1. Implementation of the Protection of Women from Domestic Violence Act, 2005 — Appointment of protection officers — Provision of shelter homes — Access to free legal aid. (Para 4 , 5 )
Back
Next 
2025 Supreme(SC) 1517
SUPREME COURT OF INDIA
B.V. NAGARATHNA AND SATISH CHANDRA SHARMA, JJ.
We the Women of India – Appellant
Versus
Union of India And Others – Respondent
Writ Petition (Civil) No. 1156 of 2021
Decided on : 20-05-2025
The Supreme Court directed States, Union Territories, and the Union of India to ensure effective implementation of the Protection of Women from Domestic Violence Act, 2005, by appointing Protection Officers, empaneling service providers, notifying shelter homes, providing free legal aid, and conducting wide publicity and sensitization.
Headnote:(A) Protection of Women from Domestic Violence Act, 2005 - Sections 6, 8, 9, 10, and 11 - Directions issued to the States and Union Territories for the appointment of Protection Officers, designation of shelter homes, and provision of legal aid to aggrieved women - The Court emphasized the necessity for adequate measures to ensure effective implementation of the Act and coordination among various departments. (Paras 4, 7, 10, 11, 17)
(B) The Court underscored the social responsibility of Government entities to comply with statutory obligations regarding protection services for women facing domestic violence. (Paras 17)
(C) Effective publicity and awareness measures must be undertaken by Governments to inform distressed women of their rights under the Act. (Paras 11)
Facts of the case:
The case arose from a petition urging the implementation of protective measures for women under the Provisions of the Protection of Women from Domestic Violence Act, 2005. The petition highlighted the need for appointing Protection Officers and providing sufficient resources and guidelines for addressing domestic violence.
Findings of Court:
The Court directed the responsible authorities to implement protective services under the Act, including appointing Protection Officers and ensuring adequate provision of services and shelter.
Issues: The primary issues addressed included the appointment of Protection Officers, the adequacy of resources for the implementation of the Act, and the necessity for public awareness regarding the rights and remedies available to women.
Ratio Decidendi: The Court ruled that both the State and Central Governments have a legal duty to ensure the enforcement of provisions under the Domestic Violence Act, providing necessary resources and coordination among agencies involved.
Result: Directions issued to ensure the implementation of the Protection of Women from Domestic Violence Act, 2005.
Legal Category Hierarchy
- family law
-
constitutional law
-
fundamental rights
- article 15(3) (Para 4)
-
fundamental rights
- practice and procedure
Table of Contents
2. Necessity of designating protection officers — Empanelment of service providers — Notification of shelter homes — Ensuring medical facilities — Wide publicity of the Act — Provision of free legal aid. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 )
3. The Act provides effective protection for women victims of domestic violence in furtherance of Article 15(3) of the Constitution, necessitating strict adherence to statutory mandates. (Para 4 )
4. Effective implementation of the Protection of Women from Domestic Violence Act, 2005 requires the mandatory appointment of protection officers, empanelment of service providers, and provision of legal aid. (Para 4 , 17 )
5. Directions issued to States, Union Territories, and NALSA to designate protection officers, notify shelter homes, empanel service providers, and ensure wide publicity and free legal aid. (Para 17 )
6. How should States and Union Territories ensure the appointment of Protection Officers under the Protection of Women from Domestic Violence Act, 2005?
States and Union Territories must identify and designate officers within the Department of Women and Child at District and Taluka levels as Protection Officers to discharge duties under Section 9 of the Act. (Para 6 , 7 , 17 )
7. What is the entitlement of a woman aggrieved by domestic violence regarding legal assistance?
Under Section 9(d) of the Protection of Women from Domestic Violence Act, 2005, and Section 12 of the Legal Services Authorities Act, 1987, aggrieved women are entitled to free legal aid and advice. (Para 13 , 14 , 17 )
8. What are the duties of the Central and State Governments under Section 11 of the Protection of Women from Domestic Violence Act, 2005?
Governments must ensure wide publicity of the Act via public media, provide periodic sensitization training to officials, establish inter-departmental coordination, and implement service delivery protocols. (Para 13 , 17 )
9. What measures are required for the provision of shelter and support services under the Act?
Authorities must empanel service providers under Section 10 and identify and notify shelter homes, such as Nari Niketans or one-stop centres, at District and Taluka levels. (Para 8 , 10 , 17 )
ORDER
1. Learned counsel for the State of Arunachal Pradesh submitted that the said State was impleaded subsequent to the order imposing costs of Rs.5,000/-. Hence, an application seeking waiver of the costs is being filed during the course of the day.
2. Taking note of the said submission, the order for payment of costs of Rs.5000/- is set-aside with regard to the State of Arunachal Pradesh.
3. We have heard learned senior counsel for the petitioner and learned ASG for Union of India and learned counsel for National Legal Services Authority (for short "NALSA") and all learned standing counsel for the respective States and Union Territories who are present.
4. The Protection of Women from Domestic Violence Act, 2005 enacted two decades ago is an Act to provide for more effective protection of the rights of women guaranteed under the Constitution of India to those who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. This Act has been passed in furtherance of Article 15(3) of the Constitution of India which provides inter alia for protection of women and children.
5. Learned senior counsel appearing for the petitioner submitted that this Court has entertained this Writ Petition in the year 2021 and has passed several directions from time to time. However, there is need to focus on certain aspects of the Act.
6. In this regard she has highlighted that there is need for appointment of protection officers under Section 8 of the Act. Section 8 of the Act reads as under:
"8. Appointment of Protection Officers.-
(1) The State Government shall, by notification, appoint such number of Protection Officers in each district as it may consider necessary and shall also notify the area or areas within which a Protection Officer shall exercise the powers and perform the duties conferred on him by or under this Act.
(2) The Protection Officers shall as far as possible be women and shall possess such qualifications and experience as may be prescribed.
(3) The terms and conditions of service of the Protection Officer and the other officers subordinate to him shall be such as may be prescribed."
7. Section 9 delineates the duties and functions of Protection Officers. She, therefore, submitted that dedicated Protection Officers have to be appointed by the States/Union Territories for rendering effective services to women who are victims of domestic violence. However, till such time such dedicated officers are appointed, there is an absolute necessity for designating certain officers at the Taluka and District level for rendering services as Protection Officers to victims of domestic violence. She submitted that the casting of responsibilities on officers who are involved in ICDS work or who are Anganwadi workers would not be of much assistance. Therefore, she sought a direction that the States and Union Territories may designate certain officers who are working in the Department of Women and Child at Districts and Taluka levels to be also designated as Protection Officers under Section 8 of the Act.
8. Learned senior counsel next submitted that Section 10 speaks of service providers. For ease of reference Section 10 is extracted as under:
"10. Service providers.-
(1) Subject to such rules as may be made in this behalf, any voluntary association registered under the Societies Registration Act, 1860 (21 of 1860) or a company registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force with the objective of protecting the rights and interests of women by any lawful means including providing of legal aid, medical, financial or other assistance shall register itself with the State Government as a service provider for the purposes of this Act.
(2) A service provider registered under sub-section (1) shall have the power to-
(a) record the domestic incident report in the prescribed form if the aggrieved person so desires and forward a copy thereof to the Magistr
