Protection Officer

Section 2(n) of the Protection of Women from Domestic Violence Act, 2005 defines a Protection Officer as an officer appointed by the State Government under Section 8(1). Under Section 8 the State Government shall, by notification, appoint such number of Protection Officers in each district as it considers necessary and notify the area within which each will act. Protection Officers shall as far as possible be women and must have the prescribed qualifications and experience.

The duties are listed in Section 9. The Protection Officer assists the Magistrate; makes a domestic incident report to the Magistrate on receipt of a complaint and forwards copies to the police station and service providers; applies to the Magistrate for a protection order if the aggrieved person so desires; ensures legal aid under the Legal Services Authorities Act, 1987; maintains a list of service providers, shelter homes and medical facilities; arranges a safe shelter home and medical examination where needed; and ensures that orders for monetary relief under Section 20 are complied with. Under Section 9(2) the officer works under the control and supervision of the Magistrate.

Other provisions link the officer to the scheme. Under Section 4 any person who has reason to believe that domestic violence has been, is being or is likely to be committed may inform the Protection Officer, and incurs no liability for information given in good faith. Section 5 requires a Protection Officer, like a police officer or Magistrate, to inform the aggrieved person of her rights. Under Section 12 an application to the Magistrate may be presented by the aggrieved person, a Protection Officer or any other person on her behalf, and the Magistrate must consider any domestic incident report before passing an order.

Accountability is built in. Protection Officers are deemed public servants under Section 30. Under Section 33 a Protection Officer who fails or refuses without sufficient cause to discharge duties directed by the Magistrate in a protection order is punishable with up to one year, or fine up to twenty thousand rupees, or both, but Section 34 bars prosecution without the previous sanction of the State Government or an authorised officer. Examiners test who appoints, the preference for women, the domestic incident report and the sanction requirement.