20 May 2025 Domestic Violence >> Family Law  

This case of We The Women Of India v/s Union Of India & Others., outlines key directives issued by the court to the States and Union Territories for the more effective implementation of the Protection of Women from Domestic Violence Act, 2005. The Act, enacted to safeguard women's constitutional rights against family violence, necessitates a stronger focus on several critical aspects.

Initially, the court addressed a procedural matter, waiving a previously imposed cost of Rs. 5,000/- on the State of Arunachal Pradesh after noting their subsequent impleading.

The core of the document revolves around the submissions made by the petitioner's senior counsel and the responses from various legal entities, leading to specific judicial directions:

• Appointment and Designation of Protection Officers: Emphasizing the need for dedicated Protection Officers under Section 8 of the Act, the court directed States and Union Territories to immediately identify and designate existing officers within their Women and Child Departments at District and Taluka levels to serve in this role. This designation must occur within six weeks where it hasn't already. These officers will then carry out duties as per Section 9 of the Act.
• Publicity and Government Duties (Section 11): States, Union Territories, and the Central Government are mandated to fulfill their duties under Section 11 of the Act. This includes widely publicizing the Act's provisions through public media, ensuring effective coordination among relevant ministries, and establishing protocols for service delivery to women.
• Legal Aid Access (Section 9(d) and Section 12 of Legal Services Authorities Act, 1987): Recognizing the entitlement of aggrieved women to free legal aid, the court directed the National Legal Services Authority (NALSA) to ensure that State, District, and Taluka Legal Services Authorities widely publicize this right. Furthermore, it was stressed that legal aid and advice must be provided expeditiously to any distressed woman seeking it.
• Empanelment of Service Providers (Section 10): States and Union Territories are directed to take steps to empanel necessary service providers for effective implementation of the Act.
• Access to Shelter Homes (Section 6) and Medical Facilities (Section 7): The court mandated that shelter homes (including Nari Niketan, one-stop centers, or other women's homes) must be accessible to victims of domestic violence. States and Union Territories are required to identify and notify designated shelter homes at the District and Taluka levels within ten weeks. Similarly, medical facilities should be readily available to aggrieved women when needed.

These directions are considered initial steps to ensure the comprehensive implementation of the Protection of Women from Domestic Violence Act, 2005.

Protection of Women from Domestic Violence Act, 2005  

Legal Services Authorities Act, 1987