Sunday, December 22nd, 2024

Why are domestic violence cases dragging on? Supreme Court expressed concern over shortage of protection officers

New Delhi: The Supreme Court has expressed concern over the hearing of cases registered under the Domestic Violence Act. A bench led by Justice BV Nagarathna said that the DV Act was brought so that cases related to matrimonial disputes could be resolved quickly, but such cases are also dragging on for a long time. The court questioned why there is a delay in the case registered under the DV Act, whereas the provisions of this law are for quick disposal and relief? An application regarding this has been filed in the Supreme Court by an NGO ‘The Women of India’. This matter was raised in the Supreme Court on behalf of senior advocate Shobha Gupta. It was said that under the DV Act, there is provision for protection officer, service provider, shelter home and medical facility. All these facilities are for the convenience of needy women. The law says that a protection officer should be appointed in every state. The petitioner’s lawyer said that according to the reply received in this case, there is no appointment of Protection Officer in every state as per the law. It is clear from the responses of many states that people have been given additional charges. There should be a shelter home, but the reality is something else.

What did Justice Nagarathna say?

At the same time, Justice Nagarathna said that the Domestic Violence Act has been created to deal with maintenance and other types of domestic violence. Under this law, there are provisions to provide all kinds of relief to the complaining woman, but the question is how soon the relief is available. The cases filed under the DV Act are also going on in the family court at the same pace as other cases. Such cases are for immediate resolution. There is definitely a need to see the implementation of the law in such cases. The court has said that the next hearing will be on December 2.

Importance of Protection Officer in DV Act?

There is a provision for complaint where the woman lives or where domestic violence has been committed against her, or where the defendant lives. In such cases, the Protection Officer presents the incident report before the court. After seeing that report, the court hears the defendant’s side and then passes its order. During this time, the court orders to keep the woman in a domestic house. The court can order to pay expenses to the victim woman or give her protection. The case under DV Act-31 is non-bailable and cognizable.

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