Sections 35, 36 and 37 of the Domestic Violence Act, 2005
Sections 35 to 37 of the Protection of Women from Domestic Violence Act, 2005 deal with protection for a Protection Officer acting in good faith, the relationship of the Act with other laws, and the Central Government's power to make rules for carrying out the Act.
Section 35 - Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Protection Officer for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder.
Meaning: The protection is linked to action taken, or intended to be taken, in good faith by a Protection Officer while acting under the statutory framework. The section is therefore a statutory good-faith protection; its text does not create a general immunity unrelated to functions under the Act, rules or orders.
Section 36 - Act not in derogation of any other law
The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.
Meaning: Relief and remedies under the Domestic Violence Act are intended to operate alongside other applicable legal remedies. Section 36 expressly states that the Act does not displace other laws merely because they may also apply to the same facts or relationship.
Section 37 - Power of Central Government to make rules
Section 37 empowers the Central Government, by notification, to make rules for carrying out the provisions of the Act. The Central Government exercised this power in making the Protection of Women from Domestic Violence Rules, 2006, which came into force on 26 October 2006.
Matters for which rules may be made
Without limiting the general rule-making power, Section 37(2) identifies matters including:
- qualifications and experience of Protection Officers under Section 8(2);
- terms and conditions of service of Protection Officers and subordinate officers under Section 8(3);
- form and manner of a domestic incident report under Section 9(1)(b);
- form and manner of an application for a protection order under Section 9(1)(c);
- form in which a complaint is to be filed under Section 9(1)(d);
- other duties to be performed by a Protection Officer under Section 9(1);
- registration of service providers under Section 10(1);
- form and particulars of an application under Section 12(1) and Section 12(3);
- means of serving notices under Section 13(1);
- form of declaration of service of notice by the Protection Officer under Section 13(2);
- qualifications and counselling experience of a member of a service provider under Section 14(1);
- form of affidavit by the aggrieved person under Section 23(2); and
- any other matter required or permitted to be prescribed.
Parliamentary control over rules
Under Section 37(3), rules made under the Act are to be laid before each House of Parliament for the statutory period specified in the section. Parliament may agree to modify a rule or that a rule should not be made. Such modification or annulment does not prejudice the validity of anything previously done under that rule.
Official legal sources
The current statutory text should be checked against the official Government of India sources. India Code publishes the Protection of Women from Domestic Violence Act, 2005, and the Ministry of Women and Child Development publishes the Act and the Rules made under it.
This page is an informational explanation of Sections 35, 36 and 37. For a proceeding or filing, verify the current statutory text, applicable rules, notifications and relevant judicial decisions.