Sections 8 and 9 of the Domestic Violence Act: Appointment, Duties and Functions of Protection Officers
Sections 8 and 9 of the Protection of Women from Domestic Violence Act, 2005 establish the office of the Protection Officer and define the officer's principal statutory responsibilities. Protection Officers connect an aggrieved person with the Magistrate, police, legal aid, shelter, medical facilities and other services contemplated by the Act.
Section 8: Appointment of Protection Officers
Section 8 requires the State Government, by notification, to appoint the number of Protection Officers it considers necessary in each district and to notify the territorial area in which each officer will exercise powers and perform duties under the Act.
Who can be appointed as a Protection Officer?
Section 8 states that Protection Officers should, as far as possible, be women and must possess the prescribed qualifications and experience. Rule 3 of the Protection of Women from Domestic Violence Rules, 2006 supplements this provision. It permits appointment of government personnel or members of non-governmental organisations, gives preference to women and requires at least three years' experience in the social sector.
Service conditions
The terms and conditions of service of a Protection Officer and subordinate officers are prescribed under the applicable rules. Rule 3 also provides for a minimum tenure of three years and requires the State Government to provide necessary office assistance for efficient discharge of functions.
Section 9: Duties and Functions of Protection Officers
Section 9 sets out the core statutory duties of a Protection Officer. These duties are intended to facilitate access to the Magistrate and to practical support mechanisms available under the Act.
- Assist the Magistrate: assist the Magistrate in discharging functions under the Act.
- Prepare a Domestic Incident Report: on receiving a complaint of domestic violence, prepare the prescribed report and send it to the Magistrate, with copies to the officer in charge of the relevant police station and service providers in the area. Under the 2006 Rules, the Domestic Incident Report is in Form I.
- Assist with an application for relief: if the aggrieved person desires, make the prescribed application to the Magistrate claiming relief for a protection order. Rule 6 also permits an aggrieved person to seek the Protection Officer's assistance in preparing and forwarding an application under Section 12.
- Facilitate legal aid: ensure that the aggrieved person is provided legal aid under the Legal Services Authorities Act, 1987 and make the prescribed complaint form available free of cost.
- Maintain local service information: maintain a list of service providers offering legal aid or counselling, shelter homes and medical facilities within the Magistrate's local jurisdiction.
- Arrange safe shelter: when required, facilitate safe shelter and forward the required report to the police station and Magistrate having jurisdiction over the area where the shelter home is situated.
- Facilitate medical examination: where the aggrieved person has bodily injuries, arrange medical examination and forward the medical report as required by Section 9.
- Assist in enforcement of monetary relief: ensure compliance with and execution of an order for monetary relief under Section 20 in accordance with the legally applicable procedure.
- Perform prescribed additional duties: carry out other duties prescribed under the Rules.
Under Section 9(2), the Protection Officer works under the control and supervision of the Magistrate and must perform duties imposed by the Magistrate and the Government under the Act.
Additional Duties Under the 2006 Rules
Rule 8 expands the operational duties of Protection Officers. Among other functions, a Protection Officer may assist an aggrieved person in making a complaint or application, explain statutory rights, prepare a safety plan, facilitate legal aid, medical assistance and shelter, liaise with police and service providers, maintain records and take reasonable measures to prevent recurrence of domestic violence.
Important Forms and Practical Role
The 2006 Rules provide standard forms for proceedings under the Act. Form I is used for the Domestic Incident Report. Applications to the Magistrate under Section 12 are made in Form II or as nearly as possible in that form. These prescribed procedures help create a record of the allegations and the relief sought while enabling coordination among the Protection Officer, Magistrate, police and service providers.
Meaning and Importance of a Protection Officer
A Protection Officer is a statutory functionary appointed by the State Government under Section 8. The officer does not merely receive complaints. The statutory scheme assigns a coordinating and facilitative role that includes reporting domestic violence, assisting court proceedings, connecting an aggrieved person to legal aid and essential services, and supporting implementation of orders made under the Act.
Frequently Asked Questions
Who appoints a Protection Officer?
The State Government appoints Protection Officers by notification under Section 8 and also specifies the area in which each officer will exercise statutory powers and duties.
Must a Protection Officer be a woman?
Section 8 provides that Protection Officers shall, as far as possible, be women. Rule 3 similarly provides preference to women.
What experience is required?
Under Rule 3 of the 2006 Rules, a person appointed as a Protection Officer must have at least three years' experience in the social sector.
What is a Domestic Incident Report?
It is the prescribed report recording allegations and details of domestic violence. Rule 5 provides for preparation of the report in Form I and its transmission to the Magistrate and other specified authorities.
This page is a general legal information resource. For advice on a specific case, consult a qualified legal professional or the appropriate legal services authority.