Domestic Violence Act ineffective in Tamil Nadu, claims lawyer

The first bench comprising Chief Justice V K Tahilramani and Justice M Duraiswamy before whom the PIL moved by advocate Sudha Ramalingam, came up for hearing granted six weeks based on the request by Jayaprakash Narayan, Government Pleader in-Charge to get instructions and file a counter. The plea has been posted for further hearing to January 25, 2019.

The petitioner stated that the IPC section which deals with cruelty against women, is insufficient to capture the entire spectrum of domestic violence and provide comprehensive relief to women. Moreover, owing to an increase in women filing domestic violence cases, a dearth of protection officers and practical roadblocks has resulted in Act being ineffective in TN.

Sudha further stated that the Act also provides an option to the victim to approach the protection officer who in turn can prepare a Domestic Incident Report (DIR) and submit it to the magistrate for action. But utilising this, the Magistrates even without conducting a preliminary inquiry on the merits of the case, forward every application to the protection officer for the preparation of the DIR which is not mandated under the Act, the petitioner said.

Also, noting that there is an imminent need for guidelines in this regard and training to the magistrates and to the protection officers, Sudha Ramalingam submitted that the petitions under the Act ought to be treated as urgent and when filed before the Magistrates the pleas must be numbered expeditiously.