SHRUTI SINGH Vs. PRESS COUNCIL OF INDIA

JUDGEMENT

(1.) THE issues raised in the writ petition relate to non-implementation of the provisions of the Protection of Women from Domestic Violence Act, 2005 (for short, 'Act of 2005') in the State of Bihar. To be specific, the petitioner has raised grievance that steps in giving publicity to the provisions of the Act of 2005 have not been taken by the Central Government and the State Government. It is alleged that the Central Government and the State Government have failed to discharge their duties provided in Section 11 of the Act of 2005. The petitioner has also raised grievance that in the entire State of Bihar, there is not a single shelter home notified for the purposes of this Act; no service provides, nor full time Protection Officers have been appointed. There are counter-affidavits by the opposite parties. Insofar as Central Government is concerned, counter-affidavit has been filed by Under Secretary, Ministry of Women and Child Development, wherein he has stated that the copies of the Act of 2005 have been circulated to all the State Government to implement the Act of 2005. The proforma listing out certain essential indicators relating to implementation of the Act has also been sent to all the State Governments and they have been asked to supply the information as per proforma on a quarterly basis to enable the Ministry to assess the actual status of implementation of the Act of 2005. The Deputy Secretary has further stated that as per the information supplied by the Government of Bihar, the Child Development Project Officers have been given the additional charge of Protection Officer as a temporary measure until regular Protection Officers are appointed.

(2.) ON behalf of the State Government and its functionaries, it is stated that the provisions of the Act had been sent to the Information and Pubic Relations Department for advertising in all the leading newspapers in the State vide letter No. 10/Sanstha/22/2006-1194 dated 19.7.2007. In the new comprehensive scheme on women development and empowerment titled 'Nari Shakti', a number of components for the rehabilitation of the victims and mass level awareness programme have been planned. In the near future all the thirty-eight districts shall be equipped with helpline services and short stay homes for the victims of domestic violence. Additionally, 'Samajik Punervas Kosh' has been created to provide support to those victims of violence whose rehabilitation requirements are not met by other schemes. An amount of Rs. 5,69,32,000/- (Rupees five crore, sixty-nine lakhs thirty-two thousand only) has been sanctioned to provide rehabilitation services to the victims of violence and exploitation, including domestic violence and to raise awareness with regard to the Act. The capacity building programme for all the Protection Officers is planned to be organized in near future.

(3.) THE role of Protection Officers and the service providers is of immense importance in the scheme of this legislation. The duty has been cast upon the State Government to appoint such number of officers in each district as it may consider necessary. The Act provides that Protection Officers shall as far as possible be women and possess such qualifications and experience as may be laid down by the Central Government by Rules. Sections 8 and 9 of the Act of 2005 which provide for appointment of Protection Officers and their duties and functions may be reproduced by us as it is :