The Protection of Women from Domestic Violence Act, 2005
CHAPTER V: MISCELLANEOUS
Section 37: Power Of Central Government To Make Rules
Bare Act
(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
- (a) the qualifications and experience which a Protection Officer shall possess under sub-section (2) of section 8;
- (b) the terms and conditions of service of the Protection Officers and the other officers subordinate to him, under sub-section (3) of section 8;
- (c) the form and manner in which a domestic incident report may be made under clause (b) of sub-section (1) of section 9;
- (d) the form and the manner in which an application for protection order may be made to the Magistrate under clause (c) of sub-section (1) of section 9;
- (e) the form in which a complaint is to be filed under clause (d) of sub-section (1) of section 9;
- (f) the other duties to be performed by the Protection Officer under clause (i) of sub-section (1) of section 9;
- (g) the rules regulating registration of service providers under sub-section (1) of section 10;
- (h) the form in which an application under sub-section (1) of section 12 seeking reliefs under this Act may be made and the particulars which such application shall contain under sub-section (3) of that section;
- (i) the means of serving notices under sub-section (1) of section 13;
- (j) the form of declaration of service of notice to be made by the Protection Officer under sub-section (2) of section 13;
- (k) the qualifications and experience in counselling which a member of the service provider shall possess under sub-section (1) of section 14;
- (l) the form in which an affidavit may be filed by the aggrieved person under sub-section (2) of section 23;
- (m) any other matter which has to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Simplified Act
Simplified Explanation:
(1) The Central Government has the authority to create specific rules to ensure the implementation of this law.
(2) These rules can cover a wide range of topics, including but not limited to:
- (a) Required qualifications and experience for Protection Officers.
- (b) Employment terms for Protection Officers and their subordinates.
- (c) How to report domestic violence incidents.
- (d) The process for applying for a protection order from a Magistrate.
- (e) The way to file a complaint.
- (f) Additional duties of Protection Officers.
- (g) Guidelines for registering service providers that support this law.
- (h) How to apply for relief under this law and what details to include.
- (i) How to deliver legal notices.
- (j) How Protection Officers should declare that a notice has been served.
- (k) Qualifications for service providers who offer counseling.
- (l) How an aggrieved person can submit an affidavit.
- (m) Any other aspects that need to be defined by the rules.
(3) Every new rule must be presented to both houses of Parliament as soon as possible. They will have 30 days, which can span across one or multiple sessions, to review it. During this time, Parliament can suggest changes or decide not to implement the rule. However, any action taken under the rule before such decisions won't be affected.
Explanation using examples
Imagine a situation where a woman named Priya is experiencing domestic violence and decides to seek help. She reaches out to a Protection Officer, who is required to have certain qualifications and experience as per the rules established by the Central Government under Section 37(a) of The Protection of Women from Domestic Violence Act, 2005.
The Protection Officer assists Priya in filing a Domestic Incident Report using a specific form and manner as prescribed by the Central Government under Section 37(c). This report details the instances of abuse that Priya has faced.
Following this, the Protection Officer guides Priya through the process of applying for a protection order from the Magistrate, ensuring that the application is made in the proper form and manner as outlined in Section 37(d).
As Priya's case progresses, the Protection Officer performs other duties as mandated by Section 37(f), which might include facilitating Priya's access to medical facilities or legal aid.
Throughout this process, the rules made by the Central Government under Section 37 ensure that Priya's case is handled systematically and that all necessary steps are taken to protect her rights and provide her with relief from domestic violence.
