Law: Domestic Violence (Prevention and Protection) Act, 2013

Section: 3,4,17,17(2),18,21,27

(a) Legislation--- ----Implementation of law by the Executive---Scope---Moment a law was passed it carried impression of perfection/completion to meet the situation (objective) for which it was---Time or change in situations may open the possibilities of 'amendments' in a law but such plea (of making amendments in the law) could never be an excuse not to give effect to the same. (b) Domestic Violence (Prevention and Protection) Act (XX of 2013)--- ----Ss. 3, 17(2), 27 & Preamble---Despite its promulgation the Provincial Government had failed to implement the Domestic Violence (Prevention and Protection) Act, 2013 ('the Act of 2013')---Directions given by the High Court to ensure implementation of the Act of 2013 recorded. Following are the directions given by the High Court to ensure implementation of the Domestic Violence (Prevention and Protection) Act, 2013 ('the Act of 2013'): Since the scope of the Act of 2013 was much wider and prima facie was aimed to ensure immediate rescue and assistance to an aggrieved (as defined in the Act of 2013) therefore, in every single district, committees were required to be formulated. Hence a mechanism of ambulance/rescue service shall be provided with toll-free number accessible to everyone. The manner in which the Act of 2013 itself had insisted about composition of the 'Protection Committee' [section 17(2)] was self-sufficient to indicate that required objective would not be achieved unless special task force was created with special training in that field to deal with women, children and destitute persons. Such aspect shall be considered by the quarter concerned. Special task force shall be provided rescue vehicles having sufficient space with capability to rescue the victims of domestic violence, in every district. Psychologist including Protection Officers and other posts in each district shall be filled within three months, as the same was demand of the Act of 2013. Since the Act of 2013 provided shelter homes in every district, fate of safe houses shall also be decided by the concerned departments as to whether same shall be governed under the Act of 2013 or the government wished to establish parallel shelter home.…

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