Mumbai: The Protection of Women from Domestic Violence Act (DV) was enacted in 2005 to include physical, sexual, emotional and economic abuse. But, due to various reasons, this has failed to bring relief to victims of domestic violence. Majlis on Tuesday released a report that enlists problems faced by such victims.
Protection officers
Some protection officers (POs) do not file a domestic incident report (DIR) on the day the victim approaches them. Many victims are made to wait for hours and asked to visit offices several times to complete the paper work that need to be filed in court for relief. They do not coordinate and meet other stakeholders to discuss the case, cross-check documents, and strengthen the pleadings. Further, they do not conduct regular monitoring as listed under the Maharashtra State DV handbook.
Legal aid
The process of getting a lawyer is cumbersome and takes months. Some lawyers ask victims for money even though lawyers are appointed by the government to provide free services. They are not well-versed with the procedures and provisions under the Act. They do not coordinate with POs and NGOs that assist victims.
Hospitals
Some medical officers are completely unaware of their role and they do not fill the DIR and other forms mandated under the Act.
Police
The police deter women from filing complaints and try to settle the matter informally. They do not inform women of their rights under the Act. They delay or avoid filing FIRs. They also delay summons and filing the report of service, which in turn holds up the victim’s case in court and to obtain interim relief. The police are not thorough on maintenance orders under the Act.
Magistrates’ court
There is enormous delay in passing interim and final orders, and orders for relief are not passed before referring the case for counselling or mediation. This is in contravention of the guidelines under the DV Act. For example, the Thane court is completely uninformed about the guidelines. Documents are often misplaced and incorrect court dates are given due to which victims and their lawyers miss crucial hearings.
Shelters
Officials at the homes for victims of violence are not well-versed with the Act and their role prescribed in it. They are not aware of the other laws applicable and not equipped to handle victims of trauma, distress and other challenges associated with running such shelters.
Counsellors
There are not adequate counsellors dedicated to victims of domestic violence. Private counselling services are not economical. Also, there is no help to avail of various schemes, financial aid, medical aid for themselves and their children, and vocational training.