Supreme Court Directs States and UTs to Strengthen Implementation of Domestic Violence Act, 2005

In a landmark order aimed at bolstering the protection of women from domestic violence, the Supreme Court has issued comprehensive directions to all States and Union Territories for the effective implementation of the Protection of Women from Domestic Violence Act, 2005 (PWDVA).

The bench comprising Justice B.V. Nagarathna and Justice S.C. Sharma was hearing a public interest litigation filed by the non-governmental organization ‘We The Women of India’, focusing on ensuring that the Act’s provisions are effectively enforced at the grassroots level.

Key Directions by the Court:

1. Designation of Protection Officers: States and UTs are directed to identify and designate officers from the Department of Women and Child Development at District and Taluka levels as Protection Officers under Section 9 of the Act. These officers must discharge their duties as per the statutory mandate. Where such designation has not yet been completed, the Court has ordered it to be done within six weeks from the date of the order.

2. Wide Publicity of the Act: In accordance with Section 11 of the Act, the Court has mandated States and UTs to widely publicize the provisions of the PWDVA through public media to ensure better awareness. The Union Government has also been directed to take adequate steps in this regard.

3. Free Legal Aid to Distressed Women: Referring to Section 9(d) of the PWDVA read with Section 12 of the Legal Services Authorities Act, 1987, the Court underscored that all women aggrieved under the Act are entitled to free legal aid and advice. The Supreme Court directed the National Legal Services Authority (NALSA) to coordinate with State and District Legal Services Authorities to ensure wide publicity and prompt provision of legal aid to distressed women.

4. Creation and Accessibility of Shelter Homes: States and UTs must empanel service providers as per Section 10 of the Act and ensure the availability of accessible shelter homes, including Nari Niketan, one-stop centres, and other facilities for victims of domestic violence. The Court ordered that these homes be identified and notified at the District and Taluka levels within ten weeks.

Legal Implications:

The directions emphasize the vital role of Protection Officers and the government’s obligation to raise awareness about women’s rights under the PWDVA. By mandating the setup of shelter homes and the provision of free legal aid, the Supreme Court reinforces the State’s duty to provide comprehensive support to victims of domestic abuse.

Justice Nagarathna observed that effective implementation requires coordination between various government departments and ministries, along with stringent monitoring to ensure compliance with the Act’s provisions.

Case Details: WE THE WOMEN OF INDIA v. UNION OF INDIA AND ORS., 2025