ABSTRACT

Social Welfare - Women Welfare - Protection of Women from Domestic Violence Act 2005 - Appointment of Service Providers  in each District – Orders – Issued.

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Social Welfare & Nutritious Meal Programme (SW 3) Department

G.O (2D) No.23, 
Dated: 16-02-2007

Read:

(1) G.O.(2D) No.55, SW & NMP Department, dated 19-12-06

Read also:

1. (2)  From Director of Social Welfare, Chennai-5, Letter Roc.No.53300/WW-1(5)/2006, dated 11.12.06

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ORDER:

The Government  of India in its notification dated 14.09.2005 have published "The Protection of Women from Domestic Violence Act, 2005". In   another notification dated 17.10.2006, the Government of India have  laid down the rules framed under The Protection of Women from Domestic Violence Act, 2005 for carrying out the provisions of the Act. Both the Act and the Rules came into force with effect from 26th October 2006. The Act is basically meant to  provide protection to the wife or female live in partner from violence at the hands of the husband or male live in partner or his relatives. Domestic Violence under the Act includes actual abuse or the threat of abuse, whether physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the Women Victim  or her relatives would also be covered under the definition of domestic violence.

2. In this connection, the Government of India have requested this Government  to take immediate steps to

(i)   appoint protection Officers in each Districts as per section 8 of the Act and provide them with necessary infrastructure to enable them to start functioning;

1. (ii)    invite applications from Service Providers as per Rule 11 and register them after due verification as regards their suitability;
2. (iii)  publish the names and address with telephone number of the Protection Officers and the Service Providers prominently in News papers and put on the website of the State Government and

(iv) give wide publicity to the provisions of the Act so that Women can avail    of its benefits. 

3. In the Government order first read above,  the Government have issued orders appointing the District Social Welfare Officers of the Districts as Protection Officers in their respective jurisdiction as a stop-gap arrangement for the implementation of the above Act in each District to exercise their powers under the Act.

4. In the letter second read above, the Director of Social Welfare has sent proposal for appointment of Protection Officers, Service Providers and Counsellors in the Districts and has requested  the Government to select representatives from among the list of Non-Governmental Organizations for appointment to the post of Service Providers in each District under Domestic Violence Act, 2005.

5. The Government after careful consideration of the proposal of Director of Social Welfare and after scrutinizing the profile in detail and interaction with the Non Governmental Organizations who have applied for appointment of Service Providers, Government selected and appoint two Service Providers in the District of Chennai and one Service Provider in each District as indicated in the Annexure to this order. The tenure period of the Service Providers are fixed for three  years in the first instance. The Non Governmental Organizations selected as Service Providers are having their own qualified Counsellors.   

6.  The Service Providers appointed under Domestic Violence Act, 2005 shall follow the Act / Rules of the Protection of Women from  Domestic Violence Act, 2005. They are requested to  arrange to provide the following facilities to the aggrieved persons / victims during their needy hour as per section 3 of Rule 11 of Domestic Violence Rules, 2006:-

(i)  to provide shelter to the aggrieved persons / victims.

(ii) to provide medical facilities to the aggrieved persons / victims.

(iii) to provide Psychiatric / counseling facilities to the aggrieved persons / victims.

(iv)  to provide Legal Aid facilities to the aggrieved persons / victims.

(v)  to provide adequate security arrangements to the aggrieved persons/victims during their stay in the shelter  home.

(vi) to provide functional telephone  connection and other communication media for use of the aggrieved persons/victims.

 7. Service Provider shall have the power to:-

(a)   record the domestic incident report in the prescribed form if the aggrieved person to desires and forward a copy thereof to the Magistrate and the Protection Officer having jurisdiction  in the area where the domestic violence took place;

(b)  get the aggrieved person medically examined and forward a copy of the medical report to the Protection Officer and the police station within the local limits of which the domestic violence took place;

(c ) ensure that the aggrieved person is provided shelter in a shelter home, if she so requires and forward a report of the lodging of the aggrieved person in the shelter home to the police station within  the local limits of which the domestic violence took place. 

No, suit prosecution or other legal proceeding shall lie against any service provider or any member  of the Service Provider who is, deemed to be, acting or purporting to act under this Act, for anything which is in good faith done or intended to be done in the exercise of powers or discharge of function under this Act towards the prevention of the Commission of domestic violence.

8. The Service Providers appointed under the Domestic Violence Act, 2005 shall not be  provided any remuneration. But as and when they provide shelter to the victims, the charges for food and maintenance etc spent on the aggrieved persons / victims shall be reimbursed to them.

9. The Service Providers are directed to send   monthly report detailing about the total number of beneficiaries benefited; whether Legal aid / counselling facilities, etc., are provided to the aggrieved persons / victims are to be sent directly to the Director of Social Welfare, Chennai.

10. The Protection Officer of each District is requested to publish the list of Service Providers in the local newspapers or on its website. She should maintain proper records by way of maintenance of  Registers duly indexed, containing the details of Service Providers. 

11. The Director of Social Welfare, Chennai is directed to collect the monthly report received from the Protection Officers of each District, scrutinize and watch whether the Service Provider follow the Rules / Act effectively under the Domestic Violence Act, 2005. He is also requested to send an action taken report to Government periodically every quarter. The appointment of Protection Officers exclusively for this Act will be issued in due course.   

(By Order of the Governor)

N.S. Palaniappan,
Secretary to Government

To

The Director of Social Welfare, Chennai-5

All the District Social Welfare Officers through Director of  Social Welfare, Chennai-5

All District Collectors,

The Registrar, High Court, Chennai-104

The Secretary, Ministry of Women & Child Development,

Government of India, Shastri Bhavan,New Delhi – 110 001.

Copy to:

The Director General of Police, Chennai-4

All Commissioner of Police, through DGP, Chennai-4

Home Department, Chennai-9

Social Reforms Department, Chennai-9

Secretary to Governor, Raj Bhavan, Chennai-32.

The CM’s Office, Chennai-9.

The Senior Personal Assistant to Minister, (SW), Chennai-9

The Private Secretary.

Social Welfare & Nutritious Meal Programme Department, Chennai-9

All Departments in Secretariat, Chennai-9

SF/SC.

//Forwarded//by Order/

SECTION  OFFICER

Annexure

(G.O(2D) 23 /SW &NMP Department dated 16-2-07)

 

N.S.Palaniappan,
Secretary to Government

//Forwarded by order//

Section Officer.