Answer By law4u team
The Protection Officer (PO) plays a vital role under the Protection of Women from Domestic Violence Act, 2005 by assisting victims, filing reports, and ensuring execution of court orders. However, if a PO is unresponsive or negligent, victims are not helpless—there are legal and administrative remedies available to ensure their protection and justice.
What Remedies Exist If The Protection Officer Is Unresponsive?
1. Direct Access to the Magistrate
The aggrieved person can directly approach the Magistrate without the help of a Protection Officer.
Section 12 of the DV Act allows victims to file a complaint or application on their own or through an advocate or NGO.
2. Filing a Complaint with Senior Authorities
A written complaint can be filed with the District Protection Officer, District Magistrate, or Women and Child Development Department.
Victims can also report non-performance to the State Women's Commission.
3. Seeking Court Intervention
The court can be informed about the PO’s inaction and may summon them for explanation.
Magistrates have powers to direct the concerned authority to take action and ensure victim support is not delayed.
4. Departmental Disciplinary Action
The Protection Officer is a public servant and can face disciplinary proceedings for dereliction of duty.
Victims can request the court or authorities to initiate inquiry or recommend replacement of the PO.
5. Engaging NGOs or Legal Aid Services
Victims may seek help from recognized service providers, NGOs, or legal aid clinics that can step in when the PO fails.
These agencies can also assist in escalating the issue through formal complaints.
6. High Court Writ Petition
In case of severe negligence or violation of fundamental rights, a writ petition under Article 226 can be filed in the High Court against the Protection Officer or concerned department.
Example
A woman approaches the Protection Officer after facing physical abuse. The PO neither files the Domestic Incident Report (DIR) nor helps her access shelter or legal aid.
Steps She Can Take:
She files an application under Section 12 of the DV Act directly with the Magistrate.
She writes to the District Magistrate and State Women’s Commission reporting the PO’s inaction.
She seeks assistance from a registered NGO who helps her gather evidence and pursue the case.
Upon the Magistrate’s direction, the PO is summoned and warned for dereliction of duty.
If needed, she files a writ petition in the High Court for action against the PO and for immediate protective relief.
