The Union government has informed the Supreme Court that as per information received from states and Union Territories, a total of 2,95,601 complaints have been registered under Protection of Women from Domestic Violence (PWDV) Act, and that there are 3,637 protection officers in the country.
In a counter affidavit, the Ministry of Women and Child Development said: "As per information received from states/UTs, a total of 2,95,601 complaints/litigations have been registered under PWDV Act, whereas number of courts for the purpose has been reported as 6,289. There are 807 shelter homes and over 700 one stop centres (OSCs) to take care of women affected by violence and in distress across the country." It said as per the provisions of PWDV Act, the responsibility of its implementation mainly lies with the state governments and UT administrations, as they have been authorised to appoint protection officers in each district by notification.
The ministry said most states/UTs have indicated that at least one protection officer along with supporting staff should be in each district. "As per information received from states/UTs, total number of protection officers notified under PWDV Act in the country is 36,37 and out of which 710 are holding regular charge, 272 are working on contract basis and remaining are holding additional charge," it added.
The ministry said states/UTs have assigned additional charges of the post of protection officer to the departmental officers looking after child welfare or protection, or women welfare. It added that the protection officers are appointed by the state governments and they can be selected/appointed from a non-government organisation also.
On the aspect of a separate cadre for protection officer for various laws for women — The Dowry Prohibition Act, the PWDV Act, The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013, The Prohibition of Child Marriage Act, etc, the ministry said: "Majority of states/UTs have proposed for a separate cadre structure for protection officer for effective implementation of PWDV Act, as per information received from them so far."
The government’s response came on a plea filed by NGO We the Women of India, seeking to plug massive gaps in infrastructure under the PWDV Act. The NGO also sought creation of shelter homes for women post lodging of complaints of abuse. The NGO was represented by advocate Shobha Gupta.
On February 25, a bench headed by Justice UU Lalit and comprising Justices S Ravindra Bhat and PS Narasimha noted that the Union government has indicated that in some states, if not all, the situation is far from satisfactory.
"Many states have chosen to designate Revenue Officers or members of the Indian Administrative Service (IAS) as protection officers. This clearly was not the intent of the lawmakers, since such revenue or administrative officials would be unable to devote time to discharge the fairly intense work required and expected of protection officers," noted the bench, in its order.
It had asked the Union government to file an affidavit on the nature of programmes/plans outlining assistants to support the efforts under the domestic violence act by various states, collect state-wise relevant data of litigation under the Act with respect to the complaints made, number of courts, and, the relative number of protection officers (POs), and other aspects connected with POs.
"This court is of the opinion that these particulars are essential because the protection officers - like the magistrates who are tasked to the implementation of the enactment, have been conceived as the backbone to effectuate the law, enacted with laudable objectives, by Parliament."