JAYA SAGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is a service provider under the Protection of Women from Domestic Violence Act, 2005 (DV Act) as part of women's study center of the ILS Law College, Pune Maharashtra (Center) where she serves as Professor of Law. The center conducts certain workshops for judicial officers in various Districts of Maharashtra for sensitising judicial officers and other stakeholders under the DV Act like protection officers as also Advocates, academicians and NGOs. The petitioner submitted suggestions for effective implementation of the DV Act which are wholesome and practical and with which none has any complaint.

(2.) The department of women and child development of the Government of Maharashtra issued a circular on 24th July, 2014 regarding one of the aspects contained in the suggestions of the petitioner viz., counselling / mediation under the DV Act.

(3.) Whereas the suggestion of the petitioner was that there is a provision of appointment of Counselors whose primary duty is preventing the recurrence of violence against women by using feminist counselling, in practice, cases are referred to Judges called mediation Judges for mediation and the services of Counselors remain underutilised. She would contend that mediation and counselling are not the same in terms of their objectives and procedures. Hence, she has urged that Counselor's service need to be utilised to the fullest extent by the Courts taking up DV cases (DV Courts).