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Section 10 and Section 11 of Domestic Violence Act: Service Providers and Duties of Government

Sections 10 and 11 of the Protection of Women from Domestic Violence Act, 2005 form part of Chapter III, which deals with the powers and duties of Protection Officers, service providers and related authorities. Section 10 regulates registered service providers, while Section 11 places implementation, publicity, training, coordination and protocol-related duties on the Central Government and every State Government.

At a glance: A qualifying organisation working to protect the rights and interests of women may register with the State Government as a service provider. Once registered, it may perform specified functions such as recording a Domestic Incident Report, facilitating medical examination and arranging shelter. Governments must publicise the Act, provide sensitisation and awareness training, coordinate relevant public services and put service-delivery protocols in place.

Section 10: Service Providers

Section 10 identifies the organisations that may act as service providers under the Act and specifies their statutory powers and legal protection when acting in good faith.

Who can register as a service provider?

Under Section 10(1), subject to the applicable rules, a voluntary association registered under the Societies Registration Act, 1860, a company registered under the company law referred to in the statutory text, or an organisation registered under any other law for the time being in force may register with the State Government if its objective is to protect the rights and interests of women by lawful means. The provision expressly includes organisations providing legal aid, medical, financial or other assistance.

Current-law note: The enacted text of Section 10(1) refers to the Companies Act, 1956. That wording should be read as the statutory text of the Domestic Violence Act. The Companies Act, 2013 is now the principal central legislation governing companies. Section 10 itself also uses the broader expression "or any other law for the time being in force."

Powers of a registered service provider under Section 10(2)

  1. Domestic Incident Report: If the aggrieved person desires, the service provider may record the Domestic Incident Report in the prescribed form and forward a copy to the Magistrate and the Protection Officer having jurisdiction where the domestic violence took place.
  2. Medical examination: The service provider may get the aggrieved person medically examined and forward the medical report to the Protection Officer and the police station within whose local limits the domestic violence took place.
  3. Shelter: If shelter is required, the service provider may ensure that the aggrieved person is provided shelter in a shelter home and forward a report of the lodging to the police station within whose local limits the domestic violence took place.

Good-faith protection under Section 10(3)

Section 10(3) protects a service provider and its members from a suit, prosecution or other legal proceeding for acts done, or intended to be done, in good faith while exercising powers or discharging functions under the Act towards preventing domestic violence. This protection is tied to good-faith action under the statutory scheme; it is not a general immunity for conduct outside the Act.

Registration under the Protection of Women from Domestic Violence Rules, 2006

The Act operates with the Protection of Women from Domestic Violence Rules, 2006. Rule 11 deals with registration of service providers. Form VI is the prescribed form for registration under Section 10(1). The form seeks particulars including the applicant's identity and address, the services rendered, staffing and professional qualifications, the period for which services have been provided and other organisational details.

Section 11: Duties of Government

Section 11 requires the Central Government and every State Government to take measures for effective implementation of the Act. The duties are institutional and preventive in nature and are intended to make the protection framework accessible and workable.

  1. Publicity: Give the provisions of the Act wide publicity through public media, including television, radio and print media, at regular intervals.
  2. Training and sensitisation: Provide periodic sensitisation and awareness training on issues addressed by the Act to Central and State Government officers, including police officers and members of the judicial services.
  3. Inter-departmental coordination: Establish effective coordination among the services provided by concerned Ministries and Departments dealing with law, home affairs and law and order, health and human resources, and periodically review that coordination.
  4. Protocols: Prepare and put in place protocols for Ministries concerned with delivery of services to women under the Act, including the courts.

How Sections 10 and 11 Work Together

Section 10 creates a recognised role for registered non-governmental or other qualifying organisations that assist women affected by domestic violence. Section 11 addresses the public administration side of the same protective framework by requiring publicity, training, coordination and protocols. Read with the 2006 Rules, these provisions connect an aggrieved person with service providers, Protection Officers, medical facilities, shelter homes, police and the Magistrate.

Official Legal Sources

For the authoritative statutory text and current official material, refer to the Government of India's India Code database and the Ministry of Women and Child Development legislation repository. The Ministry repository also publishes the Protection of Women from Domestic Violence Rules, 2006.

This article is a general legal information resource. For case-specific advice or urgent protection, consult an appropriate legal professional or the competent local authority.