Protection of Women from Domestic Violence
Domestic Violence is widely prevalent but has remained largely invisible due to social forbearance. The Protection of Women from Domestic Violence Act, 2005 came into force on October 26, 2006. PWDVA seeks to protect women from all forms of domestic violence and check harassment and exploitation by family members or relatives.
Domestic Violence refers to any act, omission or conduct which causes harm or injury or has the potential of harming or injuring the health, safety or well-being of women or any child in a domestic relationship (arising out of living together with or without marriage).
Following are the stakeholders under the Act:-
- Protection Officer
- Service Provider
- Legal Service Authority
In every district, the Programme Officers (ICDS) Scheme is declared as Protection Officers.
The duties and functions of the Protection Officer are:-
- To assist the Magistrate in the discharge of his/her functions under this Act.
- To make a domestic incident report to the Magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the Police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area.
- To make an application in such form and in such manner as may be prescribed to the Magistrate, if the aggrieved person so desires, claiming relief for issuance of a Protection Order.
- To ensure that the aggrieved person is provided legal aid under the Legal Services Authorities Act 1987 and make available free of cost the prescribed form in which a complaint is to be made.
- To maintain a list of all services providers providing legal aid or counselling, shelter homes and medical facilities in a local area within the jurisdiction of the Magistrate.
- To make available a safe shelter home, if the aggrieved person so requires and forward a copy of his report of having lodged the aggrieved person in a shelter home to the police station and the Magistrate having jurisdiction in the area where the shelter home is situated.
- To get the aggrieved person medically examined if she has sustained bodily injuries and forward a copy of the medical report to the police station and the Magistrate having jurisdiction in the area where the domestic violence is alleged to have been taken place.
- To ensure that the order for monetary relief under section 20 is complied with and executed, in accordance with the procedure prescribed under the Code of Criminal Procedure,1973.