Who are Service providers? What are the Duties of Government? Section 10 and 11 of The Protection of women from Domestic Violence Act 2005

Service providers and Duties of Government are defined under section 10 and 11 of Domestic Violence Act 2005. Provisions under these sections are:

 

Section 10 of Domestic Violence Act "Service providers"

1. Subject to such rules as may be made in this behalf, any voluntary association registered under the Societies Registration Act, 1860 (21 of 1860) or a company registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force with the objective of protecting the rights and interests of women by any lawful means including providing of legal aid, medical, financial or other assistance shall register itself with the State Government as a service provider for the purposes of this Act.


 

2. A service provider registered under sub‑section (1) shall have the power to-
a. record the domestic incident report in the prescribed form if the aggrieved person so desires and forward a copy thereof to the Magistrate and the Protection Officer having jurisdiction in the area where the domestic violence took place;
b. get the aggrieved person medically examined and forward a copy of the medical report to the Protection Officer and the police station within the local limits of which the domestic violence took place;

c. ensure that the aggrieved person is provided shelter in a shelter home, if she so requires and forward a report of the lodging of the aggrieved person in the shelter home to the police station within the local limits of which the domestic violence took place.

3. No suit, prosecution or other legal proceeding shall lie against any service provider or any member of the service provider who is, or who is deemed to be, acting or purporting to act under this Act, for anything which is in good faith done or intended to be done in the exercise of powers or discharge of functions under this Act towards the prevention of the commission of domestic violence.

 

Section 11 of Domestic Violence Act "Duties of Government"

The Central Government and every State Government, shall take all measures to ensure that-

a. the provisions of this Act are given wide publicity through public media including the television, radio and the print media at regular intervals;

b. the Central Government and State Government officers including the police officers and the members of the judicial services are given periodic sensitization and awareness training on the issues addressed by this Act;

c. effective co‑ordination between the services provided by concerned Ministries and Departments dealing with law, home affairs including law and order, health and human resources to address issues of domestic violence is established and periodical review of the same is conducted;

d. protocols for the various Ministries concerned with the delivery of services to women under this Act including the courts are prepared and put in place