SUO MOTU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition in the nature of a Public Interest Litigation arises from the suo-motu cognizance taken by the High Court on the basis of a news item published on 05.07.2012 in "The Times of India" (Ahmedabad Edition) captioned "Thrown out by violent husband ? - Wait For Three Months To File A Domestic Violence Complaint! and "Class no bar for Woman Battering", sub-captioned "Protection Officers are exploited too".

(2.) In the first news item by Ms.Radha Sharma and Mr.Parth Shastri appearing on the front page, it is reported that the ladies mentioned therein, who were desirous of filing complaints (Domestic Incident Report) under the Protection of Women from Domestic Violence Act, 2005 ("the Domestic Violence Act"), were told to wait for three months to do so, as there is a pendency of complaints and only one Protection Officer is appointed for the entire Ahmedabad District to handle the complaints.

(3.) The second news item by Mr.Parth Shastri on Page-2 of the Newspaper under the sub-caption "Protection Officers are exploited too" highlights the plight of Protection Officers, who are not provided with even the basic amenities and facilities or a decent environment in order to perform their duties and obligations under the Domestic Violence Act. It is also reported that they do not receive salaries in time. The gravamen of the charge in the said news item was that there are not enough Protection Officers appointed by the State Government in each district and the Protection Officers appointed under the Protection of Women from Domestic Violence Act, 2005 are not being provided with basic amenities, facilities and a decent environment to perform their duties and obligations under the Act.