III. PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
- Protection of Women from Domestic Violence Act, 2005 enforced on 26.10.2006, aims at providing protection to a wife or a female live-in-partner from violence by the husband or male live-in partner or his relatives.
- Domestic violence under the Act includes actual abuse or threat of abuse, whether physical, sexual, verbal, emotional or economic.Harassment by way of unlawful dowry demands to the women victim or her relatives are also covered under the definition of Domestic Violence.
- Any aggrieved women may get following relief under the Act by the order of the Hon’ble Mahila Court:-
- Protection Order
- Residence Order
- Compensation Orders
- Maintenance Order
- Custody Order
- Any Other Order
- In the event of non-compliance of the orders of the Hon’ble Court, the respondent can be imprisoned for one year and/or penalized upto Rs. 20,000/-.
For an effective implementation of the provisions under the Act, the Dept. of WCD, Delhi Govt. has appointed 18 Protection Officers to represent each District of Delhi.
Responsibilities of the Protection Officer/s
The duties and functions of the Protection Officers are:
- To assist the aggrieved person in making a compliant under the Act. If the aggrieved person so desires.
- To provide her information on the rights of aggrieved persons under the Act.
- To assist the person in making any application under section 12, or sub-section (2) of section 23 or any other provision of the Act.
- To prepare a “Safety Plan” including measures to prevent further domestic violence to the aggrieved person after making an assessment of the dangers involved in the situation and on an application being moved under section 12;
- To provide legal aid to the aggrieved person, through the State Legal Aid Services Authority;
- To assist the aggrieved person and any child in obtaining medical aid at a medical facility including providing transportation to get the medical facility;
- To assist in obtaining transportation for the aggrieved person and any child to the shelter;
- To inform the service providers registered under the Act that their services may be required in the proceedings under the Act and to invite applications from service providers seeking particulars of their members to be appointed as counselors in proceedings under the Act under sub-section (1) of section 14 or Welfare Experts under Section 15;
- To scrutinize the applications for appointment as Counsellors and forward a list of available Counsellors to the Magistrate;
- To revise once in three years the list of available counselors by inviting fresh application and forward a revised list of Counsellors on the basis thereof to the concerned Magistrate;
- To maintain a record and copies of the report and documents forwarded under section 9, 12, 20, 21, 22, 23 or any other provisions of the Act of these rules;
- To provide all possible assistance to the aggrieved person and the children to ensure that the aggrieved person is not victimized or pressurized as a consequence of reporting the incidence of domestic violence;
- To liaise between the aggrieved person or persons, police and service provider kin the manner provided under the Act and these rules;
- To maintain proper records of the service providers, medical facility and shelter home in the area of his jurisdiction.
List of Protection Officers, Dept. of Women and Child Development, Delhi Government