation of the Protection of Women from Domestic Violence Act, 2005 (PWDVA).

This comes following a plea from the NGO We The Women of India before a bench headed by Justices B.V. Nagarathna and S.C. Sharma, emphasizing the urgent need for enforcement at the grassroots level.

Key Directives Issued by the Supreme Court

The court delivered a comprehensive set of instructions designed to empower women in distress and streamline support systems:

• Appointment of Protection Officers: States and UTs are instructed to designate officers from the Department of Women and Child at the district and taluka levels as Protection Officers under Section 9 of the Act.
• Public Awareness Campaigns: Under Section 11, the court mandated widespread publicity of the Act’s provisions through media and coordinated efforts by state departments.
• Legal Aid for Women: The National Legal Services Authority (NALSA) is to ensure that all levels of Legal Services Authorities inform distressed women of their right to free legal aid.
• Accessible Shelter Homes: Within ten weeks, States and UTs must identify and activate shelter facilities like Nari Niketan, one-stop centers, and other women’s homes.

Responsibilities of State and Central Governments

Both state and central governments are held accountable for timely execution. Key responsibilities include:

Ensuring that all Protection Officers fulfill their duties post-appointment.

Completing designations within six weeks if not already in place.

Promoting provisions of the Act under the government’s obligation as outlined in Section 11.

Coordinating ministries to ensure smooth implementation of services to women.

Legal Backing for Free Legal Aid

Under Section 9(d) of the Domestic Violence Act, combined with Section 12 of the Legal Services Authorities Act, 1987, the court reinforced the legal right of women to receive prompt legal aid. Member Secretaries at every level must publicize this right effectively.

Shelter and Support Services Must Be Functional Within 10 Weeks

In accordance with Section 10, departments must appoint service providers and ensure that shelter homes are operational. This is crucial for offering immediate and safe refuge to victims of domestic violence.

Conclusion: A Pivotal Step Toward Women’s Empowerment and Justice

The recent directive by the Supreme Court of India marks a significant milestone in the fight against domestic violence. By mandating the appointment of Protection Officers, enhancing public awareness, guaranteeing free legal aid for women, and ensuring the availability of shelter homes, the court has reinforced the practical enforcement of the Domestic Violence Act, 2005.

This judgment sends a strong message that safeguarding women’s rights is not just a policy goal but a legal obligation for every State and Union Territory. Implementation at the grassroots level, coupled with proactive legal and social support, is essential to building a safer and more just society for women across India.