Protection officer under the Domestic Violence Act

There has been a huge gap in the law to protect the lives of women through cases of domestic violence, which were limited to the private sector. The Domestic Violence Act, 2005 became a tool to end the lacuna and the scourge of domestic violence. The Domestic Violence Act, 2005 is India’s first major attempt to recognize domestic violence as a criminal offense. In addition to providing remedies, this action has created various opportunities and prospects for harassment and misuse of the law. The law certainly provides for the protection of women in relationships from any domestic abuse. In addition to legal remedies, it extends its protections to stay in the relationship and also allows for the plaintiff’s emergency assistance. This has been achieved by establishing a Defense Force office and acknowledging the role of service providers.

The government has been given constructive responsibilities to provide legal aid, medical services and shelter in the hope that women will be vulnerable to violence. The law is a statement of the State’s determination that violence against women will not be tolerated. And all credit goes to action maker Indira Jaising, who has put in place a number of important regulations to ensure that the state provides the necessary support and services (counseling, accommodation, legal aid, service providers) and defence officials to help people get the basic right to a non-violent life.

Protection Officers’ and Service Providers’ Roles

The PWDVA allows complaints of domestic violence to be brought to the victims themselves, security officials or service providers. The purpose of this action was to provide adequate protection for women victims of domestic violence of any kind and would have been in vain if the act had not been adequately and efficiently due to insufficient security officers and defence officials lacking the resources and climate necessary to fulfil their role under the action. By recognising that a person needs to be guided by legal and other forms of assistance, the PWDVA encourages the Security Forces to appoint and honour the role of Service Providers in providing medical, housing, legal, medical and other support services. The Defense Officer is the person responsible for assisting women in the use of such resources, as well as assisting them in obtaining good order under the Act.

Duties and functions of protection officers

The protection officer shall help the Magistrate in the execution of his duties under this Act by reporting to the Magistrate a domestic violence incident in the form and manner specified, upon receipt of an allegation of domestic violence, and transmit copies thereof to the police officer in charge of the police station within the limits of the local jurisdiction in which domestic violence is the responsibility. An application should be in the form and manner provided to the Magistrate, if the aggrieved party so desires, seeking relief for the issuance of an order of defense. He must ensure that legal assistance is given to the grieved individual under the 1987 Legal Services Authority Act, and make available the specified form in which a complaint is to be made available free of charge. 

He must keep a list of all service providers offering legal help or therapy, shelter homes and medical services in a particular area under the Magistrate’s jurisdiction. He must make a secure shelter accessible if the grieved person so needs, and forward a copy of his report to the police station and the magistrate having authority in the region where the shelter is located. He will immediately assess the grieving woman if she has suffered a physical injury and forward a copy of the medical report to the police station and the judge with authority in the area where the domestic violence is claimed to have occurred. In accordance with the procedure prescribed by the Code of Criminal Procedure, 1973, he must ensure that the order for monetary relief under section 20 is complied with and executed. The Security Officer shall be under the Magistrate’s authority and supervision and shall perform the duties levied on him by the Magistrate and the Government by, or under, this Act.

In conclusion

The Act will not succeed in reducing the levels of violence until the thinking of the patriarchs of Indian society is eradicated, Indian women are encouraged to acknowledge that violence is unbearable, and police, security, service providers, and magistrate strengthening training, incentives and co-operation are available. In addition to enforcing the provisions of the Act, additional steps must be taken by NGOs and the government to ensure that the Act is effective in protecting women.

Such measures include the completion of gender-enhancing training for all security officers, police, lawyers, judges and all other parties with an interest in implementing the Act; provision of advertising and legal education; an increase in the number of lawyers qualified to provide legal services to victims of domestic violence; introduction of shelters; women’s empowerment; to monitor and amend the Act as required; and the interpretation of the Act in accordance with the obligations under the international agreement. Although the Act is a great success for Indian women, NGOs and governments must carefully monitor the implementation of the Act. They must work together to eradicate the patriarchal ideology that threatens to undermine this Act.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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