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Domestic act: Implementing officers are overburdened

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Suchetana Haldar

Posted online: Monday , February 11, 2008 at 12:52:26
Updated: Monday , February 11, 2008 at 01:10:32


Kolkata, February 10 The effective implementation of the Protection of Women from Domestic Violence Act, 2005 (PWDVA), which has been hailed as the defining step towards uplifting the condition of women in the country, is a far cry in West Bengal.

The irony lies in the question that everyone asked at a seminar here to discuss ways in making the Act more effective.

“Who will protect the Protection Officer (PO)? — This was the question on everyone's lips here. Ironic it may sound, but the person who has been authorised by the Act to coordinate and supervise the implementation of the Act is a hapless person, as the state government has bestowed numerous responsibilities on them.

In West Bengal, the district social welfare officer (DSWO) now functions as the “Protection Officer”. But the DSWO is already in charge of at least 18 other duties.

For instance, the DSDO is also the Dowry Prohibition Officer, the Child Marriage Prevention Officer and is responsible for the implementation of all the schemes for the physically handicapped and the elderly in the district.

He/She also has to supervise polio immunisation, ICDS programmes and is in charge of the Child Welfare Committee. It is also the duty of the district social welfare officer to monitor and inspect all the old age homes and short stay homes run by the state government or by government-aided NGOs.

“The figure 18 is an understatement. The DSWO is responsible for all the social welfare schemes at the district level,” said Tapati Bhowmik, the assistant director of NGO Sanlap.

“The implementation of this Act is flawed. After all, an overburdened DSWO cannot really do justice to this new responsibility assigned to him,” Bhowmik added.

Most of the district social welfare officers describe their experience of being a protection officer as a harrowing ordeal.

With no clerical assistance or vehicles at their disposal, they have a tough time carrying out the job. Under the PWDVA, the POs are expected to appear before the court in person.

“When one has to devote an entire day to the court proceedings, other duties are bound to suffer,” said Timir Roy, the DSWO (on deputation) in South 24 Parganas.

The PO is also expected to visit the homes of the victims and prepare a Domestic Incident Report (DIR).

“But there have been cases when one has to visit more than one house located in two different corners of the district,” said Roy.

Even the state law minister Rabilal Moitra admitted that there exists a problem with regard to the Protection Officer.

“We don’t have the infrastructure to serve a notice in three days,” added Moitra.

A protection officer, moreover, is under constant scanner, as a failure to discharge his/her duties will draw a penalty of a one-year imprisonment or a fine of Rs 20,000 or both.

If numbers are any indication, West Bengal scores badly with only 19 Pos working in the entire state. Compare it with Bihar, which has appointed 224 Pos, and Delhi and Andhra Pradesh that have appointed “dedicated” POs on a contract basis.

“The number of protection officers in West Bengal is inadequate. We have one for each district but ideally the number should be more depending on the population density of the district,” said Jashodhara Bagchi, Chairperson of West Bengal Women Commission.

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