Lok Sabha Question No. 1607 (UNSTARRED), answered on 2023-02-10
Subject: Domestic Violence against Women
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Krupal Balaji Tumane, Bhavana Gawali (Patil)

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 1607 TO BE ANSWERED ON 10.02.2023

## DOMESTIC VIOLENCE AGAINST WOMEN

1607. SHRI KRUPAL BALAJI TUMANE:

SHRIMATI BHAVANA PUNDALIKRAO GAWALI:

Will the Minister of Women and Child Development be pleased to state:

- (a) whether domestic violence against women persists in the country despite the existence of Protection of Women from Domestic Violence Act, 2005;
- (b) if so, the reaction of the Government thereto along with the number of cases registered under the said Act during the last three years and the current year;
- (c) whether the Government proposes to give effective legal assistance to the women who are victim of domestic violence in their in-laws houses, if so, the details thereof and if not, the reasons therefor;
- (d) the details of the designated security officers and the shelter homes so built for the security of these victims since the enactment of the Act till date, State/ UT-wise;
- (e) whether  the  Government  has  given  compensation  to  the  victims  of  the domestic violence from the Central Victim Compensation Fund since 2019, if so, the details thereof along with the number of victims benefited therefrom; and
- (f) if not, the reasons therefore

## ANSWER

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

(a) & (b):    The National Crime Records Bureau (NCRB) compiles and publishes data on crimes, including crime against women, in its publication 'Crime in India'. The said report is available upto the year 2021. The details of complaints registered under 'the Protection of Women from Domestic Violence Act, 2005' (PWDVA) are available on the website of NCRB https://ncrb.gov.in. As per information available with NCRB, the number of cases registered under the Act during the years 2019, 2020 and 2021 are 553, 446 and 507 respectively.

'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.

Nevertheless, the Central Government gives highest priority to ensuring safety and security of women and has undertaken various legislative and schematic interventions in this regard. These include legislations such as 'The Criminal Law (Amendment) Act, 2018',   'The Protection of Women from Domestic Violence Act, 2006', 'The Dowry Prohibition Act, 1961', etc. The schemes/ projects implemented by the Government include  One  Stop  Centers  (OSCs);  Universalisation  of  Women  Helplines  (WHL), Emergency Response Support System (ERSS) which is a pan-India single number (112)/  mobile  app  based  system  for  emergencies;  capacity  building  in  community through  awareness  programmes,  setting  up/  strengthening  of Women  Help  Desks (WHDs) at Police Stations etc.

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. A book titled 'Women's Safety and Security- a Handbook for First Responders and Investigators in the Police' has also been prepared for the purpose of prevention and investigation of crime against women with specific reference to the crime of sexual assault, which includes investigation, victim compensation and rehabilitation. 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.

Recognizing the need for psycho-social counseling to women affected by violence and in distress, the Ministry of Women and Child Development has engaged the services of National Institute of Mental Health and Neuro Sciences (NIMHANS) for providing basic and advanced training under the project named 'Stree Manoraksha' to the staff of One Stop Centers (OSCs) across the country on handling psycho-social and mental health care needs to support to such women.

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.

(c) & (d):  The implementation of the PWDVA comes under purview of the respective State Government/ UT Administration.  As per  Section-9 of PWDVA, it is duty of the Protection Officer to ensure that the aggrieved women is provided free legal aid as per the  provisions  of  Legal  Services  Authorities  Act,  1987.   Further,  under  'Mission Shakti', the umbrella scheme for safety, security and empowerment of women, the

Ministry  implements  the  components  of  'One  Stop  Centre  (OSC)'  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  under  one  roof.   If  required,  the  needy  women  can  be  accommodated  in 'Shakti  Sadan',  another  component of  Mission Shakti.  As  on date,  733  OSCs are functional  in  the  country.  In  addition,  441  Shakti  Sadans  are  functional  across  the country for assisting the women victims of difficult circumstances. The State/ UT wise number of Shakti Sadan is at Annexure.

(e) & (f): The process of Victim Compensation is set into motion through two methods. Firstly,  the  trial  court  is  empowered  to  make  recommendation  to the  District  Legal Services Authority (DLSA) or State Legal Services Authority (SLSA), as the case may be, to decide quantum of compensation to be awarded under the scheme framed by the State Government. The trial court can also make a recommendation in case it is satisfied that the compensation awarded under section 357 of CrPC is not adequate for rehabilitation. Secondly, in cases where the offender is neither traced nor identified, but the victim is identified, the victim and his dependents may make an application to the DLSA or SLSA for award of compensation. On receiving such an application, the DLSA  or  SLSA  has  to  conduct  an  inquiry  and  to  award  adequate  compensation following the due procedure.

Further, pursuant to the directions of Hon'ble Supreme Court in Writ Petition(C) No. 565/2012  (Nipun  Saxena  vs  Union  of  India  and  others),  National  Legal  Services Authority has prepared compensation scheme for women victims/ survivors of sexual assault/ other crimes. The same was circulated to all States/ UTs. Many of the State Governments have revised their existing Victim Compensation Schemes in accordance with the NALSA's scheme.  The scheme provides for a Women Victim Compensation Fund which is a segregated fund for disbursement for women victim, out of State Victim Compensation Fund and Central Fund. The Central Fund means the contribution received from Central Victim Compensation Fund (CVCF) Scheme, 2015. Central Government has provided one time grant-in-aid of Rs. 200 Crores under Central Victim Compensation Fund (CVCF) to States / UTs under 'Nirbhaya Fund' to supplement their respective Victim Compensation Funds. The method of awarding and disbursing the compensation differs as per the Schemes of different States.

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## State/ UT-wise list of Shakti Sadan

| S. No.   | Name of State/UT          |   Number of Shakti Sadan |
|----------|---------------------------|--------------------------|
| 1.       | Andaman & Nicobar Islands |                        1 |
| 2.       | Andhra Pradesh            |                       26 |
| 3.       | Arunachal Pradesh         |                        1 |
| 4.       | Assam                     |                       36 |
| 5.       | Chandigarh                |                        1 |
| 6.       | Chhattisgarh              |                        4 |
| 7.       | Delhi                     |                        2 |
| 8.       | Goa                       |                        3 |
| 9.       | Gujarat                   |                        6 |
| 10.      | Himachal Pradesh          |                        1 |
| 11.      | Jammu & Kashmir           |                        2 |
| 12.      | Jharkhand                 |                        7 |
| 13.      | Karnataka                 |                       65 |
| 14.      | Kerala                    |                        9 |
| 15.      | Madhya Pradesh            |                       15 |
| 16.      | Maharashtra               |                       14 |
| 17.      | Manipur                   |                       45 |
| 18.      | Meghalaya                 |                        2 |
| 19.      | Mizoram                   |                       12 |
| 20.      | Nagaland                  |                        2 |
| 21.      | Odisha                    |                       68 |
| 22.      | Punjab                    |                        2 |
| 23.      | Rajasthan                 |                        9 |
| 24.      | Sikkim                    |                        1 |
| 25.      | Tamil Nadu                |                       35 |
| 26.      | Telangana                 |                       20 |
| 27.      | Tripura                   |                        3 |
|          | Uttarakhand               |                        2 |
| 28.      | Uttar Pradesh             |                       13 |
| 29.      | West Bengal               |                       34 |
|          | Total                     |                      441 |

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## Annexure