Supreme Court directs implementation of Domestic Violence Act

On 20 May 2025, the Supreme Court addressed significant concerns about the inconsistent enforcement of the Protection of Women from Domestic Violence Act, 2005 (PWDVA), across the country. Hon’ble Supreme Court directs implementation of Domestic Violence Act. The matter arose from a petition filed by We The Women of India, highlighting widespread gaps in the appointment of Protection Officers (POs), establishment of shelter homes, and public awareness about the Act’s provisions. A Bench led by Justices B.V. Nagarathna and S.C. Sharma was hearing the matter.

The Court emphasized the Act’s foundation in Article 15(3) of the Constitution and its aim to protect women in domestic relationships from abuse. It noted that despite the statutory duties imposed by the Act, implementation by several States and Union Territories remained inadequate. The Court took stock of the key provisions, such as Section 6 and 7, which ensure access to shelter and medical care, and Section 8 and 9, which mandate the appointment and duties of Protection Officers, including facilitating free legal aid.

Service providers under Section 10 are expected to assist victims by recording complaints, coordinating medical examinations, and connecting women to shelters. Section 11 mandates public awareness efforts, which the Court found lacking.

Over the course of the proceedings, some states failed to file their status reports, prompting the Court to impose costs in February 2025. However, the penalty was later withdrawn in the case of Arunachal Pradesh, which was added to the case at a later stage.

In its 20 May order (uploaded on 2 June), the Bench directed the Chief Secretaries and Women and Child Development Secretaries of all States and UTs to ensure the appointment or designation of Protection Officers in each district within six weeks. It also called for empanelment of service providers and official identification of shelter homes at both district and taluka levels within ten weeks.

The National Legal Services Authority (NALSA) was tasked with spreading awareness about women’s right to free legal aid. These directions are intended as initial steps toward comprehensive implementation, with the Court expected to monitor progress and ensure compliance.