Lok Sabha Question No. 4978 (UNSTARRED), answered on 2023-03-31
Subject: Effectiveness of Domestic Violence Act
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Khagen Murmu, Mahabali Singh

## GOVERNMENT OF INDIA

## MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO. 4978 TO BE ANSWERED ON 31.03.2023

## EFFECTIVENESS OF DOMESTIC VIOLENCE ACT

## 4978.  SHRI KHAGEN MURMU: SHRI MAHABALI SINGH:

Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:

- (a) whether  the  Government  has  assessed  the  reasons  behind  low  number  of convictions under the Protection of Women from Domestic Violence Act, 2005 including any deficiency in the legislation, possible misuse of the law, pressure on the complainant for withdrawal of the case etc.;
- (b) if so, the details thereof and the reaction of the Government to the findings of the assessment; and
- (c) the steps taken or proposed to be taken by the Government to enhance the effectiveness of the said legislation?

## ANSWER

## MINISTER OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI SMRITI ZUBIN IRANI)

(a) to (c):  'Police' and 'Public Order' are State subjects under the Seventh Schedule to the Constitution of India. The responsibility to maintain law and order, protection of life and property of the citizens including investigation and prosecution of crime against women and children including the cases of domestic violence, rests primarily with the respective  State  Governments  and  they  are  competent  to  deal  with  it.  The implementation of 'the Protection of Women from Domestic Violence Act (PWDVA), 2005'   including  appointment  of  Protection  Officers,  comes  under  purview  of  the respective State Government/ UT Administration. As per Section-9 of PWDVA, it is duty of the Protection Officer to report the cases of domestic violence to the Magistrate upon  receipt  of  complaints  and  to  assist  the  Magistrate  in  the  discharge  of  his functions. However, conviction of a person comes under purview of the Judiciary, who decides  the  matter  after  careful  consideration  of  factual  positions  and  all  related aspects as per the provisions of the PWDV Act.

Nevertheless, the Central Government gives highest priority to ensuring safety and security  of  women  and  is  implementing  "Mission  Shakti"  an  umbrella  scheme  for safety, security and empowerment of women. The  Scheme include  components of 'One  Stop  Centers  (OSCs)' under  which  integrated  services  such  as  Medical  Aid, Psycho-social  Counselling,  Police  Facilitation,  Legal  Aid  and  Counselling  and Temporary Shelter upto 5 days are provided and Universalisation of Women Helplines (WHL) which provide emergency and non-emergency services to women in need by connecting  them  with  appropriate  authorities.   Besides,  Emergency  Response Support System (ERSS) which is a pan-India single number (112)/ mobile app based system for emergencies is also available to women in distress.

Under Nirbhaya Fund, Bureau of Police Research and Development (BPR&D) has also  undertaken  several  initiatives,  which,  inter-alia  includes  training  and  skill development programs for Investigation Officers, Prosecution Officers and Medical Officers.  BPR&D  has  also  prepared  Standard  Operating  Procedures  (SoPs)  for 'Women Help Desk at Police Stations' to ensure smooth functioning of Women Help Desks.  Emphasis has been laid upon appropriate behavioural and attitudinal skills of the police in course of prevention and detection of crime against women and children and  interaction  with  victims  of  crime.  Webinars  on  women  safety  with  sensitivity, gender sensitization of police personnel etc. have also been organized by BPR&D.

Further, the Government, through institutions like the National Commission for Women (NCW),  National  Commission  for  Protection  of  Child  Rights  (NCPCR)  and  their counterparts in States have been spreading awareness through seminars, workshops, audio- visual, print and electronic media etc. to sensitize the people about the safety and security of women and children and also about various provisions of the legislation etc.  In  addition,  Ministry  of  Women  and  Child  Development  and  Ministry  of  Home Affairs  have  issued  advisories  to  States/  UTs  from  time  to  time  on  various  issues pertaining to safety and security of women and children.

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