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Domestic Voilence - Karnataka PDF

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“EVALUATION OF PROTECTION OF WOMEN FROM

DOMESTIC VIOLENCE ACT 2005 RULES 2006 IN


KARNATAKA IMPLEMENTED BY WOMEN & CHILD
DEVELOPMENT DEPARTMENT”

SMT. SARASWATI PUJAR

PRINCIPAL INVESTIGATOR

RURAL ECOLOGICAL AND AGRO DEVELOPMENT INSTITUTE INDIA

(READI-INDIA)

WOMEN & CHILD DEVELOPMENT DEPARTMENT

KARNATAKA EVALUATION AUTHORITY


DEPARTMENT OF PLANNING, PROGRAMME MONITORING AND STATISTICS
GOVERNMENT OF KARNATAKA
JULY, 2018
©Karnataka Evaluation Authority, 2018

Published

For:

Karnataka Evaluation Authority,

#542, 5th Floor, 2nd Stage,

M.S. Building, Dr. Ambedkar Veedhi,

Bengaluru – 560 001.

By:

Rural Ecological and Agro Development Institute India (READI-INDIA)

“11/2”, Pitru Krupa”, 1st Main,

3rd Cross, Rajatagiri,

Dharwad-580004

Tel: 0836-2463393

E-mail: [email protected]

Typeset & Printed by()


Shradha Printing and Xerox, Vidyagiri, Dharwad-580002
CONSTITUTION OF INDIA
PREAMBLE

WE, THE PEOPLE OF INDIA,


having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST
SECULAR DEMOCRATIC REPUBLIC
and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTYof thought , expression,
belief, faith and worship;
EQUALITYof status and of opportunity;
and to promote among them all
FRATERNITYassuring the dignity of the
individual and the unity and
integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY
this twenty-sixth day of November, 1949, do
HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.
Foreword
Gender equality and empowerment are on the top of the development agenda across
the globe, yet the cases of violence against women in family and society are still on the
increase. The Protection of Women from Domestic Violence Act 2005 and rules 2006 is a
major legislation that aims at providing a safe and peaceful atmosphere for women at home.
The study on Evaluation of Support system established by Department of Women and Child
Development for Implementation of Protection of Women from Domestic Violence Act 2005
Rules 2006 in Karnataka was initiated by Women and Child Development Department and
was taken up by Karnataka Evaluation Authority (KEA). The study is outsourced by KEA to
the Empanelled Consultant Organization-Rural Ecological and Agro Development Institute
India, Dharwad. The study is based on secondary data as well as primary data collected from
the sample of 183 aggrieved women and other Stakeholders of the support system in 25
blocks from four divisions in the State.

The findings of the study indicate that there is lack of adequate awareness about the
provisions of the Act among women and also lack of effective co-ordination and information
sharing among implementing agencies. Physical Torture, physical abuse and dowry
harassment are some of the major forms of violence against women. The major
recommendations are a mass drive to generate awareness involving departments of Kannada
and Culture, Information and Publicity, Education, Home and Law, Civil Society
Organizations, NGOs, Self Help Groups and NSS units, strengthening the support system
with adequate human resources, counselling, co-ordination and reducing procedural delays
for effective implementation, promotion of Women education through better facilities and
financial assistance to bring about the desired social change.

The study received constant support from Additional Chief Secretary and Secretary
Planning, Programme Monitoring and Statistics Department, Government of Karnataka. The
study was supported by the officers of Women and Child Development Department by
providing useful data and inputs during discussions. The report was approved in 41st
Technical Committee meeting. The report was reviewed by experts in KEA, Technical
Committee, National Law School and an Independent Assessor and their useful insights and
suggestions have contributed significantly to improve the draft. I duly acknowledge the
assistance rendered by all in successful completion of the study.
I expect that the findings and recommendations of the study will be useful to the
Government and Women and Child Development Department for effective implementation
of the Act and thereby providing safe family environment for women.

27th July 2018


Vanashree Vipin Singh
Chief Evaluation Officer
Karnataka Evaluation Authority
ACKNOWLEDGEMENT

On behalf of the Management Council of READI-INDIA and the Project Team, I would like
to thank the Chief Evaluation Officer (CEO), Karnataka Evaluation Authority (KEA),
Bengaluru; for awarding the Study on Evaluation of Protection of Women From Domestic
Violence Act 2005 and Rules 2006 Implemented By Women & Child Development
Department to READI INDIA. This Study was an enriching experience for the Project Team.

I would also like to acknowledge the encouragement and support of Director and the Project
Director, Department of Women and Child Development and the officers of the Department
of Women and Child Development and Stake Holders in conducting the Evaluation.

I would like to immensely thank Deputy Directors and Child Development Programming
Officer, Protection Officers of the District/Taluk, Swadhara and Santwana Centers and
Aggrieved Womens for devoting their valuable time for the interviews, focus group
discussions and other meetings.

Last but not the least, the Project Team comprising the following professionals, without
whose efforts, this Study would not have been possible, derives a special word of
appreciation:

Smt. Saraswati Pujar Principal Investigator

Sri. Mahantesh M Korimath Gender Specialist

Sri.Mohan G Chenni Statistician

Smt.Veena S Patil Research Assistant

Sri. Gururaj Ganadavar Research Assistant

Dharwad Sri P.A. Patil

JULY 2018 President


CONTENTS

ABBREVIATIONS & ACRONYMS

EXECUTIVE SUMMARY................................................................................................1-6

CHAPTER 1: INTRODUCTION………………………………......................................7-16

CHAPTER 2: BASIS FOR GOVERNMENT INTERVENTION…………………....17-22

CHAPTER 3: PROGRESS REVIEW............................................................................23-30

CHAPTER 4: PROBLEM STATEMENT.....................................................................31-32

CHAPTER 5: SCOPE, OBJECTIVES AND EVALUATION QUESTIONS ............33-40

CHAPTER 6: EVALUATION DESIGN……………………………………................41-42

CHAPTER 7: EVALAUTION METHODLOGY..........................................................43-46

CHAPTER 8: DATA COLLECTION AND ANALYSIS.............................................47-50

CHAPTER 9: FINDINGS AND DISCUSSIONS.........................................................51-100

CHAPTER 10: REFLECTIONS AND CONCLUSIONS.........................................101-102

CHAPTER 11: RECOMMENDATIONS...................................................................103-104


Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department

LIST OF TABLES
TABLE 1: COMPLAINTS REGISTERED FROM 2007-08 to 2015-16...............................14
TABLE 2: SUMMARY OF IMPLEMENTATION OF PWDVA..........................................30
TABLE 3: DISTRICTS AND BLOCKS SELECTED FOR THE STUDY............................44
TABLE 4: FREQUENCY OF CO-ORDINATION COMMITTEE ......................................54
MEETING AT TALUK/DISTRICT/STATE LEVELS
TABLE 4.1: NUMBER OF MEETINGS HELD (YEAR WISE AND NUMBERS)............55
TABLE 4.2: TOTAL STAFF STRENGTH.............................................................................56
TABLE 4.3: FILLED UP AND VACANT POSTS...........................................................57-58
TABLE 4.4: NUMBER OF AWARENESS PROGRAMMES...............................................58
TABLE 4.5: NUMBER OF TRAINING PROGRAMMES...............................................59-60
TABLE 4.6: NATURE OF CASES REPORTED FROM 2007-08..................................61-69
TO 2013-14 (IN NOS)
TABLE 4.6.1: NATURE OF CASES REPORTED FROM 2007-08......................................70
TO 2013-14 (IN PERCENTAGE)
TABLE 4.7: AGE OF WOMEN VICTIMS.............................................................................79
TABLE 4.8: EDUCATIONAL STATUS OF THE VICTIMS................................................81
TABLE 4.9: ECONOMIC STATUS OF THE VICTIMS..................................................82-83
TABLE 4.10: CATEGORIES OF COMPLAINTS............................................................84-90
TABLE 4.11: DIVISION WISE TYPES OF CASES.......................................................90-91
TABLE 4.12: PURPOSE FOR COMPLAINTS......................................................................92
TABLE 4.12.1: DIVISION WISE PURPOSE FOR COMPLAINTS.....................................93
TABLE 4.13: STATUS OF COMPLAINTS.....................................................................93-94
TABLE 4.13.1: DIVISION WISE STATUS OF COMPLAINTS....................................... .94
TABLE 4.14: REGISTRATION OF COMPLAINTS............................................................95
TABLE 4.15: OUTCOME OF THE CASES REGISTERED................................................96
TABLE 4.16: DEFICIENCY-ATTRIBUTES....................................................................97-98
TABLE 4.17: RESPONDENTS REPORTING SHORTCOMINGS.....................................98
TABLE 4.18: SATISFACTION ABOUT THE ACT.............................................................99

Karnataka Evaluation Authority|


Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department

LIST OF CHARTS
CHART 1: COMPLAINTS REGISTERED, DISPOSED IN COURTS.............................15
AND SETTLED THROUGH COUNSELLING
FROM 2007-08 to 2015-16
CHART 2: DEALING WITH COMPLAINTS RECEIVED...............................................15
CHART 3: PENDING CASES..............................................................................................16
CHART 4: DIVISION WISE FREQUENCY OF CO-ORDINATION..............................54
COMMITTEE MEETING HELD
CHART 5: DIVISION WISE TOTAL NUMBER OF MEETINGS HELD........................55
CHART 6: DIVISION WISE TOTAL NUMBER OF AWARNESS..................................59
PROGRAMMES
CHART 7: DIVISION WISE TOTAL NUMBER OF TRAINING....................................60
PROGRAMMES
CHART 8: DIVISION WISE TYPES OF CASES REGISTERED..................................70-71
CHART 9: DIVISION WISE AGE OF VICTIMS..............................................................80
CHART 10: DIVISION WISE EDUCATION BACKGROUND OF VICTIMS..............82
CHART 11: DIVISION WISE ECONOMIC STATUS OF THE VICTIMS......................83
CHART 12: DIVISION WISE NATURE OF CASES........................................................91

Karnataka Evaluation Authority|


Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department

LIST OF APPENDIX & ANNEXURE

APPENDIX

APPENDIX 1: CASE STUDIES OF SOME AGGRIEVED WOMEN

ANNEXURE

ANNEXURE 1: LIST OF REFERENCES CITED IN THE REPORT

ANNEXURE 2: TOR FOR THE EVALUATION STUDY

ANNEXURE3: INCEPTION REPORT

ANNEXURE 4: LIST OF INDIVIDUALS OR GROUPS INTERVIEWED/CONSULTED


AND SITES VISITED

ANNEXURE 5: SHORT BIOGRAPHY OF THE PRINCIPAL INVESTIGATOR

ANNEXURE 6: THE PROTECTION OF WOMEN FROM DOMESTIC


VIOLENCE ACT, 2005 NO. 43 OF 2005[13TH SEPTEMBER, 2005.]

ANNEXURE 7: DETAILS OF 28 MEDIATION CENTERS, ESTABLISHED, NUMBER


OF CASES REFERRED AND SETTLED

Karnataka Evaluation Authority|


EXECUTIVE SUMMARY

In Karnataka the Protection of Women from Domestic Violence Act 2005, Rules 2006 (PWDVA)
was introduced in 2007-08 and is being implemented through the Department of Women and Child
Development, Government of Karnataka.

In each District, Deputy Directors are in -charge of implementation and Protection officers are
positioned in 47 blocks. As many as 116, NGOs are involved as Service Providers. They operate
through 171 Santwana Kendras 30 Short stay homes and 34 Swadhara Kendras. All Government
Hospitals have been nominated as medial service provider to provide free services to the affected
women.

Study Area: As per Terms of reference, the study was to be conducted in 25 blocks (around 10%)
with a minimum of 5 blocks in each of the four revenue divisions and representing two or more
districts in each division. Further, in each division the selection of the block should be such that out
of five, at least one block where more than 35 cases are registered should in variably be selected for
study.

Methodology: Efforts were made to collect all the data in addition to one to one and one to many
discussions at Taluk and District levels and based on the inputs;

Keeping this in view, the consultant constituted following team: Legal Expert (Advocate), a team of
experts comprising Sociologist and Gender specialist, and Statistician, were constituted. This team
was supported by two Research Assistants

As many as 183 aggrieved women were contacted for one to one interaction and getting first-hand
information. District in charges and Block officers (POs and CDPOs) were covered under field
studies and interactions. As many as 25 Service providers were also covered to elicit
information on their views and experience.

Implementation of Act: The Act envisages that greater success is possible only with enlightened
population with greater awareness about the need for prevention of violence against women. The
present measures of awareness creation are not enough and various agencies are involved in women
welfare and protection across the country and Karnataka.
Between 2007-08 and 2015-16, as many as 32,126 Domestic Violence cases were registered across
the State. However, only 16,390 cases were disposed off (51.01%).

K a r n a t a k a E v a l u a t i o n A u t h o r i t y |1
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
Wherever cases are referred to Courts, there is time lag between filing cases and final verdict. No
special treatment is accorded to cases booked under this Act. Even where courts have delivered the
verdict, it has not been possible for them to ensure timely execution; The average time taken
between registration of cases and final verdict stretches up to one year as at present and this has led
to loss of interest. In many cases, the implementing agencies have not executed orders passed by
courts. Due to large number of posts remaining vacant implementation of the scheme and
enforcement of the contents of the Act has suffered.

Implementation Process:
A three tier system of co-ordination committee is put in place to oversee various aspects of the
implementation of the Act; they are (i) State level Co-ordination Committee (ii) District level Co-
ordination Committee and (iii) Taluka level Co-ordination Committee
Study Findings (General)
➢ Physical torture inflicted on the women victims was highest as 2029 cases were reported.
➢ The harassment pertained to Physical Abuse aspects under which as many as 603 cases were
registered.
➢ As many as 363 cases were reported under Dowry Harassment.
➢ In Bengaluru (U), Chitradurga and Shivamogga Districts of Bengaluru Division, out of 603
cases registered, 209 were in the category of physical torture and another 128 cases
pertained to Dowry demands. Economic related cases also were found to be higher at 101of
all cases.
➢ In case of Mysuru, Kodagu and Chickmagaluru Districts of Mysuru Division, 152 cases
registered pertained to Physical Torture. This division also had reported larger number of
cases in all four categories i.e. Physical Torture, Sexual Harassment, and Economic
Blackmail and Dowry harassment.
➢ In case of Dharwad, Uttarkannada and Vijaypura Districts of Belagavi Division as many as
647 cases registered 184 cases pertained to Economic aspects related followed by 163
physical torture cases collectively. This division also had reported larger number of Dowry
harassment cases.
➢ In case of Kalburgi, Yadgiri and Bellary Districts of Kalburgi Division, of the 377 cases,
110 pertained to Emotional/Mental torture while cases in other categories were small in
number. Division wise number and percentage of cases of different categories registered and
dealt with during the reference period. It was seen that Belagavi and Bengaluru Divisions

2|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Executive Summary

which have higher literacy rates and higher per-capita income, reported higher number of
cases of physical torture, Economic and mental torture. These two Divisions together
accounted for 65% of all settled cases. This indicates that education level or economic
standard have no relevance on violence against women.
➢ Mediation Centres are established in all the 30 Districts and are providing service of
mediation.1
➢ Procedures for obtaining Orders of relief: Is not being followed at present since the courts
have huge number of cases and as such the applications under the scheme have to wait for
their turn. The Act also prescribes fixed time frame for filing of cases, issue of DIRs and
issue of court notices/ summons to the respondents. This condition also is not being adhered
to in majority of cases. Main reason for delay is that the applications received are not
supported by other documents that are necessary to make the application valid.
➢ Where counselling has not worked conclusively and the matter remains unresolved, the
courts to initiate the process of adjudication. This process is time taking since number of
steps/processes are involved in hearing both sides.
➢ The respondent parties invariably try to prolong appearance and defence. As such, the final
award of judgment takes longer period.
➢ The courts issue ex-parte orders after giving sufficient time and opportunities to the
defendants.
➢ Cases registered are to be disposed off within 60 days of first hearing. This provision was
not being maintained to a variety of reasons such as (i) prolonging tactics by defending
parties, (ii) deficiencies in strength of cases and relevant documents, lack of credible
evidences to prove guilt and (iii) non availability of time for the Judicial Magistrates.
➢ The courts do not provide copies of orders to the Protection officers.
➢ In general the orders issued by courts are executed diligently. However, in rare cases
implementation of such orders is delayed due to non-receipt of the judgement copies on
time.
➢ Physical torture is one of the major incidents mainly on account of ego factors;
➢ The second most reason for violence is from economic angle to violence since the spouse
expects money from wife. This more pronounced after enactment of central law ensuring
equal share in the property to the female members of the household.

1
Karnataka State Legal Services Authority
K a r n a t a k a E v a l u a t i o n A u t h o r i t y 3|
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
➢ Demand for dowry is another factor which refuses to go. The in-laws expect the daughter-
in-law to bring money with her and if this is not fulfilled, it leads to violence.
➢ There are other factors influenced by the habit/traits of the male members which also lead to
physical torture or where the wife protests her husband against his extra-marital affairs. But
such cases are not many and isolated.
➢ The aggrieved women across the districts/blocks are quite comfortable in approaching and
getting help from exclusive Women Protection Officers than the CDPOs in-charge of
implementation of this Act.
➢ Even though there is no visible involvement of Stree Shakti Groups, they do have influence
over the social set up the rural areas and their voices are heard by all.
➢ Wherever POs are positioned exclusively for dealing with the Act, their achievements are
better than those officers who have to discharge this duty as additionality.

Survey Findings (One to One Interactions with Aggrieved Women :


i. Domestic violence is not necessarily restricted to particular segments of the society,
and is seen irrespective of educational, economic, geographical factors;
ii. Timely response is received in majority of complaints;
iii. Larger number of cases are resolved through counseling and mutual adjustment and
very few cases are stretched to litigation;
iv. Majority of women seek maintenance and financial support as compensatory
measure;
v. Majority of respondents are happy with services of Santwana Kendras even though
they feel that the present facilities with these service providers are deficient;
vi. Women respondents expect improvements in the existing provisions as also delivery
system.
vii. Time limit for disposal of cases is not maintained and cases are dragged for months;
in some cases more than a year;
viii. Respondents go in for appeals and use delaying tactics through the Legal advisers
and this becomes a major hurdle in speedy disposal of the cases;
ix. Mediation Centres try to convince both parties for an amicable settlement before
proceeding to litigation level;
x. Court order copies are not shared/marked by the courts to the concerned POs/DDs
due to which keeping tab on cases becomes difficult;

4|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Executive Summary

RECOMMENDATIONS
Short Term Recommendations
❖ Vigorous and mass awareness campaigns should be organized with wide publicity about the
ACT.
❖ The Department of Women and Child Development, in association with Service Providers,
Police personnel, with the help of Department of Kannada and Culture, Department of
Information and Public Relations, Education and State Women’s Commission, should take
mass education camps/public contact and set a definite Agenda and calendar for this
purpose.
❖ Special “Women Safety Week” should be organized at important clusters/centers.
❖ Since the issues are of serious nature, meetings should prioritize discussions on the issues
involved in the implementation of the Act and place this subject on the priority basis.
❖ Prolonging dispensation of justice to the victims being a major hurdle, the High Court may
advise the Taluka and District Judges to take up such cases on priority basis and settle the
case within 60 days of the time limit;
❖ Issuance of Circulars through High Court of Karnataka to all Judicial Officers to include
POs Police Officers to implement the DV Act;
❖ The copies of court orders should be made available to the POs/DDs soon after a verdict is
delivered so that the concerned officers take necessary steps for execution of such orders;
❖ The District and Taluka level Co-ordination Committees should be advised to hold more
frequent meetings to resolve.
❖ Proper information should be maintained by all and information sharing system needs
to be revisited and a mechanism be introduced to streamline information generation and
sharing for co-ordinated operations;
❖ The Present system of availing services of Advocates as Legal Advisors should be revisited.
Panel of Lawyers from State Legal Service Authorities be appointed,
❖ Special Training on DV Act to be organized for the Lawyers. Their remuneration/fees may
be enhanced and made at regular intervals.
❖ The legal provisions for the safety of women & promoting their interests to be included in
the curriculum of Social Science in 9th and 12th Standard text books in co-ordination with
Education Department.

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 5|
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
❖ The NSS/Scouts/Guides Units in the Schools and Colleges be involved in awareness
campaign on legal provisions related to women’s issues in surrounding villages. A village
adoption approach to be followed for the same supported by Legal service Authority; in
coordination with DWCD.
❖ Women’s Organizations, Service Providers, Gram Panchayat Members, Self Help Groups,
Youth Associations to join together to create a platform for awareness, assistance and follow
up action.
❖ The staff working in Service Providers should be provided periodical orientation/training at
District level on methods, strategies to be used in handling cases of domestic violence.

Long Term Recommendations

 Women Exclusive Protection Officers should be filled up in all the blocks.


 Emphasis should be given to provide facilities of Psychological Counseling at District
hospitals to support the victims of violence and their family.
 Service Providers should be advised to deploy staff and mobility to make their services
effectively available. The Government may consider enhancing the service charges and
should ensure that they are equipped with minimum infrastructure facilities and staff
trained in such works.
 There should be uniform/single Format to be used in all the districts in order to ensure
data consolidation and analysis;
 Introduce compulsory free primary, higher and PG education for all the women
through Education Department.
 Promote Women’s education through adequate financial assistance and infrastructure
facilities like schools, hostels, toilets etc to create awareness about rights of women and
generate confidence in them to fight against violence and bring about a social change.

Recommendation for Policy changes

✓ There is need to review the trends in number of cases requiring judicial intervention under
this scheme and the time taken in their disposal and formulate suitable policies (including
provision of additional facilities / Judges) to deal with the cases under this scheme
exclusively so as to maintain the time limit. However, larger debate on this may be
necessary.

6|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
SECTION 1

INTRODUCTION

Women across the globe have been subjected exploitation and physical and mental torture and
violence. Such violence has no barriers of any kind since this is found in all social strata.
Dominance of males over female members in a family is obvious and in many cases women
themselves seem to be encouraging such incidences of violence (eg. Dowry demand). Thousands of
cases which go unreported every day due to indifference among the people. Behind closed doors of
homes all across our country, people are being tortured, beaten and killed. It is happening in rural
areas, towns, cities and in metropolitans as well. It is crossing all social classes, genders, racial lines
and age groups. It is becoming a legacy being passed on from one generation to another.

Though Domestic Violence may happen with wife, husband, son, daughter, mother, father,
grandparent or any other family member, violence against women assumes alarming proportions in
all societies. The factors contributing to this could be the desire to gain control over another family
member, the desire to exploit someone for personal benefits, psychological problems and social
influence also add to the vehemence. Their causes of occurrence in households have been analyzed
categorically. The variation in the intensity of the forms with change in the geographical location
and culture has also been addressed. The after effects of different kinds of domestic violence and
the possible remedies have been highlighted. Finally, a conclusion has been drawn after the
complete analysis of the topic with the juxtaposition of facts and figures at hand.
Our constitution makes equality before the law a fundamental right and offers equal protection of
the laws to everyone equally. Any discrimination against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them is prohibited. To give protection several laws were
passed for women and children under Article 15(3). Nevertheless huge gap visibly existed between
lack of remedy and increasing violence against women and internationally voice was raised time
and again and CEDAW came into existence in 1979. Our constitution under Article welcomes any
International Conventions under Article 253 of the constitution and gives parliament power to make
any law for implementing any treaty, agreement or convention. When India signed the Convention
on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979 on 30 th July
1980 and ratified it on 9th July 1993 with certain reservations it became obligatory for India to enact
special legislation to protect every woman in India from domestic violence. Accordingly in 2005
the PWDV Act enacted though Optional protocol to convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), 1999 is not signed by India yet.
K a r n a t a k a E v a l u a t i o n A u t h o r i t y |7
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
It was after 12 years of ratifying CEDAW India decided to stop violence within homes considering
same as the human right violence and considering the Vienna Accord of 1994 and the Beijing
Declaration and the Platform for Action (1995) as well as the CEDAW where in its General
recommendation No.XII (1989) has recommended that the State parties should act to protect
women against violence of any kind especially that occurring within family passed the PWDV Act
in 2005.

This Act aims to address every minute aspect of the domestic violence through adapting both
criminal and civil mechanism towards preventing and protecting every woman from being victims
of domestic violence though from 1983 domestic violence meted out to wife alone was addressed
through criminal law under Section 498A IPC. This Section came due to women’s movement in
1980’s demanding strict law against dowry death and bride burning. So the section focused only on
married women but did not address domestic violence faced by every woman in home.

Domestic Violence against Women-Causes


➢ This violence is most common of all. One of the reasons for it being so prevalent is the
orthodox mindset of the society that women are physically and emotionally weaker than the
males.
➢ Though women today have proved themselves in almost every field of life affirming that
they are no less than men, the reports of violence against them are much larger in number
than against men.
➢ According to United Nation Population Fund Report, around two-third of married Indian
women are victims of domestic violence and as many as 70 per-cent of married women in
India between the age of 15 and 49 are victims of beating, rape or forced sex. 1
➢ In India, more than 55 percent of the women suffer from domestic violence, especially in the
states of Bihar, U.P., M.P. and other northern states. According to a latest report prepared by
India’s National Crime Records Bureau (NCRB), a crime has been recorded against women
in every three minutes in India.
➢ Every 60 minutes, two women are raped in this country. Every six hours, a young married
woman is found beaten to death, burnt or driven to suicide.
➢ The most common causes for women stalking and battering include dissatisfaction with the
dowry and exploiting women for more of it, arguing with the partner, refusing to have sex

1
Source: UNPF REPORTS and NCRB DATA
8|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Introduction
with him, neglecting children, going out of home without telling the partner, not cooking
properly or on time, indulging in extra marital affairs, not looking after in-laws etc.
➢ In some cases infertility in females also leads to their assault by the family members. The
greed for dowry, desire for a male child and alcoholism of the spouse are major factors of
domestic violence against women in rural areas. In urban areas there are many more factors
which lead to differences in the beginning and later take the shape of domestic violence.
➢ Working women are quite often subjected to assaults and coercion sex by employees of the
organization. Violence against young widows has also been on a rise in India, cursed for
their husband’s death and are deprived of proper food and clothing. At times, women are
even sexually coerced by their partner themselves against their will. They are brutally beaten
and tortured for not conceiving a male child.
➢ A common Indian house wife has a tendency to bear the harassment she is subjected to by
her husband and the family. One reason could be to prevent the children from undergoing
the hardships if she separates from the spouse.

Consequences of Domestic Violence


There are varied consequences of domestic violence depending on the victim, the age group, the
intensity of the violence and frequency of the torment they are subjected to.
➢ Living under a constant fear, threat and humiliation are some of the feelings developed in
the minds of the victims as a consequence of an atrocious violence.
➢ The consequences of the domestic violence in detail can be broadly categorized under the
effect on the victim himself/herself and the family, effect on the society and the effect on
nation’s growth and productivity.
➢ The ‘Effect on the victim’ has been further subcategorized for women, men, children and
olds.
➢ One of the severe effects of domestic violence against women is its effect on her children. It
is nature’s phenomenon that a child generally has a greater attachment towards the mother
for she is the one who gives birth.
➢ A child may become upset about the happening deeply. Children may not even comprehend
the severity of the problem.
➢ When the violence against women is openly done in front of them since their childhood, it
may have a deeper and gruesome impact in their mindset. It’s common in rural homes in
India which are victimized by the evil of domestic violence.

9|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department

Effect of Domestic Violence on the society


➢ All the different forms of violence adversely affect the society. Violence against women
may keep them locked in homes succumbing to the torture they face.
➢ If they come out in open and reveal the wrong done to them for help and rescue, it
influences the society both positively and negatively.
➢ At one hand where it acts as an inspiration and ray of hope for other suffering women, on
the other hand it also spoils the atmosphere of the society.

Salient Highlights of the DV Act and Rule 2


The Protection of Women against Domestic Violence Act (PWDV) Act 2005and rules define wide
ranging types of domestic violence against women and remedies which include:
Definitions: In this Act, unless the context otherwise requires,-:

(a) Aggrieved person means any women who is, or has been, in a domestic relationships with
the respondent and who alleges to have been subjected to any act of domestic violence by
the respondent;
(b) Child means any person below the age of eighteen years and includes any adopted, step or
foster child;
(c) Compensation order means an order granted in terms of section 22;
(d) Custody order means an order granted in terms of section 21;
(e) Domestic incident report means a report made in the prescribed form on receipt of a
complaint of domestic violence from an aggrieved person;
(f) Domestic relationship means a relationship between two persons who live or have at any
point of time, lived together in a shared household, when they are related by consanguinity,
marriage, or through a relationship in the nature of marriage, adoption or are family
members living together as a joint family;
(g) Domestic violence has the same meaning as assigned to it in section 3;
(h) Dowry shall have the same meaning as assigned to it in section 2 of the Dowry Prohibition
Act,1961 (28 of 1961);
(i) Magistrate means the Judicial Magistrate of the first class or as the case may be, the
Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure,1973

2
Protection of Women from Domestic Violence Act 2005 Rules 2006
10|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Introduction
(2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the
respondent resides or the domestic violence is alleged to have taken place;
(j) Medical facility means such facility as may be notified by the State Government to be a
medical facility for the purpose of this Act;
(k) "monetary relief" means the compensation which the Magistrate may order the respondent
to pay to the aggrieved person, at any stage during the hearing of an application seeking any
relief under this Act, to meet the expenses incurred and the losses suffered by the aggrieved
person as a result of the domestic violence;
(l) "notification" means a notification published in the Official Gazette and the expression
"notified" shall be construed accordingly;
(m) "prescribed" means prescribed by rules made under this Act;
(n) "Protection Officer" means an officer appointed by the State Government under sub-section
(1) of section 8;
(o) "protection order" means an order made in terms of section 18;
(p) "residence order" means an order granted in terms of sub-section (1) of section 19;
(q) "respondent" means any adult male person who is, or has been, in a domestic relationship
with the aggrieved person and against whom the aggrieved person has sought any relief
under this Act:

Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may
also file a complaint against a relative of the husband or the male partner;

(i) "service provider" means an entity registered under sub-section (1) of section 10;
(ii) "shared household" means a household where the person aggrieved lives or at any stage
has lived in a domestic relationship either singly or along with the respondent and
includes such a household whether owned or tenanted either jointly by the aggrieved
person and the respondent, or owned or tenanted by either of them in respect of which
either the aggrieved person or the respondent or both jointly or singly have any right,
title, interest or equity and includes such a household which may belong to the joint
family of which the respondent is a member, irrespective of whether the respondent or
the aggrieved person has any right, title or interest in the shared household;
(iii) "shelter home" means any shelter home as may be notified by the State Government to
be a shelter home for the purposes of this Act.

11|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
Duties of Government-The Central Government and every State Government, shall take all
measures to ensure that

a. the provisions of this Act are given wide publicity through public media
including the television, radio and the print media at regular intervals;
b. the Central Government and State Government officers including the police officers and the
members of the judicial services are given periodic sensitization and awareness training on
the issues addressed by this Act;
c. effective co-ordination between the services provided by concerned Ministries and
Departments dealing with law, home affairs including law and order, health and human
resources to address issues of domestic violence is established and periodical review of the
same is conducted;
d. Protocols for the various Ministries concerned with the delivery of services to women under
this Act including the courts are prepared and put in place.

Procedure for obtaining Orders of Reliefs

i. Application to Magistrate
ii. Service of notice
iii. Counseling
iv. Assistance of welfare expert
v. Proceedings to be held in camera
vi. Right to reside in a shared household
vii. Protection orders
viii. Residence orders
ix. Monetary reliefs
x. Custody orders
xi. Compensation orders
xii. Power to grant interim and ex parte orders
xiii. Court to give copies of order free of cost
xiv. Duration and alteration of orders
xv. Relief in other suits and legal proceedings
xvi. Jurisdiction

12|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Introduction
xvii. Procedure-(1) Save as otherwise provided in this Act, all proceedings under sections
12,18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the
provisions of the Code of Criminal Procedure, 1973 (2 of 1974). (2) Nothing in sub-
section (1) shall prevent the court from laying down its own procedure for disposal of an
application under section 12 or under sub-section (2) of section 23.
xviii. Appeal-There shall lie an appeal to the Court of Session within thirty days from the date
on which the order made by the Magistrate is served on the aggrieved person or the
respondent, as the case may be, whichever is later.
In the event of non-compliance of the order, the aggrieved woman can make an appeal against
non-compliance

The Act and rules are implemented through the Women and Child Development Department
supported by a number of district and block level officials viz(i) Protection officer (ii) Service
Centers (iii) Police Department (iv) Service Providers (v) Short stay homes - (vi) Legal
Advisors.

The Act provides detailed framework of roles and responsibilities of each of the
officers/agencies at all level. The Act also provides for coordination and advisory committees at
State, District and Block levels.(Full Act in Annexure-6)

Basis for Study


The PWDV Act and Rules are in force for more than a decade of implementation in the State. Over
the years, several cases of wide ranging nature have been registered and some of them are resolved
while large numbers of cases are still pending to be settled/resolved. During the recent three-four
years, the numbers of cases have also increased substantially and area waiting resolution. These
cases relate to violence affected women and need to be addressed on priority basis. Keeping in view
the present status of cases, it is necessary to look understand the causes of delays. This is possible
only when a study (i) implementation mechanism and (ii) implementation processes to identify
bottle necks and hurdles in dispensing justice to the aggrieved women without loss of time and to
this end, clear possible hurdles in accelerated disposal of cases. It is with this objective the GOK
sponsored a study to evaluate the two important aspects of the implementation of the ACT through
third party / consultants. The study is expected to bring out deficiencies in the existing processes
and mechanism put in place, using multiple methods and evaluation techniques. This would
facilitate the Government of Karnataka and India, to evolve effective strategies for achievement of
the objectives of the Act.
13|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
PWDV Act in Karnataka
Karnataka Government has been pursuing the Government of India Act with a view to
minimizing/curbing violence against women and for this purpose, has created necessary mechanism
at State, District and Taluka levels. The implementation of the provisions of the Act is vested with
the Project Director, Women and Child Development. At District level, the Deputy Directors are
entrusted with additional charge of monitoring and supervision of implementation. The Act
provides that at each Taluka there should be a Taluka Protection officer exclusively for enforcement
of the provisions of the Act. Wherever the POs are not appointed, the Taluka level officers
(C.D.P.O) of DW&CD are designated to co-ordinate and supervise the activities of the NGOs
which are contracted to operate Swadhar and Santwana Kendras in respective Talukas. Therefore,
there is need to curb such social ills. The introduction of the PWDV Act has come as a great boon
to the aggrieved women folk across the country.
Table below shows the trends in registration of cases of domestic violence against women.
Table 1: Complaints Registered from 2007-08 to 2015-16

Year
Sl.
Details 2007- 2008- 2009- 2010- 2011- 2012- 2013- 2014- 2015- Total
No
08 09 10 11 12 13 14 15 16
1 No of cases 256 1407 2173 3165 4143 4024 5796 5280 5882 32126
Registered
2 Cases disposed in 145 252 288 77 335 506 307 367 151 2428
courts
3 Protection orders 51 90 116 64 304 206 62 121 22 1036
issued
4 Residence Orders 39 54 140 48 299 356 49 59 11 1055
Issued
5 Monetary Orders 100 127 212 142 326 459 174 200 21 1761
issued
6 Child custody 8 16 74 52 6 259 7 22 3 447
orders issued
7 Interim relief 26 119 212 59 136 304 223 168 58 1305
orders issued
8 Compensation 14 103 188 6 231 356 117 110 23 1148
paid
9 Ex-parte orders - 65 60 7 145 34 72 37 0 420
issued
10 Cases settled 203 214 686 993 985 900 800 850 600 6231
through
counselling
11 Appeals to higher - 8 104 53 238 22 112 20 2 559
courts
Total 586 1048 2080 1501 3005 3402 1923 1954 891 16390
Pending Cases 91 359 1085 1664 1138 622 3873 3326 4991 15736
Source: Department of Women and Child Development
14|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Introduction
Chart 1: Cases Registered, Disposed in Courts and Settled through Counseling
(In numbers)

7000

6000 5796 5882


5280
5000

4000 4143 4024 No of cases Registered


3000 3165
Cases disposed in
2000 2173
courts
1407
1000 993 985 900 800 850 Cases settled through
686 600
256
203 252
145 214 288 335 506 307 367 151 counseling
0 77
2007-08

2008-09

2009-10

2010-11

2011-12

2012-13

2013-14

2014-15

2015-16
Year

Chart 2: Dealing with Complaints Received

Dealing with complaints received


1.74 0.00 Cases disposed in courts

7.56 Protection orders issued

3.22 Residence Orders Issued


19.40
3.28 Monetary Orders issued

5.48 Child custody orders issued

Interim relief orders issued


3.57 4.06
1.39
1.31 Compensation paid
0

15|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department

Chart 3: Pending Cases (In Nos)

Pending Cases
6000

5000

4000

3000

2000

1000

0
2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16
Year

16|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
SECTION 2

BASIS FOR GOVERNMENT INTERVENTION

Basis
The principles of welfare state underline well-being of all citizen of the country irrespective of
caste, creed, gender, and age. A country can achieve economic progress only when all sections of
the society receive equal opportunities for advancement and growth. In turn, the objectives of a
healthy society can be realized only when all the social ills are eradicated and citizen are protected
against violence of all types and physical harm. Any lack of safety and security of any segment will
have led to inequality, deprivation and far reaching consequences in not only domestic lives of the
people but also the social set up.
In recent years the State response to the domestic violence is combination of effort between law
enforcement agencies, social service agencies, the courts and corrections/probation agencies. The
role of all these have increased last few decades, and brought their activities in public view.
Domestic violence is now being viewed as a public health problem of epidemic proportion all over
the world – and many public, private and governmental agencies are making vigorous efforts to
control violence against women. There are several organizations-government and non-government -
actively working to fight the problems generated by domestic violence across all communities.
State Intervention
Latter part of twentieth century saw a number of interventions by the State to curb the menace of
domestic violence against women and several measures were taken against offenders through
legislations and enactments. As a result, brazenness with which such crimes were committed could
be contained if not altogether stopped as it required huge efforts and educating people on the ills of
such practices that promoted or supported violent treatment of women for one reason or other.
1. In 1983, domestic violence was recognized as a specific criminal offence by the introduction
of section 498-A into the Indian Penal Code. This section deals with cruelty by a husband or
his family towards a married woman.
2. The Government of India passed a Domestic Violence Bill, 2001, “To protect the rights of
women who are victims of violence of any kind occurring within the family and to provide
for matters connected therewith or incidental thereto.
3. The “Protection of Women from Domestic Violence Act, 2005” [PWDVA, 2005] also was
passed”. This Act ensures the reporting of cases of domestic violence against women to a
‘Protection Officer’ who then prepares a Domestic Incident Report to the Magistrate “and
K a r n a t a k a E v a l u a t i o n A u t h o r i t y |17
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
forward copies thereof to the police officer in charge of the police station within the local
limits of jurisdiction.1
Role of Service Providers
The Service Providers are playing key role in supporting the Government and complementing State
efforts in controlling the domestic violence and curbing its worse consequence. A number of service
providers are retained by the Government in violence intervention for women and children
especially in cases of sexual violence, sexual harassment, and domestic violence.
Police
Police plays a major role in tackling the domestic violence cases. The Law and Order enforcing
Agency also has been roped in aimed at tackling the issue more effectively. The Department also
has huge task of identifying the cases and bringing the guilty to book. But, again, some more
effective measures are required.
Legal
The current array of legal interventions to address family violence includes service interventions,
procedural and jurisprudential reforms, and efforts to build capacity and expertise in legal and
social institutions to invoke legal sanctions-whether threatened or actual. Legal interventions, which
include both the criminal and the civil justice systems, have several goals: identifying cases to bring
abusers and their victims under the control and protection of legal and social institutions; addressing
procedural and evidentiary problems in criminal prosecution; expanding the array of civil
interventions to protect victims of abuse; reducing further violence by offenders; and increasing the
range of social and legal controls affecting individuals, families, and communities.
Need for Intervention
Over the years, atrocities on women have surged irrespective of socio-economic and educational
strata’s and in spite of advancement technology. Historical aberrations in terms of customs and
beliefs have strong influence on the treatment being meted out to women across the country.
Physical and mental tortures are inflicted on the weaker sex due to one or other reason. This has
affected the social well- being and welfare of families in general and women in particular. Age old
ills of dowry, system, and treating women as second class beings and requiring them to be ever
subservient to the family members need to be addressed holistically and the Government of India as
also respective state governments have been making concerted efforts to curb this social menace.

1
Protection of Women from Domestic Violence Act 2005 Rules 2006
18|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Basis for Government Intervention

PWDV Act and IPC 498A–A Comparison


Sl.
IPC 498A PWDV Act
No
1 Inserted in IPC in 1983 to curb Enacted in 2005 to protect all women from
cruelty, dowry harassment and death violence within homes
of married women.
2 Criminal Proceedings before the Quasi Criminal and Quasi Civil Proceedings
Magistrate before the Magistrate and particularly Sec.31
empowers the Magistrate to punish the
respondent for commission of breach of
protection order or of an interim order, with
imprisonment of either description for a turn
which may extend to one year or with fine
which may extend to Rs.20,000/- or with both
and also to frame charges under Sec.498-A of
IPC and other provisions of Dowry Prohibition
Act.
3 Only the Jurisdictional Magistrate Application can be filed before any Magistrate
Court where the offence has taken exercising Jurisdiction under the CrPc in the
place can be approached area where the aggrieved person resides
temporarily or otherwise or the respondent
resides or the domestic violence is alleged to
have taken place.
4 CrPC strictly applies Court can lay down its own procedure
5 Criminal Remedy- Both the Police or Criminal and Civil Remedy - Through
the Jurisdiction Magistrate can take Protection Officer or aggrieved women on her
cognizance of the offence. own can directly approach court
6 Aim is to punish the offender Aim is to protect the aggrieved women and also
punish offender if he disobey court order
7 Only punishment to offenders and no Protection, Maintenance, Shelter, Custody,
protection is offered to women. Medical Care and Compensation Orders are
provided.

19|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
8 Except the Jurisdiction Magistrate Protection Officers and Service providers assist
and the Police Officers concerned no the aggrieved women by submitting DIR to
other officers can be approached. court and also assist Magistrate in executing
his/her orders
9 No interim orders Interim orders through Court
10 No protection orders available Violence prevention and Protection orders are
passed

Supreme Court Judgment on PWDVA


“The Supreme Court has said a woman can invoke the Domestic Violence Act for brutality and
sufferings caused to her, even for a period before the existence of social welfare legislation.
The top court declined to interfere with a judgment stating that a woman, whose marriage stood
dissolved before coming into force of the Protection of Women from Domestic Violence Act, can
also seek redressal of her complaints under the same law.
A bench of Justices Ranjan Gogoi, R Banumathi and Navin Sinha rejected arguments by advocate
Dushyant Parashar on behalf of petitioner Mohammad Talib Ali that the Act, which came into being
on October 26, 2006, cannot be applied with retrospective effect”.

Source: Deccan Herald Newspaper dated: 13-05-2018

Supreme Court Judgment on IPC 498-A

“On July 27, the Supreme Court laid down directions in Rajesh Sharma and Ors vs State of
UP “to prevent the misuse of Section 498A [on a husband or his relative subjecting a woman to
cruelty] of the Indian Penal Code (IPC) as acknowledged in certain studies and decisions”.
Incidentally, this is the same court that chose to look the other way when LGBT activists,
in Suresh Kumar Kaushal vs Naz Foundation, brought to its notice the wanton abuse of another
sister penal provision, Section 377, saying that “mere fact that the section is misused by police
authorities” would not impact upon the legality of the provision.
Section 498A of the IPC has “terrorized men folk” for a while now since its birth in the statute
book in 1983. Statistics of a large volume of non-follow up or acquittals under this provision
adulterated with a generous measure of anecdotal evidence of cases of “husband and in law
harassment by false implication in ‘dowry cases’” has contributed to the successful counter
narrative of “misuse” which the court has bought into the Rajesh Sharma order.

20|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Basis for Government Intervention
Shaken by the all-round criticism of its retrograde acquittal in 1978 of the constables who
allegedly raped a tribal girl in Mathura, India’s top court has had a catharsis with a series of
pro-women judicial decisions. Be it the Mary Roy case (1986, when the Supreme Court
upheld Christian women’s inheritance rights), the Shah Bano case (1986, upholding Muslim
women’s right to maintenance on divorce), the Rupan Deol Bajaj case (1988, in favour of
women co-employees’ right against sexual harassment), the Vishakha judgement (1996, listing
guidelines on workplace sexual harassment), the Gurmit Singh case (1996, ruling that the sole
testimony of a woman is sufficient to convict a rapist), or the Githa Hariharan case (1999,
granting a mother’s right to be a guardian) – the top court has been emphatic about its gender
sensitivity”.
Source: Indian Khanoon.

In Karnataka as in the case of rest of the country, women continue to receive similar ill-treatment.
Going by the number of cases registered, across the country and also. Karnataka, there is need to
take effective steps to mitigate sufferings of the women. This cannot be done only through
legislation but approach has to address wide gamut of social, educational, economic and socio-
cultural and socio-religious issues.

The passage of the PWDV Act has come as a great boon and provided relief to thousands of
aggrieved women across India.

21|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department

22|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
SECTION 3

PROGRESS REVIEW

Karnataka

Government of Karnataka has been vigorously pursuing the objective of safeguarding ensuring
security and safety of women, through this Act which is being implemented across the State in all
the 204 Blocks of 30 districts. The PWDV Act and rules are being implemented from 2007-08 in
the state through the Department of Women and Child Development. In each District, the Deputy
Directors, Department of Women and Child Development have overall responsibility. At Taluka
level, of as many as 215 Protection officers’ posted. At taluka level 47 Women Protection Officers
have been positioned to attend to the day to day operations under the Act of whom 24 are Law
Graduates. In remaining taluk as many as 157 Taluka level Women and Child Development
Protection Officers are vested with additional charge of implementation of the provisions of the
Act.
With a view to facilitating review of the progress under the Act, the methodology used (as in
section 8) included:

i) preparation of formats, questionnaire schedules for capturing primary and secondary


information
ii) Visits to District, Block level officers of Women and Child Development officers, have
been undertaken
iii) Interactions with in charges of these Centers are completed.
iv) Visits and Interactions with Swadhar/Santwana, Legal Advisors have been undertaken.
v) As many as 12 with Deputy Directors, 25 CDPOs/Protection officers and Service
Providers, 25 Swadhar/Santwana Kendras Focused Group Discussions were held with
stake holders;
vi) Case studies victims of Domestic Violence (12)
vii) Interactions with as many as 183 affected women and whose cases were closed were
also held in selected Districts.
viii) Desk review/Literature Review (a) PWDV Act 2005/Rules 2006, NO. 43 OF 2005 [13th
September, 2005.] (b) Indian Research Journal Edition (c) Printed Books and
WESBSITE of the Dep’t for Women and Child Welfare. (d) Domestic Violence.org.
(Website) (e) Summary Report of three studies 1999- September 1999. International
Centre for Research on Women and Centre for Development and Population Activities.
K a r n a t a k a E v a l u a t i o n A u t h o r i t y |23
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
(f) www.isca.inVol. 2(1), 34-37, January (2013) (g) Effectiveness of women and child
development programmes: a study in Karnataka ISSN 2277- 3630IJSSIR, Vol. 2 (8),
August (2013)

The protection officers are mandated to:-


Roles and responsibilities of protection officers (in terms of qualification duties attended as given in
the Act and difficulties they faced)

i. To listen to the aggrieved women in an empathetic manner/and offer counseling services


initially
ii. To assist the aggrieved in making a complaint
iii. To inform aggrieved woman of her rights.
iv. To assist in making application to the Magistrate for relief and assist the court in the
discharge of its functions
v. To prepare a safety plan (Form V of the Rules)
vi. Ensure that aggrieved or her children are not victimized /pressurized consequent to
reporting DV
vii. Liaise between aggrieved and the service provider, police and Judiciary.
viii. Maintain records of Service Providers, Medical Facilities, Shelter Homes in her
jurisdiction
ix. To make a Domestic Incident Report (DIR) or application for protection order on behalf
of the women.
x. To ensure the aggrieved woman is provided legal aid through State Legal Services
Authority
xi. To ensure that orders for monetary relief are complied with.
xii. To ensure medical services, safe shelter & information on service providers is provided
to the women and arranging transport also
xiii. To invite applications from Service Providers and counselors and maintain records of
support services & all documents related to the matter.
xiv. Emergency action: If PO receives information of case of domestic violence through
email/telephone etc. She/he shall reach place of occurrence with police immediately &
record a DIR & present it to Magistrate for appropriate order, without any delay.

24|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Progress Review

Additional duties of Protection Officers with Written direction of Court (Rule 10):
a. Conduct home visit & make enquiry before grant of ex-parte interim order.
b. Conduct enquiry on assets, bank accounts or other documents.
c. Restore possession of personal effects & shared household to aggrieved woman & assist her
in regaining custody of children/Visitation rights
d. Assist the court in enforcement of orders passed.
e. Take assistance of police to confiscate any weapon involved in domestic violence. Any
other duty assigned by state govt. or court.
f. To assist the Magistrate in the discharge of his functions under this Act;
g. To make a domestic incident report to the Magistrate, in such form and in such manner as
may be prescribed, upon receipt of a complaint of domestic violence and forward copies
thereof to the police officer in charge of the police station within the local limits of whose
jurisdiction domestic violence is alleged to have been committed and to the service
providers in that area;
h. To make an application in such form and in such manner as may be prescribed to the
Magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection
order;
i. To ensure that the aggrieved person is provided legal aid under the Legal Services
Authorities Act, 1987 (39 of 1987) and make available free of cost the prescribed form in
which a complaint is to be made;
j. To maintain a list of all service providers providing legal aid or counseling, shelter homes
and medical facilities in a local area within the jurisdiction of the Magistrate;
k. To make available a safe shelter home, if the aggrieved person so requires and forward a
copy of his report of having lodged the aggrieved person in a shelter home to the police
station and the Magistrate having jurisdiction in the area where the shelter home is situated;
l. To get the aggrieved person medically examined, if she has sustained bodily injuries and
forward a copy of the medical report to the police station and the Magistrate having
jurisdiction in the area where the domestic violence is alleged to have been taken place;
m. To ensure that the order for monetary relief under section 20 is complied with and executed,
in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973 (2
of 1974);
n. To perform such other duties as may be prescribed.

25|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
Challenges/Problems faced in implementation

a. Though the cases have been registered, the disposal of cases has been extremely slow, while
the Act stipulates disposal within 60 days.
b. Involvement of the advocates in the cases is minimal since there is no provision for
advocate’s fees. There is difficulty in dealing with the panel advocates and the provision in
the Legal Services Authority is meager.
c. Respondents not appearing in court even after 3-4 summons/court notice – PO should
request for Ex-parte order
d. For issuing summons outside the state, police personnel should be used, as it is difficult for
protection officers to serve it on time through RLAD.
e. Gender Sensitization programme for the magistrates to be conducted regularly as there is
lack of sensitivity in handling domestic violence cases in the magistrate courts.
f. Appeals have become a big bottle neck for women to get orders under this Act time limit
should be fixed for interim order also.
g. Respondents go for innumerable an appeal which not only demotivate women to use this
law, but also delays the entire journey to justice. The very purpose of speedy justice is
derailed because of this. It is important that regulation of appeals under PWDV Act needs to
be chalked out.
h. In High court also time limit should be fixed for appeals under D V Act.
i. Court should mark a copy of order to P O since Protection officers are not receiving interim
orders and final orders in time. Therefore there is difficulty in execution of orders,
especially in cases of monetary relief and maintenance.
j. Protection Officer should guide women to go for pre-litigation and counseling and opt for
Alternate Redressal mechanism since court procedures are of long duration.
k. In Lok Adalaths mediation process can be started instead of court process
l. DPAR should conduct one more study to assess where more posts of Protection Officer can
be sanctioned.

Roles and Responsibilities of Service Providers


To support the administrative setup, as many as 116 NGOs are involved as SERVICE PROVIDERS
to operate in respective locations through their 171 Santwana Centers, 30 Short stay homes and 34
Swadhar Centers are positioned in district as service providers. They are vested with the
responsibility of registering cases, their follow up, counselling, providing assistance in matters
26|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Progress Review

relating to legal matters. Their operations are carried out through (i) Swadhar Kendras and (ii)
Santwana Kendras. Government Hospitals have been nominated to provide special attention to the
cases registered under this Act.

i. Subject to such rules as may be made in this behalf, any voluntary association registered
under the Societies Registration Act, 1860 (21 of 1860) or a company registered under the
Companies Act, 1956 (1 of 1956) or any other law for the time being in force with the
objective of protecting the rights and interests of women by any lawful means including
providing of legal aid, medical, financial or other assistance shall register itself with the
State Government as a service provider for the purposes of this Act.
ii. A service provider registered under sub-section (1) shall have the power to-(a) record the
domestic incident report in the prescribed form if the aggrieved person so desires and
forward a copy thereof to the Magistrate and the Protection Officer having jurisdiction in the
area where the domestic violence took place;(b) get the aggrieved person medically
examined and forward a copy of the medical report to the Protection Officer and the police
station within the local limits of which the domestic violence took place; (c) ensure that the
aggrieved person is provided shelter in a shelter home, if she so requires and forward a
report of the lodging of the aggrieved person in the shelter home to the police station, within
the local limits of which the domestic violence took place.
No suit, prosecution or other legal proceeding shall lie against any service provider or any member
of the service provider who is, or who is deemed to be, acting or purporting to act under this Act,
for anything which is in good faith done or intended to be done in the exercise of powers or
discharge of functions under this Act towards the prevention of the commission of domestic
violence.

Services of Legal Advisors are made available through Karnataka Legal Services Authority, in all
the talukas and these Advisers attend to their task by visiting on all Wednesdays and Saturdays.

Mediation Centres
Mediation is one of the alternative Dispute Resolution methods contemplated under section 89 of
the Code of Civil procedure. Mediation is a process in which a neutral Mediator assists the
disputing parties to resolve their disputes. A neutral Mediator uses special negotiation skills and
communication techniques to help litigants bridge their differences and resolve their dispute.
Mediation leaves the decision making power with the parties. A Mediator does not decide what is

27|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
fair or right but acts as a catalyst to bring the disputing parties together by defining the issues and
eliminating obstacles for communication and settlement1.
Features of Mediation
a. Voluntary
b. Confidential parties decide what information may be shared with the other party in the
mediation.
c. Structured and Informed process
d. Informal focusing on the parties interests rather than the rules of procedure and evidence
e. Flexible enabling the parties to resolve the dispute by themselves
f. Time and cost effective
Benefits of Mediation

i. Produces satisfying results. Helps to settle all or part of the dispute


ii. Saves time and money. Provides for a lasting resolution.
iii. Reduces hostility between the parties. Narrows the issue in dispute.
iv. Encourages creative solutions for mutual benefit and protects confidentiality.
v. Provides for refund of Court fee as per Law.

About the Mediation Process


A Mediator meets the disputing parties, their Advocates, third parties if any in a joint session. After
a brief introduction by the Mediator about the Mediator’s role and about the Mediation process, the
disputing parties will be provided with an opportunity to narrate the background of the case and the
actual facts. As per the requirement, the Mediator may have private sessions with the disputing
parties / advocates/third parties, in order to evolve various settlement options. If dispute is not
resolved, the case will be returned to the Referral Court of adjudication.

Duration of Mediation

The mediation process can take a maximum of 60 days. Any number of sessions can take place
within a span of 60 days depending on the circumstances of each case. If a matter is not settled in
mediations, it will be returned to the Court for further adjudication from the stage at which it was
referred for mediation.
The State Health and Family Welfare Department has advised all the Government Hospitals and
Dispensaries in the state to provide all necessary medical services/ assistance to the women.

1
Karnataka State Legal Services Authority
28|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Progress Review

The District/Block Officers are supported by Legal Advisors for legal counselling and pursuing
legal matters in the courts.

Progress reporting of cases registered, pending, disposed, compensation paid, cases referred to
Courts is being done at District level and periodical reports are sent to the Directorate.

Awareness campaigns
Three state level works were organized for All Protection officers, Service Providers, Police
personnel, and Medical officers, in collaboration with NIPCID Delhi, Legal Services Authority and
Administrative Training Institute Mysuru. In addition 26 District level workshops were also
organized for the benefit of the officers involved in implementation of the provisions of the Act.

Two workshops were also organized for judicial officer/Judges were organized in association with
Karnataka Legal Academy. A special 1 month training programme was organized for Protection
officers in 2012-13 at Mysuru.

One day Awareness programmes are being organized in 5 hoblis in each Taluka from 2010-11.The
participants come from Village level institutions like Gram Panchayats, Stree Shakti, SHGs, and
Anganwadi workers.

Four Satellite based training programmes were conducted for Stree Shakti Group members, Lady
Police constables, and selected Gram Panchayat Members.

Literature and booklets on the Act and salient features indicating contents and dos and don’ts are
being published in Local Language (Kannada) for the benefit of all concerned,

Progress: Between 2007-08 and 2015-16, as many as 32,126 Domestic Violence cases were
registered across the States. During the last four years alone as many as 22,467 cases were booked
by aggrieved women. However, only 16,390 cases were disposed off (51.01%). Of which more than
19.40% could be resolved through counselling. The increasing number of cases being registered is
an indicator of greater awareness being created among women and more so, enhanced literacy
among them also is a major factor. Therefore, there is need to curb such social ills. The introduction
of the PWDV Act has come as a great boon to the aggrieved women folk across the country.

29|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
Table 2-Summary of Implementation of PWDVA

Cumulative number
Particulars (2007-08 to 2015- Percentage
16)
Cases registered 32126
Cases disposed off in courts 2428 7.56
Protection orders issued 1036 3.22
Residence Orders Issued 1055 3.28
Monetary Orders issued 1761 5.48
Child custody orders issued 447 1.39
Interim relief orders issued 1305 4.06
Compensation paid 1148 3.57
Ex-parte orders issued 420 1.31
Cases settled through
6231 19.40
counselling
Appeals to higher courts 559 1.74
Disposed off 16390 51.02
Pending cases 15736 48.98
Source: Directorate of Women and Child Development GOK

Financial Allocations
The Government of Karnataka had spent a sum of Rs.2738.21 lakhs during the period under study.
The annual expenditure during 9 year period was:-
Sl.No Year Actual Expenditure (Rs. in lakhs)
1 2007-08 64.20
2 2008-09 146.61
3 2009-10 180.71
4 2010-11 348.18
5 2011-12 244.54
6 2012-13 320.88
7 2013-14 500.74
8 2014-15 495.00
9 2015-16 437.35
Total 2738.21
Source: Department of Women and Child Development GOK

30|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
SECTION 4

PROBLEM STATEMENT

Since the incidences of violence against women are age old social stigma and refuse to abate, this
menace needs to be tackled more vigorously. Multi-pronged approaches are called for to ensure that
the constitutional provisions and the Acts and Laws enacted are effectively implemented in letter
and spirit. However, the present legal and administrative regime falls short of requirements as a
number of loopholes exist in the same and the perpetrators of violence and their advisers take
advantage of the same and find an escape route safely.

➢ Many incidences of misinterpretation of the laws and their misuse abound leading to
inability of the law enforcing agencies to pin down the violators.
➢ The Present Act (Protection of Women from Domestic Violence Act 2005) deals
exhaustively on all aspects of violence against women and provides for remedial and
punitive measures. However, the passage of this Act has not resulted in complete eradication
of violence across the country due to a number of inherent deficiencies in the system. There
is absence of co-ordination among different stake holders as also administrative problems.
➢ The Act envisages that greater success is possible only with enlightened population with
greater awareness about the need for prevention of violence against women. However, the
present measures of awareness creation are not enough and need revisit, since understanding
and appreciation of the basic principles of a healthy society is necessary.
➢ Various Agencies are involved in women’s welfare and protection across the country and
Karnataka. However, most of these agencies are functioning in isolation and independent of
other concerned agencies. There is lack of co-ordination among them resulting in duplicity
of efforts and cutting avoidable time, money and energy.
➢ Data generation mechanism on the nature and number of cases of violence and oppression of
women is weak and deficient and there is lot of misreporting / double reporting by different
agencies.
➢ Wherever cases are referred to Courts, there is greater time lag between filing cases and
final verdict due to the courts being overworked. No special treatment is accorded to cases
booked under this Act. Even where courts shown greater interest in delivering the verdict, it
has not been for them to ensure timely remedies;
➢ The average time taken between registrations of cases and final verdicts longer as at present
and this has led to loss of interest/faith in the judiciary system;
K a r n a t a k a E v a l u a t i o n A u t h o r i t y |31
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
➢ In many cases, the implementing agencies have not executed orders passed by courts and
there is tendency to delay in carrying out court orders. This is often on account of
influence/pressure being brought on implementing officers.
➢ Due to large number of posts remaining vacant for considerable period of implementation of
the scheme and enforcement of the contents of the Act has suffered. Unless adequate staff
contingent is made available there would not be any improvement in implementation of the
Act.

32|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
SECTION 5

SCOPE, OBJECTIVES AND EVALUATION QUESTIONS

It essentially focuses on assessing the organizational efficiency in delivering the tasks as provided
in the Act. Simultaneously, the study also focuses on the need to have direct feedback from the
aggrieved persons on their views, experience and expectations from the scheme and provisions of
the PWDVA. Finally, it is intended to identify procedural, operational, legal aspects involved in
effective implementation.

Performance evaluation of each of the agencies involved in implementation of the scheme is the
core term. It is also to assess how far they have fulfilled the scheme objectives
Broad scope objectives
Scope:
(i) The scope of the study covers entire state of Karnataka comprising 30 districts from which
12 districts and 25 Blocks from the sample.1
Objectives
The main objective of the study is to assess (i) whether or not the scheme on Prevention of Violence
Against Women Act is being implemented effectively, whether the provisions of the Act serve the
desired objectives, (ii) whether the aggrieved women have been enabled to take their grievances to
this forum and seek justice to their satisfaction, and (iii) whether the framework of the organization
of Protection officers and other associated agencies has been functioning as per the Act.
Reference Period: The scope of the study is to analyze performance of the scheme implemented
between 2007-08 to 2013-14.
The consultant has devised 6 schedules to seek answers to all the above questions/ aspects
(appended as Annexure 3 to this report).

Study Area
The scheme is being implemented in 204 blocks/talukas of the state. As per Terms of reference, the
study was to be conducted in 25 blocks (around 10%) with a minimum of 5 blocks in each of the
four revenue divisions and representing two or more districts in each division. Further, in each
division the selection of the block should be such that out of five, at least one block where more
than 35 cases are registered should in variably be selected for study. Brief background of the study
area is described below:

1
Terms of Reference (ToR)
K a r n a t a k a E v a l u a t i o n A u t h o r i t y |33
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
1. Bangalore Urban: Bangalore district and is located in the South eastern part of Karnataka.
The district is divided into four Talukas: Anekal, Bangalore North, Bangalore South and
Bangalore East. The population density is 4,381 persons per sq km. Bangalore has a sex
ratio of 915 females per 1000 males and a literacy rate of 88.00%.
2. Chitradurga: Chitradurga district which is located on the valley of the Vedavati river in the
southern part of Karnataka. The district is divided into talukas taluks, namely Chitradurga,
Hiriyur, Hosadurga, Holalkere, Challakere and Molakalmuru. The density of population has
increased from 179 to 197 per Sq.kms. Chitradurga has a sex ratio of 969 females per 1000
males and a literacy rate of 73.81%.
3. Shivamogga: Shivamogga district is located in the central part of Karnataka State. Shimoga
district is divided into seven taluks: Shimoga, Bhadravathi, Thirthahalli, Sagara,
Shikaripura, Soraba and Hosanagara. The district has a population density of 207 inhabitants
per square kilometer. Shivamogga has a sex ratio of 998 females per 1000 males and a
literacy rate of 87.78%.
4. Mysuru –Mysuru district is located at southernmost district of Karnataka State. Mysore
District is subdivided into eight taluks namely: Piriyapatna, Hunsur, Krishnarajanagara,
Mysore, Heggadadevanakote, Nanjangud , Saragur and Tirumakudalu Narasipura. The
district has a population density of 6910.5 inhabitants per square kilometer. Mysuru has a
sex ratio of 985 females per 1000 males and a literacy rate of 87.67%.
5. Chickmagaluru– Chickmagaluru district is located in the foothills of the Mullayanagiri
range. Comprises the taluks namely Chikmagalur, Koppa, Mudigere, Sringeri ,
Tarikere, Kadur and Narasimharajapura. The district has a population density of 158
inhabitants per square kilometer. Chickmagaluru has a sex ratio of 1005 females per 1000
males and a literacy rate of 79.24%.
6. Kodagu: Kodagu district Located in southwestern Karnataka, on the Western Ghats of
India. The district is divided into the three administrative talukas : Madikeri, Virajpet and
Somawarpet. The district has a population density of 135 inhabitants per square kilometer
Kodagu has a sex ratio of 1019 females per 1000 males and a literacy rate of 82.52%.
7. Dharwad: Dharwad district is situated in the Western sector of the northern half of
Karnataka State., and is divided into five Talukas; Dharwad, Kalaghatagi, Kundgol,
Navalgund and Hubli. The district has a population density of 434 inhabitants per square
kilometer. Dharwad has a sex ratio of 971 females per 1000 males and a literacy rate of
80.00%.
34|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
8. Vijaypura: District forms a part of the northern region of Karnataka State and divided in to
five talukas; Vijaypura, Indi, Sindgi, Basavan Bagewadi and Muddebihal. The district has a
population density of 207 inhabitants per square kilometer. Vijapura has a sex ratio of 954
females per 1000 males and a literacy rate of 67.20%.
9. Uttarkannada: Is one of the biggest coastal districts of Karnataka State, is located in the
mid-western part of the state and divided in to eleven talukas; Karwar, Ankola, Kumta,
Honnavar, Bhatkal, Sirsi, Siddapur, Yellapur, Haliyal, Joida and Mundagod. Uttarkannada
has a sex ratio of 979 females per 1000 males and a literacy rate of 78.00%.
10. Kalburgi: Kalburgi district is located in Northern part of Karnataka divided in to seven
talukas; Gulbarga, Alanda, Afzalpur, Jeevragi Sedam, Chincholli, Chittapur. The district has
a population density of 233 inhabitants per square kilometer. Kalburgi has a sex ratio of 962
females per 1000 males and a literacy rate of 78.61%.
11. Yadgiri- District is the second smallest district in the state. There are three talukas in the
district namely Shahpur, Shorapur and Yadgiri. The district has a population density of 233
inhabitants per square kilometer. Yadgiri has a sex ratio of 984 females per 1000 males and
a literacy rate of 52.40%.
12. Bellary: Bellary district is situated on the eastern part of the Karnataka state and divided
into seven talukas namely Bellary, Hospate, Siruguppa, Kudlgi, Sandur, Hadagal and
Hagaribomanhalli. The district has a population density of 300 inhabitants per square
kilometer. Bellary has a sex ratio of 978 females per 1000 males and a literacy rate of
76.63%.
Brief background of the study area
Population
Male/ Literacy
Sl. (2011 Economic
District Female Rate Administration Regions
No Census in Activities
Ratio (in %)
lakhs)
1 Bengaluru 96.20 915:1000 88.00 Anekal, Bengaluru IT Based
(Urban) (North), Bengaluru Industries
(South) Yelahanka.
2 Chitradurga 16.60 969:1000 73.81 Chitradurga, Hiriyur, Edible Oil,
Hosadurga, Holalkere, Textile, Sugar,
Challakere and Cement and
Molakalmuru Power Looms.

35|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
3 Shivamogga 17.60 998:1000 87.78 Shikaripur, Hosanagar, Agriculture
Shivamogga, Sagar, and Industries.
Sorab, Bhadravathi,
TeerthHalli.
4 Mysuru 29.95 985:1000 87.67 H D Kote, Hunsur, K R Agriculture
Nagar, Nanjangud, and Household
Piriyapttan, Saragur, industries.
Mysuru & T.Narasipur.
5 Chickmagal 11.37 1005:1000 79.24 Chickmagaluru, Koppa, Agriculture-
uru Kadur, Mudigere, Plantation
Tarikere, N R Pura Crops
Sringeri
6 Kodagu 5.54 1019:1000 82.52 Madikeri, Somavarpeth Plantations and
Virajperth Tourism
7 Dharwad 18.00 971:1000 80.00 Dharwad, Kundgol Agriculture
Kalaghatagi, Hubli and
Navalgund
8 Vijaypura 21.75 954:1000 67.20 Vijayapura, Indi, Agriculture
Sindagi, Muddebihal
Basavan Bagewadi
9 Uttarkannada 14.37 979:1000 78.00 Karwar, Haliyal, Joida, Agriculture,
Bhatkal, Sirsi, Fisheries and
Siddapur, Yellapur, Forest based
Ankola Mundagod, industries
Kumta &Honnavar.
10 Kalburgi 25.65 962:1000 78.61 Afzalpur, Alanda, Agriculture
Chicholli, Chitapur, Construction
Kalburgi, Jeevargi and labor
Sedam
11 Yadgiri 11.73 984:1000 52.40 Shahpur, Surapur and Agriculture
Yadgiri Construction
labor

36|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
12 Bellary 25.00 978:1000 76.63 Hospet, Kudalagi, Agriculture
Shiraguppa, Sandur, and Steel
Bellary, Hadagali, and industries
H B Halli

Evaluation Questions
These are based on two aspects namely (i) Institutional Mechanism and (ii) Implementation
Process;
Questions forming part of the ToR under the two aspects are:
I. Institutional Mechanism
a. How many awareness campaigns, workshops and training programmes related to PWDW
Act were targeted each year at Taluk/district and state level for women and other stake
holders since inception of the PWDV Act? How many were actually held?
b. How frequently do the Co-ordination Committees meet at Taluk /District levels? What are
the important decisions taken in these meetings, recommendations suggested for speedy
disposal of cases and improvement in the process of implementation of the Act?
c. What is the sanctioned staff strength at State, District and block levels for implementation of
the ACT? Is the staff exclusively dedicated to this task or CDPOs are put in additional
charge of implementing the Act along with other functions of the department? District wise
details may be obtained and analyzed where the cases are disposed off early, i.e. in
talukas/blocks having exclusive/dedicated or in talukas where doing this task as an
additional duty;
II. Implementation process
a. District wise, year wise and nature of case wise statistics (i.e. physical, sexual, emotional
abuse/dowry harassment/IPC498A cases may be collected since inception till 2013-14 and
analyzed. Is there a pattern that can be seen in this which will be used for better
implementation of the Act in future?
b. How many aggrieved women are referred to family counseling centers/ Santwana/Swadhar
centers for counseling by CDPOs/ POs?
c. What percentage of aggrieved women needs immediate short stay facility? How many of
them are actually sent to shelter homes by Protection officers/ CDPO/Police Personnel; How
many of them are actually sent to shelter homes by Protection

37|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
d. Is date of hearing fixed in court within 3 days of the receipt of application by the court?
e. Is the time prescribed for filing the cases, issue of Domestic Incident Reports (DIRs) by
Protection officers/service providers and issue of court notice/summons adhered to? If not,
what is the average time taken to do these? What are the reasons for the delay (where it
exists) and how could it be minimized or avoided? Whether in DIR form-1, under III
economic Violence, “forcing to take up employment” needs to be included.
f. After forwarding of DIR to the magistrate, how many cases were referred for
mediation/Counselling by court and how many cases were settled by counselling/ mediation
in family court / other courts?
g. After forwarding of DIR to the magistrate, where counselling/mediation was not resorted to
or failed, what is the average time taken for hearing and final disposal of the cases in courts?
h. What is the average time taken for issue of Interim Orders?
i. Are Ex-parte Orders issued by court as and when required?
j. Are Magistrates/courts disposing of applications within 60 days from the date of 1st
hearing?
k. Are court interim/final orders given to protection officers/petitioner freely?
l. Are appeals to Courts of session being filed within 30 days of service of order to any of the
parties?
m. Are there any instances of violations of implementing the orders passed by the magistrate? If
so, how many cases are there and what action has been taken on the violators? Give details.
n. Is there any mechanism to collect and store data of Domestic Violence over the years? If
yes, who manages the data? Is the programme reviewed by state/central Government
periodically? Are QPRs consolidated at district and state levels and sent to central
Government?
o. Is there follow up of recommendations of the State/District/Taluk level co-ordination
committees? How many amendments to the PWDV Act were suggested and actually made?
p. Are there any reliable social, economic factors and other habits /vices which correlate to
domestic violence against women?
(E.g. Economic Violence on non-earning homemaker)
(E.g. DV due to drinking or substance abuse by men)
(E.g. DV by men in multiple relationships, gambling by men)
(E.g. More physical violence on un-educated people)
(E.g. More Mental/Emotional violence on educated people)
38|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
q. Do abused women have any preference (non-Government vs. Government agencies) in
seeking help and justice?
r. Is the presence of Stree Shakti self-help Groups of W & CD Dept. Preventive or reactive to
Domestic Violence? Has more awareness been created in general public?
s. What was the basis on which 47 posts of protection officers were created and when was this
done. Is there need to look at the issue of need of more protection officers in the present
scenario?
t. Is the implementation of the PWDV Act significantly different between areas where there
are dedicated full-time Protection Officers as compared to those areas where Protection
Officers/CDPOs are on in-charge duties?
u. If DV case is booked against a person, is he retaliating by booking case under section-12 of
Hindu Marriage Act for Restitution of conjugal rights or section-11 for judicial separation
v. To suggest, based upon the cases studied, measures to control, minimize and, if possible,
eliminate domestic violence against women.

39|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department

40|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
SECTION 6

EVALUATION DESIGN

Since the study deals with mainly two aspects institutional mechanism and implementation process,
evaluation exercise conformed to these aspects and the consultant evolved the design of the study
keeping in mind broad Terms of Reference and more importantly, the evaluation questions. In case
of the first aspect namely, institutional framework, a multi-pronged approach was used in the study.
For this purpose, suitable data sheets/formats were devised to elicit/capture information on various
aspects of working of the institutions involved in implementation of the scheme, monitoring of the
activities of District and field level offices and Agencies, steps involved in ensuring co-ordination
among all concerned, documentation and follow up of cases at Field and District levels and others.

In respect of study of implementation process, questionnaires were devised to elicit elaborate


information from Service Providers, Block Level Offices, District in charges of the schemes and
others involved. Additionally, one to one interactions with officers at State level, District level and
Block level functionaries were held with a view to understand the ground level status, problems
being encountered by these functionaries on a day to day basis. Interactions were also held with
District and State level officers on processes devised/adopted for effective implementation and
monitoring of handling of cases. Views, opinions and suggestions were also recorded for further
study and analysis.

Case studies provide deeper insight into individual cases of victimized women, in terms of how the
scheme benefited them in mitigating the sufferings. This method is being increasingly used in
recent years since they deal with and provide qualitative outputs from such inquiries/research
methods. Hence, the consultant’s approach was to use this technique to elicit information from the
victims of domestic violence. In all, as many as 183 aggrieved women were covered under the
study. Such case studies throw newer issues and highlight prevailing deficiencies in dealing with
cases under the Act.

The next important task was to seek answers to the Evaluation Questions contained in the Terms of
Reference. As many as 22 questions required to be answered using appropriate methods. The
questions pertain to the two main aspects i.e. Institutional framework and implementation process
such as mode and methodology of registration of cases, their follow up, number of cases covered
under counselling, number referred to courts for settlement, nature and number of cases having

K a r n a t a k a E v a l u a t i o n A u t h o r i t y |41
Evaluation Design
special characteristics, timeline for settlement of cases, violations in implementation of the court
orders.

42|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
SECTION 7

EVALUATION METHODOLOGY

Methodology
Efforts were made to collect all the data in addition to one to one and one to many discussions at
Taluk and District levels in selected study areas and based on the inputs; the consultant would offer
short and long term recommendations for effective working of the Act to the advantage of the
affected women.
Keeping this in view, the consultant has initiated following steps:

 Legal Expert (Advocate)


 A team of experts comprising Sociologist and Gender specialist
 Statistician
Was constituted. This team was supported by two Research Assistants and the team has already
commenced its work with:

i) Preparation of formats, questionnaire schedules for capturing primary and secondary


information
ii) Visits to District, Block level officers of Women and Child Development officers, have
been undertaken
iii) Interactions with in charges of these Centers are completed.
iv) Visits and Interactions with Swadhar/Santwana, Legal Advisors have been undertaken.
v) As many as 12 with Deputy Directors, 25 CDPOs/Protection officers and Service
Providers, 25 Swadhar/Santwana Kendras Focused Group Discussions were held with
stake holders;
vi) Case studies victims of Domestic Violence (12)
vii) Interactions with as many as 183 affected women and whose cases were closed were
also held in selected Districts.

The legal Expert who was a Principal Investigator had a major in looking into all cases with
reference to relevant Acts/ Laws, including participation in one to one interactions with
aggrieved women.
The Statistician was instrumental the process of selection of sample using standard Statistic
tools and techniques required to ensure adequate representation.

K a r n a t a k a E v a l u a t i o n A u t h o r i t y |43
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
viii) Desk review/Literature Review (a) PWDV Act 2005/Rules 2006, NO. 43 OF 2005 [13th
September, 2005.] (b) Indian Research Journal Edition (c) Printed Books and
WESBSITE of the Dep’t for Women and Child Welfare. (d) Domestic Violence.org.
(Website) (e) Summary Report of three studies 1999- September 1999. International
Centre for Research on Women and Centre for Development and Population Activities.
(f) www.isca.inVol. 2(1), 34-37, January (2013) (g) Effectiveness of women and child
development programmes: a study in Karnataka ISSN 2277- 3630IJSSIR, Vol. 2 (8),
August (2013)

Selection of Blocks
As per Terms of reference, the study was to be conducted in 25 blocks (around 10%) with a
minimum of 5 blocks in each of the four revenue divisions and representing two or more districts in
each division. Further, in each division the selection of the block should be such that out of five, at
least one block where more than 35 cases are registered should invariably be selected for study.
Information on number of cases registered in each of the district and division was accessed from the
Department of Women and Child Development, Government of Karnataka Bengaluru.
Collected data from all 25 blocks using formats/questionnaires were used.
Table 3- Districts and Blocks selected for the study
Sl.
Division District Talukas/Blocks selected
No
Bengaluru (U) Bengaluru (Central), Yelahanka and Anekal
1 Bengaluru Chitradurga Holalkere, Molakalmuru
Shivamogga Shivamogga, Shikaripur
Mysore H.D Kote, Piriyapttan
2 Mysore Chickmagaluru Kadur, Mudagere
Kodagu Kodagu, Somavarpeth
Dharwad Hubli-Dharwad (U), Kundgol
3 Belagavi Vijaypura Indi, Basavan Bagewadi
Uttar Kannada Karwar, Mundagod
Kalburgi Afzalpur, Alanda
4 Kalburgi Yadgiri Yadgiri, Shahpur
Bellary Hospet, Sandur
Total 12 Districts 25 Blocks

44|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department

1. District PIA(D-1)
2. Protection officers (block level) (P-2)
3. Service Providers (block level) Santwana Centers/Swadhar Centers (S-3)
4. Short stay homes/Health Centers (H-4)
5. Women affected by Domestic Violence whose cases are settled (W-5)
6. Legal Service Authority (L-6)

One-To-One Discussions
Informal interactions with all those concerned with the implementation of the Act such as (i)
District level officers of DW&CD, (ii) Taluk/Block level officers of DW &CD (iii) Legal Advisors
(iv) Service Providers (v) Affected Women (vi) Local body bearers held to elicit information on the
implementation of the Act in each Block, their views, and experiences, Procedures being followed
and their efficacy etc.

Limitations

1. The evaluation exercise involved (i) available secondary data collection from state, district
and talukas level offices of the Women and Child Dev. Department/designated officers (ii)
Service Providers operating Swadhar, Santwana Kendras also stay-homes. While required
information could be accessed from the Service Providers in majority of talukas, offices at
Taluka and District levels could not provide data in spite of repeated requests and visits by
Field investigators and consultant’s team.
2. Wherever regular officers were not posted/ recruited for Taluka level offices, enforcement
of the provisions of the Act has been entrusted to the Department of Women and Child
Development, and these officers expressed their inability to devote requisite time to attend
to the additional tasks and they heavily relied on the Service Providers for every
matter/record/report. Though Service Providers could share data pertaining to their work,
they could not give other required secondary data on training, awareness creation, meetings,
and other related activities. As such there is gap in data availability. This was brought to the
attention of the District in charges but very little could be done by them;
3. It was understood that the aggrieved women preferred to approach the Service Providers
agencies rather than the Department; such cases handled by Service Providers were settled
and directly referred to the judicial process. Thus, there was information mismatch.

45|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department

4. Since the reference period for evaluation is from 2007-08 to 2013-14, many women who
had registered their cases and got remedies of one type or other. However, they could not be
located since they had either re-located elsewhere or some of them could not recollect the
case/reluctant to meet the team for obvious reasons;

46|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
SECTION 8

DATA COLLECTION AND ANALYSIS

The evaluation exercise involved (i) Collection of Primary data from the stake holders as also
implementing agencies (ii) Collection of secondary data from State, District and Block level offices
of the Department as also Service Providers units (Swadhar and Santwana Kendras). Broadly,
following methodology was used in collection of data

Particulars (ToR Questions) Source Methodology


Awareness programmes Directorate, Deputy Use of data sheets/
Campaigns, workshops and Director of Women and formats
training programmes conducted Child Development at Open ended data sheets
State and District levels used by the Department

i. Co-ordination Committee District in-charges of the Through questionnaires


meetings at Talukas, District and DWCD devised to capture
state levels Directorate of Women information.
ii. Decisions taken in the and Child Dev
meetings for speedy disposal of
cases
Sanctioned and Existing staff Directorate of Women Open ended formats used
strength and Child Development by the Department
District wise, year wise and District In charges of Formats devised for
Nature of case wise statistics DW & CD capturing the data
since inception of the scheme Directorate of DW& CD
Women referred to family POs/Santwana Kendras Use of specially devised
counselling centres Swadhar Kendras/ NGOs formats
Percentage of women requiring POs/Service Providers -Do-
immediate short stay facility and
number sent to shelter homes
Date of hearing in courts POs/Service Providers Also through one to one
interactions with service
providers

K a r n a t a k a E v a l u a t i o n A u t h o r i t y |47
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
Adherence of time for filing of POs/ Service Providers/ Use of specially devised
cases, issue of domestic incident District officers/Women questionnaires for POs,
reports by POs/Service Providers Victims NGOs and DW&CDs

Average time taken for the Interactions with the


above; implementing officers

Reasons for not maintaining time


schedule
Cases referred for mediation Karnataka State Legal Interactions with
Service Authority Member secretary and
collection of data.

Average time taken by courts for DWCOs, POs Through interactions


hearing (questionnaires devised
for Judges but could not
be used since it was felt
that asking questions to
the Judges was not
proper and the judges
would not be able to
spare time to fill up such
questionnaires)
Average time taken for issue of POs/Service Providers/ Through interactions
interim orders DWCOs/Records with the officers

Whether ex-parte orders issued concerned and perusal of

by courts records.

Whether Courts are disposing


applications within 60 days from
first hearing
Supply of orders to POs by
Courts
Whether appeals filed within 30 POs/Service Providers/ Through interactions
days DWCOs/Records with the officers

48|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Data Collection and Analysis
concerned and perusal of
records
Instances of violation of orders POs/Service Providers/ Through use of specific
DWCOs/Records questionnaires in respect
of POs/DWCOs/NGOs
Mechanism for collection and State Directorate, District Interactions with
updating of data in charges of DW&CD concerned officers
Follow up of recommendations State Directorate, District Interactions with
of co-ordination committees in charges of DW&CD concerned officers
Number of amendments made in
the Act on the basis of
recommendations
Are there any reliable social, General observations/ Analysis of data on socio
economic factors and other interactions with economic factors in
habits/vices which correlate to District in charges/ POs respective
domestic violence regions/districts and also
through interactions with
implementing agencies,
particularly, NGOs.
Is presence of Stree Shakti and DW & CD/ POs/ Service Interactions with
other NGOs/Social Providers implementing agencies
Organisations helpful in and SHGs
minimising incidences of
violence against women
Basis for creation of 47 posts of Director, Project Interactions
POS Director, Department
Women and Child
Development
Difference in performance in DWCOs, POs Interactions in addition to
implementation between analysis of data for the
exclusively positioned offices reference period.
and offices where the DWC
Officers have additional

49|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
responsibility
Is there any retaliation by the POs/DWCOs/ Service Through interactions and
Person booked under Hindu Providers also use of questionnaires
Marriage Act. to be filled by these
officers.

50|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
SECTION 9

FINDINGS AND DISCUSSISONS

A) Implementation Mechanism:
1. The Act is being implemented through the Department of Women and Child Development.
At District level, the District Women and Child Development are vested with responsibility
of implementation;
2. Though the scheme is in operation in 204 blocks of the state, and as many POs positions are
sanctioned, so far only 47 officers have been positioned in the Blocks. In other blocks,
Block officers of the Women and Child Development are put in additional charge of
implementation
3. As many as NGOs are empanelled as service providers, and 171 Santwana Kendras, (State)
34 Swadhar Kendras (Centre) are established by the NGOs; In addition, 30 Short Stay
homes are also established to provide shelter to aggrieved victims.
4. Legal Advisers of Karnataka State Legal Service Authority are providing legal aid/ support
to aggrieved women;
5. Co-ordination Committees have been constituted in all the Districts;
B) Implementation Process:
1. The implementing officers are adhering to the implementation process as envisaged under
the scheme;
2. Cases of domestic violence are received and registered by the POs and in many cases are
also registered by the service providers (Santwana and Swadhar Kendra)
3. Annual trends show that the number of cases registered increased from 256 in 2007-08 to as
high as 5,882 showing a rise in complaints on which cases were registered.
4. As many as 2428 cases were disposed off in courts during the nine year period and the
annual variations were marginal.
5. Almost 19.40% of the registered cases were settled through counseling and of them, number
of counseled settlements during the last two years were almost 23% of total cases settled
under this method indicating that counseling worked very favorably between the parties.
6. A small percent (6.32%) of cases closed pertained to issuance of protection orders, still
smaller number (420) involved decision on Ex-parte Order;
7. Total number of Interim orders (1305) represented cumulative for nine years. From 26 cases
in 2007-08, interim orders rose to 58 during 2015-16 indicating that the cases could drag for

K a r n a t a k a E v a l u a t i o n A u t h o r i t y |51
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
considerable length of time; So also, cases where compensation was awarded also rose nine-
fold during the same period.

Co-ordination Committees

A three-tier system of coordination committees is put in place to oversee various aspects of


the implementation of the Act; i.e. (i) State level CC (ii) District level CCs and (iii) Taluka
level CCs
I. State Level Coordination committees
The State level Coordination committees Interior Administration department,
Parliamentary Affairs and Governance Department, Information and Publicity
Department, Legal Services Authority, State Women’s Commission and Health and
Family Welfare Department. Hon’ble Registrar General Karnataka High court has
advised all the Magistrates to earmark one day in a week/fortnight/month exclusively
to take up legal cases filed in respective courts. The Police Department, Health
Department, and Voluntary Agencies VAs) have been performing their tasks. The
Police Department is providing services for issuance of summons, house visits,
registration/ filing of legal cases and providing such information/details to the
Protection officers. Also, the Police Department is providing necessary support for
enforcing the Court orders. Similarly, the Service providers are also personally
attending to all such cases and referring them to the Protection officers.
II. District Level Coordination committees
With a view to enforcing the provisions of the Act and ensuring necessary steps the
DLCC, under the Chairmanship of Deputy commissioners of the district, Secretary
District Legal services Authority, District Superintended of Police, District Public
Prosecutors, District Health and Family welfare officers, District information and
publicity officers, and two representatives of the service providers is constituted and
these committees are functioning in all districts;
III. Taluka level Coordination Committees(TLCCs)
These committees are empowered to oversee the working of the machinery. The
committees are headed by Tahsildars of the Talukas with members from Taluka
Legal services committees, Circle Police Inspectors, Govt Asst public prosecutors,
Taluka Health and family welfare officers, Assistant directors of Information and

52|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Findings and Discussions
publicity department service providers’ representatives. In addition, one
representative from Taluka protection homes and Protection officers.
The main tasks/agenda for the District Coordination committee are to:
✓ Ensure that the aggrieved women are provided with proper and adequate protection
under the Act and see that the women get all possible help to afford right to safety as
enshrined in the Constitution of India;
✓ With a view ensure time-bound remedies to the aggrieved women and to this effect
coordinate between all concerned agencies to expedite actions/ decisions;
✓ Focus on expeditious disposal of cases and provide short term and permanent relief
to the affected women;
✓ Give wide publicity and create awareness among the public through print and other
media channels about the Acts and educate them on the need changing the attitude
towards women ;
✓ Arrange periodical trainings and workshops for all officers and staff involved in
implementation of the Act;
✓ Review of the periodical reports/performance of Protection officers and offer
suggestions for improved performance.

Taluka level Co-ordination committee

✓ Ensure that the aggrieved women in their jurisdiction are helped with proper and
adequate protection measures under the Act and see that they get all possible help
and facilitate the right to safety as enshrined in the Constitution of India;
✓ With a view ensure time-bound remedies to the aggrieved women and to this effect
coordinate between all concerned agencies to expedite actions/ decisions;
✓ Focus on expeditious disposal of cases and provide short term and permanent relief
to the affected women;
✓ Give wide publicity and create awareness among the public through print and other
media channels about the Acts and educate them on the need changing the attitude
towards women ;
✓ Arrange periodical trainings and workshops for all officers and staff involved in
implementation of the Act;
✓ Review of the periodical reports/performance of Protection officers and offer
suggestions for improved performance.

53|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
✓ Review the performance of the service providers on a periodical basis, assess and
advise them on various aspects of the Act and provide guidance and advice for better
delivery;
The following Table provides details of Coordination committee meetings and subjects covered in
such meetings at different districts.

Table 4- Frequency of Co-ordination Committee Meeting at Taluk/District/State levels

Sl. Division District Frequency


No Monthly Quarterly Annually Not at all
1 Bengaluru Bengaluru (U) - Yes - -
Chitradurga - - Yes -
Shivamogga - Yes - -
2 Mysuru Mysuru - Yes - -
Chickmagaluru - Yes - -
Kodagu - - Yes -
3 Belagavi Dharwad Yes - - -
Uttarkannada - Yes - -
Vijaypura - Yes - -
4 Kalburgi Kalburgi - Yes - -
Yadgiri - Yes - -
Bellary - Yes - -
Source: Survey

Chart 4: Division wise Frequency of Co-ordination Committee Holding Meetings

Division wise Frequency of holding meetings


(% of total meetings)
Monthly Quarterly Annually

100%

67% 67% 67%

33% 33% 33%

Bengaluru Mysuru Belagavi Kalburgi

54|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Findings and Discussions
Table 4.1-Number of Co-ordination Committee Meetings Held (Year wise and
Numbers)
Sl. Division District Year Grand
No 2007- 2008- 2009- 2010- 2011- 2012- 2013- 2014 Total
08 09 10 11 12 13 14 -15
1 Bengaluru Bengaluru (U) - - - 2 1 1 1 - 5
Chitradurga - - - 3 2 2 2 2 11
Shivamogga - - - 1 - 1 2 1 5
2 Mysuru Mysuru - - - 1 1 - 1 2 5
Chickmagaluru - - - - - 1 4 4 9
Kodagu - - - 1 1 1 1 1 5
3 Belagavi Dharwad 1 3 1 1 1 2 2 1 12
Uttarkannada - - - - 1 - 1 1 3
Vijaypura - - 1 1 1 1 1 2 7
4 Kalburgi Kalburgi - - - 3 1 1 - 1 6
Yadgiri - - - - - - - 2 2
Bellary - - - 1 1 1 - 3 -
Total 1 3 2 14 10 11 15 20 76
Percentage 1.32 3.95 2.63 18.42 13.15 14.47 19.73 26.32 100.00
Source: Survey

Chart 5: Division wise Total Number of Co-ordination Committee Meetings Held

BENGALURU DIVISION MYSURU DIVISION


Total Number of Meetings Held Total Number of Meetings Held
9
11
5 5
5 5

Bengaluru (U) Chitradurga Shivamogga Mysuru Chickmagaluru Kodagu

BELAGAVI DIVISION BELLARY DIVISION


Total Number of Meetings Held
Total Number of Meetings Held
12
6
7

2
3
0

Dharwad Uttarkannada Vijaypura Kalburgi Yadgiri Bellary

55|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
8. Status of positioning of, dedicated staff is given following table.
Government Order Number: DWCD: VG: PWDVA: EXPENDITURE: 1:2016-17 Dated:
21-04-2016
Table 4.2 Total Deputy Directors and Number of Projects
Sl.No District Deputy Director Project Officers Total
1 Bengaluru (U) 1 6 7
2 Bengaluru (R) 1 4 5
3 Ramanagar 1 5 6
4 Dharwad 1 6 7
5 Chickmagaluru 1 7 8
6 Dakshina Kannada 1 7 8
7 Shivamogga 1 7 8
8 Kalburgi 1 9 10
9 Bellary 1 8 9
10 Mysuru 1 9 10
11 Belagavi 1 14 15
12 Davangere 1 6 7
13 Bidar 1 5 6
14 Vijaypura 1 7 8
15 Koppal 1 5 6
16 Chamarajnagar 1 5 6
17 Tumkuru 1 11 12
18 Raichur 1 8 9
19 Hassan 1 8 9
20 Haveri 1 7 8
21 Uttar Kannada 1 11 12
22 Bagalkote 1 6 7
23 Kolar 1 6 7
24 Chickballapur 1 6 7
25 Mandya 1 8 9
26 Udupi 1 4 5
27 Kodagu 1 3 4
28 Gadag 1 5 6
29 Chitradurga 1 7 8
30 Yadgiri 1 4 5
Total 30 204 234
Source: Directorate of Women and Child Development

56|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Findings and Discussions
Table 4.3 Total filled up and Vacant posts of Protection Officers (As on 01-04-2016)
Sl.No District Taluk/Block Office Filled/Vacant DR/PR
1 Bagalkote Badami C.D.P.O Filled DR
2 Belagavi Belagavi (U) C.D.P.O Filled PR
3 Bengaluru (U) SumangaliSevashram C.D.P.O Vacant -
4 Bengaluru (U) Bengaluru (N) C.D.P.O Vacant -
5 Bengaluru (U) Bengaluru State C.D.P.O Filled PR
6 Bengaluru (U) Bengaluru (Central) C.D.P.O Filled DR
7 Bengaluru (U) Bengaluru (South) C.D.P.O Filled DR
8 Vijaypura Indi C.D.P.O Vacant -
9 Vijaypura Sindagi C.D.P.O Filled DR
10 Shivamogga Sagar C.D.P.O Filled DR
11 Shivamogga Bhadravathi C.D.P.O Filled DR
12 Shivamogga Sorab C.D.P.O Filled DR
13 Shivamogga Hosanagar C.D.P.O Vacant -
14 Shivamogga Shivamogga C.D.P.O Filled DR
15 Shivamogga Shikaripur C.D.P.O Filled DR
16 Mysuru K R Nagar C.D.P.O Filled DR
17 Mysuru Hunasuru C.D.P.O Filled PR
18 Mysuru Piriyayapattan C.D.P.O Filled DR
19 Mysuru Mysuru (U) C.D.P.O Filled DR
20 Mysuru T Narasipur C.D.P.O Filled PR
21 Chickballapur Chickballapur C.D.P.O Filled -
22 Chickmagaluru Chickmagaluru C.D.P.O Filled DR
23 Chitradurga Chitradurga C.D.P.O Filled DR
24 Chitradurga Hosadurga C.D.P.O Vacant -
25 Ramanagar Ramanagar C.D.P.O Filled PR
26 Raichur Raichur C.D.P.O Filled PR
27 Raichur Lingasugur C.D.P.O Vacant -
28 Haveri Hirekeru C.D.P.O Vacant -
29 Haveri Hanagal C.D.P.O Filled DR
30 Haveri Haveri C.D.P.O Filled DR
31 Haveri Rannebennur C.D.P.O Vacant -
32 Kolar Bangarpeth C.D.P.O Filled PR
33 Gadag Gadag C.D.P.O Filled PR
34 Gadag Naragund C.D.P.O Filled PR
35 Gadag Mundaragi C.D.P.O Vacant -
36 Gadag Ron C.D.P.O Vacant -
37 Tumkuru Tumkuru (Urban) C.D.P.O Filled PR
38 Tumkuru Tiptur C.D.P.O Filled DR
39 Tumkuru Madhugiri C.D.P.O Filled DR
40 Tumkuru Kunigal C.D.P.O Filled DR
57|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
41 Tumkuru Gubbi C.D.P.O Filled DR
42 Chamarajnagar Chamarajnagar C.D.P.O Filled DR
43 Davangere Davangere C.D.P.O Filled DR
44 Davangere Harihar C.D.P.O Vacant -
45 Dakshina Bantawala C.D.P.O Vacant -
Kannada
46 Dakshina Mangaluru (U) C.D.P.O Filled DR
Kannada
47 Dharwad Hubli Dharwad (U) Filled PR
Sub Total Filled 35
Vacant 12
Total 47
Source: Directorate of Women and Child Development
Awareness programmes: The Protection officers are trained every year at NIPCCD, Bengaluru,
NIPCCD, Delhi and A.T.I Mysuru. As per information available from twelve districts, as many as
996 awareness programmes were conducted. 560 (56.22%) awareness programmes were conducted
at Hobli level. About 212 (21.28%) of such programmes were conducted at
Municipality/Corporation level and 147 (14.76%) and 77 (7.73%) at Taluk Panchayat and Gram
Panchayat level respectively. (Table as below)

Table 4.4-Number of Awareness Programme


Sl. Division District Awareness Programmes at different levels Total
No Municipality/ Taluk Hobli GP
Corporation Panchayat Level Level
level Level
1 Bengaluru Bengaluru (U) 8 5 3 4 20
Chitradurga 11 - - - 11
Shivamogga 17 - 33 - 50
2 Mysuru Mysuru - - 34 6 40
Chickmagaluru 1 - - - 1
Kodagu 1 - 5 - 6
3 Belagavi Dharwad 165 60 - 130 355
Uttarkannada - - 440 - 440
Vijaypura 5 5 25 - 35
4 Kalburgi Kalburgi 2 - 3 4 9
Yadgiri 12 - 12
Bellary 2 7 5 3 17
Total 212 77 560 147 996
Percentage 21.28 7.73 56.22 14.76 100.00
Source: Deputy Director, Department of Women and Child Development
58|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Findings and Discussions
Chart 6: Division wise Total Awareness Programs
BANGALORE DIVISION MYSORE DIVISION
Total Awarness Programs (nos) Total Awarness Programs (nos)
GP Level, 4

Municipality/
Corporation
Municipality/
level, 2
Corporation
level, 36
Hobli Level, 36

Hobli Level, 5

Taluk Panchayat
Level, 5

BELAGAVI DIVISION KALBURGI DIVISION


Total Awarness Programs (nos)
Total Awarness Programs (nos) Municipality/
Corporation
level, 4
Taluk Panchayat
GP Level, 130 Municipality/
Level, 65 GP Level, 7
Corporation
level, 170
Taluk Panchayat
Level, 7

Hobli Level, 465


Hobli Level, 20

Training Programme: It showed total 367 training programmes were conducted in all divisions,
127 training programmes were held at Hobli level, 113 at Gram Panchayat level while only 53
programmes were held in Corporation level. (Table below for details)

Table 4.5- Number of Training Programmes


Training at different levels
Sl. Municipality
Division District Panchayat Hobli GP Total
No / Corporation
Level Level Level
level
1 Bengaluru Bengaluru (U) 10 4 1 6 21
Chitradurga 3 - - - 3
Shivamogga 2 1 - - 3
2 Mysuru Mysuru - - 34 6 40
Chickmagaluru 1 7 35 - 43
Kodagu 2 4 4 - 10
3 Belagavi Dharwad 20 43 - 80 143
Uttarkannada 2 5 3 1 11
Vijaypura 5 5 25 - 35
4 Kalburgi Kalburgi - 5 4 8 17
Yadgiri 4 - 12 - 16
Bellary 4 - 9 12 25

59|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
Total 53 74 127 113 367
Percentage 14.44 20.16 34.60 30.79 100.00
Source: Deputy Director, Department of Women and Child Development
Chart 7: Division wise Total Training Programs
BENGALURU DIVISION MYSURU DIVISION
Total Training Programs (nos) Total Training Programs (nos)
Municipality/
GP Level, 6 Corporation
level, 3

GP Level, 6 Panchayat Level,


11

Hobli
Level, 1
Municipality/
Corporation
Panchayat Level,
level, 15
5

Hobli Level, 73

BELAGAVI DIVISION KALBURGI DIVISION


Total Training Programs (nos) Total Training Programs (nos)
Municipality/ Municipality/
Corporation Corporation
level, 27 level, 8

GP Level, 20 Panchayat
GP Level, 81 Level, 5

Panchayat Level,
53

Hobli Level, 25
Hobli Level, 28

Nature of cases: Of all types of violence, physical torture inflicted on the women victims was
highest as 2029 cases were reported among the twelve districts of twenty five blocks of four
divisions. The harassment pertained to Physical Abuse aspects under which as many as 603 cases
were registered. As many as 363 cases were reported under Dowry Harassment.

➢ Division-wise analysis of cases showed that in case of Bengaluru (U), Chitradurga and
Shivamogga Districts of Bengaluru Division, out of 603 cases registered, 209 were in the
category of physical torture and another 128 cases pertained to Dowry demands. Economic
related cases also were found to be higher at 101 of all cases.
➢ In case of Mysuru, Kodagu and Chickmagaluru Districts of Mysuru Division, 152 cases
registered pertained to Physical Torture. This division also had reported larger number of
cases in all four categories i.e. physical torture, sexual harassment, and economic blackmail
and Dowry harassment.
➢ In case of Dharwad, Uttarkannada and Vijaypura Districts of Belagavi Division as many as
647 cases registered 184 cases pertained to Economic aspects related followed by 163

60|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Findings and Discussions
physical torture cases collectively. This division also had reported larger number of Dowry
harassment cases.
➢ In case of Kalburgi, Yadgiri and Bellary Districts of Kalburgi Division, of the 377 cases,
110 pertained to Emotional/Mental torture while cases in other categories were small in
number.

Following Tables give division wise number and percentage of cases of different categories
registered and dealt with during the reference period.

Table 4.6 Nature of Cases Reported From 2007-08 to 2013-14 (In nos.)

District Block Year

Emotional
Economic

Harassme

Total No.
of Cases
Physical

Mental/

Dowry
Sexual

abuse

nt
Bengaluru Bengaluru 2007- 2 2 3 5 - 12
(Central) 08
2008- 3 5 4 3 1 16
09
2009- 3 1 2 5 - 10
10
2010- 3 2 4 1 1 11
11
2011- 5 - - 4 3 12
12
2012- 13 - 2 2 - 17
13
2013- 9 2 1 5 3 20
14
Yelahanka 2007- 1 - - 3 5 9
08
2008- - - 5 3 5 13
09
2009- 4 2 3 - 7 16
10
2010- 4 5 2 1 3 15
11
2011- 1 3 - 2 3 9
12
2012- 2 3 6 1 - 12
13
2013- 3 - 5 2 3 13

61|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
14
Anekal 2007- 4 - 2 - 5 11
08
2008- 2 1 1 5 3 12
09
2009- 3 1 1 1 3 9
10
2010- 10 - - 2 3 15
11
2011- 1 2 3 2 2 10
12
2012- 5 - - 3 6 14
13
2013- 2 5 2 1 3 11
14
Chitradurg Holalkere 2007- - - - - - -
a 08
2008- 8 4 4 2 2 20
09
2009- 16 2 4 2 2 26
10
2010- 15 4 4 2 4 29
11
2011- 16 6 2 2 4 30
12
2012- 10 5 4 4 5 28
13
2013- 15 - 1 3 4 23
14
Molakalmu 2007- 2 - - - - 2
ru 08
2008- 1 - 2 - - 3
09
2009- 3 2 1 1 - 7
10
2010- 2 1 - - - 3
11
2011- 3 - - - - 3
12
2012- - - - - - -
13

62|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Findings and Discussions
2013- - - - - - -
14

Shivamog Shikaripur2007- 3 - - - - 3
ga 08
2008- 2 - 4 - 6 12
09
2009- 1 - 2 - 5 8
10
2010- 1 - 3 - 2 6
11
2011- 3 - 6 - 8 17
12
2012- 1 - 4 - 6 11
13
2013- 3 1 4 - 8 16
14
Shivamogg 2007- 1 1 2 3 - 7
a 08
2008- 2 3 - 3 - 8
09
2009- 3 1 2 4 - 10
10
2010- 3 5 2 1 1 12
11
2011- 7 - - 4 5 16
12
2012- 3 4 2 2 4 15
13
2013- 5 3 2 5 3 18
14
Mysuru H.D.Kote 2007- - - - - - -
08
2008- 3 3 - 1 2 9
09
2009- 1 2 - 4 1 8
10
2010- 2 - 4 3 1 10
11
2011- 6 - 2 3 1 12
12
2012- - - 2 5 1 9
13
63|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
2013- 2 1 - 4 2 9
14

Piriyayapat 2007- - - 1 1 4 6
tan 08
2008- 1 1 2 1 5 5
09
2009- - 1 2 3 - 6
10
2010- 1 2 3 - 2 8
11
2011- 2 3 - 2 3 10
12
2012- 1 2 5 - 4 12
13
2013- 2 5 - 4 4 15
14
Chickmag Kadur 2007- - - - - - -
aluru 08
2008- 4 2 - - 2 8
09
2009- 2 2 - - 4
10
2010- 3 1 1 - - 5
11
2011- 2 - - - 1 3
12
2012- - - 4 - - 4
13
2013- 2 1 1 1 2 7
14
Mudagere 2007- - - - - - -
08
2008- 8 4 4 2 2 20
09
2009- 16 2 4 2 2 26
10
2010- 15 4 4 2 4 29
11
2011- 16 6 2 2 4 30
12

64|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Findings and Discussions
2012- 10 5 4 4 5 28
13

2013- 15 - 1 3 4 23
14
Kodagu Kodagu 2007- 3 - - - - 3
08
2008- 1 1 5 - - 7
09
2009- 4 1 - 4 - 9
10
2010- 4 - 4 3 2 13
11
2011- 2 2 1 - - 5
12
2012- 3 2 5 1 - 11
13
2013- 4 2 1 1 2 9
14
Somavarpe 2007- 1 - - 1 - 2
th 08
2008- 5 - 1 - 6
09
2009- - 1 - 2 - 3
10
2010- 4 - 1 - - 5
11
2011- 4 - - - - 4
12
2012- 1 2 - 3 - 6
13
2013- 2 3 1 1 1 8
14
Dharwad Hubli- 2007- 3 - 2 - - 5
Dharwad 08
(U) 2008- 12 2 9 2 3 28
09
2009- 15 4 8 1 9 39
10
2010- 6 - 6 7 2 19
11
2011- 8 3 7 - 6 24
12
65|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
2012- 15 6 14 2 10 48
13

2013- 19 7 15 2 7 52
14
Kundgol 2007- - - - - - -
08
2008- 5 2 6 2 - 15
09
2009- 2 - 7 2 1 12
10
2010- 3 - 11 8 1 23
11
2011- 6 - 9 5 2 22
12
2012- 3 - 7 5 - 15
13
2013- 3 - 6 7 1 17
14
Uttarkann Karwar 2007- - - - 2 - 2
ada 08
2008- 4 3 - 2 4 13
09
2009- 1 1 1 5 2 10
10
2010- 5 7 2 3 1 18
11
2011- 4 2 3 1 1 11
12
2012- 5 1 2 3 1 12
13
2013- - 6 3 2 4 15
14
Mundagod 2007- 5 - - - - 5
08
2008- 6 3 2 2 - 12
09
2009- - 2 - 4 - 6
10
2010- 1 4 3 6 - 14
11

66|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Findings and Discussions
2011- 2 5 9 4 - 20
12

2012- 3 4 8 2 4 21
13
2013- - - 3 5 7 15
14
Vijaypura Indi 2007- 1 1 4 - 1 7
08
2008- 2 3 3 - 4 12
09
2009- 5 2 - - - 7
10
2010- 2 1 2 5 1 11
11
2011- 3 5 2 - 4 14
12
2012- 1 2 5 6 - 14
13
2013- 4 3 2 - 7 16
14
Basavanba 2007- - - - - - -
gewadi 08
2008- - 2 5 1 4 12
09
2009- 3 4 6 - 1 14
10
2010- - 5 3 4 5 17
11
2011- 4 - 2 3 - 9
12
2012- 2 7 - 1 1 11
13
2013- - - 7 2 3 14
14
Kalburgi Afzalpur 2007- - - - - - -
08
2008- 2 3 - - 1 6
09
2009- 1 5 3 - - 9
10
2010- - - 2 3 5 10
11
67|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
2011- 4 - 3 1 3 11
12

2012- - - 2 5 1 8
13
2013- 5 3 - 5 1 14
14
Alanda 2007- 2 1 1 - - 4
08
2008- - - - 2 - 2
09
2009- - - - 3 7 10
10
2010- 1 5 3 4 - 13
11
2011- 9 1 - 8 - 18
12
2012- 6 3 - 7 2 19
13
2013- 3 2 1 3 4 13
14
Yadgiri Yadgiri 2007- - - - - - -
08
2008- - - - - - -
09
2009- 3 3 1 4 2 13
10
2010- 2 - 5 - 4 11
11
2011- 2 9 - 13 2 26
12
2012- 1 2 3 5 - 11
13
2013- 4 1 - 2 3 10
14
Shahpur 2007- - - - - - -
08
2008- - - - - - -
09
2009- 7 2 5 1 1 16
10

68|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Findings and Discussions
2010- 2 3 - 2 - 7
11

2011- 1 4 - 3 2 10
12
2012- - 2 3 5 1 11
13
2013- - - 2 3 - 5
14
Bellary Hospet 2007- - - 1 3 - 4
08
2008- - 3 1 2 - 6
09
2009- 1 2 - - - 3
10
2010- 2 3 - 1 - 6
11
2011- 2 3 3 4 - 12
12
2012- 1 3 - - 5 9
13
2013- 2 - - 1 5 8
14
Sandur 2007- 4 - - - 1 5
08
2008- 2 - - 8 - 10
09
2009- 2 - - 5 5 12
10
2010- 3 1 2 - - 6
11
2011- 1 1 - 5 4 11
12
2012- 1 - - 2 14 17
13
2013- 3 3 2 - 4 12
14
Total 603 300 394 369 363 2029
Percentage 29.72 14.79 19.42 18.19 17.92 100.00
Source: Deputy Director, Protection Officer Department of Women and Child Development

69|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
Table 4.6.1-Division wise Nature of Cases reported from 2007-08 to 2013-14 (In Numbers)

Sl. Division Type of Case Total


No Physical Sexual Economic Mental/Emotional Dowry
Abuse Harassment
1 Bengaluru 209 76 101 89 128 603
2 Mysuru 152 59 66 64 61 402
3 Belagavi 163 97 184 106 97 647
4 Kalburgi 79 68 43 110 77 377
Total 603 300 394 369 363 2029
Percentage 29.72 14.79 19.42 18.19 17.90 100.00
Source: Deputy Director, Protection Officer, Department of Women and Child Development

Chart 8: Division wise Type of Cases Registered

BENGALURU DIVISION
Type of Cases Registered (nos)

209

128
101
89
76

Physical Sexual Economic Mental/Emotional Abuse Dowry Harassment

MYSURU DIVISION
Type of Cases Registered (nos)
152

66 64 61
59

Physical Sexual Economic Mental/Emotional Abuse Dowry Harassment

BELAGAVI DIVISION
Type of Cases Registered (nos)
184
163

106
97 97

Physical Sexual Economic Mental/Emotional Abuse Dowry Harassment

70|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Findings and Discussions
KALBURGI DIVISION
Type of Cases Registered (nos)
110

79 77
68

43

Physical Sexual Economic Mental/Emotional Abuse Dowry Harassment

Social and Economic factors


➢ Of the 2029 cases registered and resolved, Bengaluru division had 603, Belagavi 647,
Mysuru 402 and Kalburgi 377. Similarly, number of physical torture constituted about 30%
of the total.
➢ Among the regions Bengaluru region had 209(35%) share followed by Belagavi, 163(27%)
where women were subjected to physical torture, Mysuru 152 (25%) Kalburgi 79(13%).
➢ A next major incidence registered (394 cases) was violence against women on economic
grounds. Here again, Bengaluru (101) and Belagavi Regions (184) had the dubious
distinction of reporting larger number of offences against women, i.e.,285 of the 394 cases
registered were from these two regions.
➢ In contrast, Kalburgi region where the number of educated persons is low, the incidences of
physical torture were least among the regions ironically; these two districts have higher
number of educated people in comparison with other regions.
➢ Of the 363 cases of Dowry harassment reported, Bengaluru 128 and Belagavi 97 had higher
number while Mysuru 61 and Kalburgi 77.This indicates that educational advancement has
no influence on treatment of women.
➢ In case of emotional / mental torture, Kalburgi had higher numbers (110) followed by
Belagavi region (106). Overall, it was seen that violence against women had very little to do
with literacy or economic status of households and backwardness of the region.
➢ Division-wise, in Belagavi-division, as high as 647cases or 31.8% of all cases registered
were reported.
➢ Bengaluru which is considered to have higher literacy and better economic status had
registered second highest or 603 or 30% of the total cases were registered. Mysuru division
had registered 402 cases (19.8%). In contrast Kalburgi (Hyderabad Karnataka region) had
registered 377 or 18.5% of all cases registered.
➢ Region wise analysis indicates that in Belagavi region, (Mumbai Karnataka) violence
against women was rampant and highest, followed by Bengaluru (South Karnataka).

71|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
➢ In Mysuru (old Mysuru and Malnad region) the numbers of cases were comparatively lesser.
In case of Hyderabad Karnataka, least numbers of cases were registered.

Counselling
It was seen that of the 32,126 cases registered, as many as 6,231 cases were resolved through
counselling process which constituted about 19.40% of all cases registered. In a single year (2010-
11) about 993 cases were resolved through this process which shows that the scheme objectives are
being fulfilled due to vigorous efforts by the Department as also Service providers.

Short stay Facilities


Women victims approaching the service providers and the POs also face threat and harassment by
the spouses and their family members and do not find it safe to continue to live with them. They
seek stay arrangements urgently. It was seen that such cases are small in number and constitute less
than 1-2% of all the cases registered. During the study period, women victims sought and got short
stay home facilities as advised by the POs/service providers.

Date of Hearing
The Act envisages that hearing date be fixed within 3 days of receipt of application. But this is not
being done at present since the courts have huge number of cases and as such the applications under
the scheme have to wait for their turn.
Filing of cases
The Act also prescribes fixed time frame for filing of cases, issue of DIRs and issue of court
notices/ summons to the respondents. This condition also is not being adhered to in majority of
cases. Interactions with the POs/ service providers showed that the Main reason for delay is that the
applications received are not supported by other documents that are necessary to make the
application valid. Sometimes, a small one para letter also is sent by the applicants in the form of a
complaint but it is not supported with any information required.
Cases referred for counselling
The courts based on Domestic Incident Report advice the case to be amicably settled through
counselling by the implementing agencies as a first step and only when the court is satisfied that the
nature of case is such that it cannot be resolved through counselling, takes up for hearing. Details on
number of cases sent by court for counselling are not provided by the respondent agencies and as
such they are not discussed /analysed in this study.

72|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
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Time for hearing and final disposal
The Act and procedures provide that where counselling has not worked conclusively and the matter
remains unresolved, the courts will initiate the process of adjudication. This process is time taking
since number of steps / processes are involved in hearing both sides. The respondent parties
invariably try to prolong appearance and defence. As such, the final award of judgment takes longer
period. Discussions with District in charges and lawyers/advisers showed that the time stretches
anywhere between 3 months to one year and more. So also, issuance of interim order takes time at
courts.
Ex parte orders
Discussions with the Legal Advisers and District officers revealed that the courts invariably issue
ex-parte orders after giving sufficient time and opportunities to the defendants. During the reference
period as many as 420 Ex-parte orders were issued by the courts.

Disposal of cases
The Act prescribes that the cases registered are preferably disposed off within 60 days of first
hearing. Interactions with the implementing agency, service providers as also Legal Advisors
indicated that this provision was not being maintained to a variety of reasons such as (i) prolonging
tactics by defending parties, (ii) deficiencies in strength of cases and relevant documents, lack of
credible evidences to prove guilt and(iii) non availability of time for the Judicial Magistrates.

Court Orders
Court order copies are not mark to the protection officers after judgement for further legal
procedures. The litigants have to wait and engage in constant follow up with the courts for securing
copies of interim/court orders.

Violations of Court orders


Interactions with the District in charges of the Department showed that in general the orders issued
by courts are executed diligently. However, in rare cases implementation of such orders is delayed
due to non-receipt of the judgement copies on time. But such cases are far and wide.
Details of cases where violations were committed by implementing officers are not made available
by the Department/ Service providers and as such no comment can be made on this aspect.

73|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
Data Collection Mechanism
The Deputy Director Women and Child Development collects data on the scheme from the Blocks
concerned. At Block level, the Protection officers are required to collect and maintain data in
prescribed formats devised and as advised by the Directorate. The Service Providers are required to
maintain data in respective areas and furnish to the Protection officers. The data so collected is
forwarded to the Deputy Directors of the respective Districts who in turn, consolidate the same and
transmit to the Directorate. The Service Providers are also required to generate and update data
relating to cases registered, pursued, counselled, closed and pending cases on a monthly basis. They
are also required to maintain and update data on specially formatted Registers/ Books. Services of
Computer operator also are made available.
However, since all the blocks have not been provided full time Protection Officers and service
providers as at present, generation and maintenance of data is not 100% perfect and there are data
gaps. Besides, service providers’ deal with cases on their own including their follow up and
disposal, their information maintenance is better but District officers are not update on many cases
and are not aware of them. In many cases court orders issued are not shared by Block/service
provider agencies and hence, deficiencies in management of data between block- to district and
district to state are observed. However, quarterly and periodical reports are consolidate at district
level and sent to the directorate.

As far as review of data is concerned, though the committees are expected to meet in regulated
frequencies, this often does not happen due to one reason or other and sometimes, the District
officers are unable to organise such meetings meet. As a result, the review by Central and state
governments also gets affected

Follow up-Recommendations
Interactions with the implementing agency at State ,district and block levels as also service
providers level indicated that though there is regular follow up, information on number of
recommendations being implemented . As such no comments can be on this aspect.
Reliable Social/Economic/Habitual attributes
A study of the nature of cases in different regions of the state indicates that the number of cases
registered reflects one or more of the above attributes.
a) Physical torture is one a major incidence inflicted on women and registered for relief
mainly, in Dharwad, Chickmagaluru, Chitradurga and Bengaluru due to age-old perception

74|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Findings and Discussions
of male superiority and need for subservience by the women household handed down from
generations. This is mainly on account of ego factors;
b) The second most reason for violence as recorded shows that there is economic angle to
violence since the spouse expects that his wife bring money from her parental home and ask
for her share. This more pronounced after enactment of central law ensuring equal share in
the property to the female members of the household. Though the daughter-in-law does not
want to exercise this right for the fear that she may permanently lose bondage and emotional
attachment with her parents/sibling, the husband invariably wants her to exercise her right
and this is where the conflict starts and the in-laws start using strong-arm (arm twisting)
tactics. Where the daughter does not yield to their pressure, it results in violence; Higher
incidences were reported from Dharwad (107), Bengaluru (46) Vijaypura (41).
c) Demand for dowry is another factor which refuses to go even in this age. The in laws expect
the daughter-in-law to bring money with her and if this is not fulfilled, it leads to violence.
Bengaluru (62), Shivamogga (48) and Dharwad (42) had comparatively higher number of
cases registered for dowry harassment.
In case of Hyderabad Karnataka, considered comparatively backward both economic status
and literacy, had least number of cases registered. Of the 377 cases, incidences of Physical
torture were 79, Sexual harassment 68, Economic 43 and Mental and emotional abuse 110
cases and dowry 77.

There are other factors influenced by the habit/traits of the male members which also lead to
physical torture or where the wife protests her husband against his extra-marital affairs. But such
cases are not many and isolated.

Women’s Choice
Interactions with the aggrieved women across the divisions revealed that they are quite comfortable
in approaching and getting help from Service Providers than Government agencies. This is because
they believe that the Government agencies and their working are very slow and lukewarm to the
urgencies/emergencies. Besides, since the Departmental officials keep being transferred frequently,
and lose touch with them and have to deal with new incumbent. As against this, they feel that the
NGO workers are too personal and understand their dilemma and help them in times of need.
Another important finding was that in majority of cases the aggrieved women preferred to get
maintenance and Protection over other remedies. This indicated that they preferred long term
solution to their problems over short term monetary gains.

75|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
Service providers
The service providers are in respective study districts are performing their functions and assisting
the aggrieved women in respective areas. They are:
a) Assisting the women to register cases with the POs
b) Guiding in preparation of cases
c) Counselling both parties by personal interactions with them individually and exclusively;
d) Maintaining relevant records
e) Attending meeting
f) Following processes and procedures laid down;
g) Keeping in touch with POs.

Performance of Mediation Centres


Mediation centres are established in all the 30 Districts by the Karnataka State Legal Service
Authority. Mediation Centre is an initiative of the High Court of Karnataka. These centres have
empanelled Legal Experts who are vested with the task of mediation between the parties and make
efforts to mitigate the dispute at their level. They facilitate the aggrieved women. These centres
were established in Tumkuru, Ramanagar and Mysuru during 2007, during 2008, Belgavi, Dakshina
Kannada, Dharwad, Hassan, Karwar, Mandya and Shivamogga and Bijapur were covered. During
next year i.e. 2009, the Districts of Chitradurga, Davangere and Raichur were covered. In Bellary,
Bidar Chikkaballapur, Haveri and Udupi these centres were established during 2010. During 2011
Bagalkot, Chamrajnagar, Chikkamagalur, Gadag, Kalburgi, Madikeri, Koppal and Yadgiri districts
were covered. Kolar was the last to have this centre during 2012.
A study of the number of cases referred and settled shows that in all 58,058 cases were referred of
which 23,515 were settled through Mediation.

In case of Bengaluru (U & R), highest number of cases i.e. 33,564 were referred of which as 19,441
settled (57.92%).

District wise, highest number of cases referred were in Mysuru at 5,833 of which 1,128 were
resolved, Dharwad 4,807 and 779 (16.21%). Least number of cases referred were in case of
Madikeri 523 & 9, Yadgiri 262 and 8. (Details in Annexure 7)

76|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Findings and Discussions

Table showing details of 12 study District Mediation Centres Established, Number of Cases
Referred and Settled

Sl. Name of the District Established No. of Cases No. of cases Percentage
No Mediation Centres in the Year Referred settled
1 Bangalore (U & R) 2011 33,564 19,441 57.92
2 Ballari 2010 2059 234 11.36
3 Chikkamagaluru 2011 1415 129 9.12
4 Chitradurga 2009 1143 150 13.12
5 Dharwad 2008 4807 779 16.21
6 Kalaburgi 2011 957 108 11.29
7 Kodagu 2011 523 29 5.54
8 Mysuru 2007 5833 1128 19.34
9 Shivamogga 2008 2970 696 23.43
10 Uttarakannada 2008 3372 613 18.18
11 Vijayapura 2008 1153 200 17.35
12 Yadgiri 2011 262 8 3.05
Total 58058 23515 40.50
Source: Karnataka State Legal Services Authority

Role of Stree Shakti


Even though there is not visible involvement of these Groups, they do have influence over the
social set of the rural areas and their voices are heard by all. It was also reported that resolution of
large number of cases through counselling was possible wherever Stree Shakti institutions were
operating. Hence, they do have influence on containing/reducing the incidents of violence against
women.
Interactions with District in-charges and service providers indicated that due to greater awareness
creation among women and enhanced educational standards among them, they do not put up any
injustice to them and immediately seek remedies including break up. Due to this reason, the number
of cases has increased and is increasing year after year.

Efficacy in Implementation
Interactions with the District in-charges and those handling the scheme as an additionality shows
that wherever POs are positioned exclusively for dealing with the Act, their achievements are better

77|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
than those officers who have to discharge this duty as an additionality. A feeling among them is that
since they have to handle their designated jobs and attend umpteen meetings, and comply with
record keeping and maintenance, they do not get required time to devote in implementation of this
scheme. Certainly the performance under first arrangement is better than the second.

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Findings and Discussions
Salient Highlights Of Some Women Victims (Aggrieved Women)

As a part of the evaluation exercise, one to one interactions were held in all the blocks. Main
highlights are discussed below. In all 183 women were covered under one to one interview:

General Aspects
Around 20.21% of the respondents had crossed 45 years of age. Belagavi and Mysuru had higher
number of younger victims while Bengaluru, Mysuru and Belagavi accounted for higher number of
women in the next age group. 50% of victims in the next age group were highest in Bengaluru
while Belagavi Bengaluru and Mysuru had more number of older ladies.
➢ 18-25 years - 39 Numbers
➢ 26-35 years - 74 Numbers
➢ 36-45 years - 33 Numbers
➢ >45 years - 37 Numbers

Table 4.7 Age of Women Victims


Sl. District Blocks/ Talukas Age Profile Total
No 18 to 25 26 to 35 36 to 45 >45
Years Years Years Years
1 Bengaluru (U) Bengaluru 1 1 1 3
(Central)
Yelahanka 1 - 1 1 3
Anekal 1 3 - 2 6
2 Chitradurga Holalkere 3 2 3 - 8
Molakalmuru - 3 2 1 6
3 Shivamogga Shivamogga 1 7 4 2 14
Shikaripur 1 5 2 - 8
4 Mysuru H.D.Kote 6 3 - 2 11
Piriyayapattan 1 2 - - 3
5 Chickmagaluru Kadur 3 6 1 - 10
Mudagere 2 1 1 3 7
6 Kodagu Kodagu - - 2 3 5
Somavarpeth 1 1 - 3 5
7 Dharwad Hubli-Dharwad - 2 - 2 4
(U)
Kundgol 5 4 1 2 12
8 Uttarkannada Karwar 3 5 - 2 10
Mundagod 2 3 2 - 7
9 Vijaypura Indi 1 5 3 4 13
Basavan 1 5 2 - 8

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Bagewadi
10 Kalburgi Afzalpur - 4 - - 4
Alanda 2 3 1 - 6
11 Yadgiri Yadgiri 1 1 3 2 7
Shahpur - 2 2 5 9
12 Bellary Hospet 1 1 1 3
Sandur 2 5 3 1 11
Total 39 74 33 37 183
Percentage 21.31 40.44 18.03 20.21 100.0

Chart 9: Division wise Age of Victims

BENGALURU DIVISION MYSURU DIVISION


(Age of Victims) (Age of Victims)
13 13
21
11

12
8 7 4

18 to 25 Years 26 to 35 Years 36 to 45 Years >45 Years 18 to 25 Years 26 to 35 Years 36 to 45 Years >45 Years

BELAGAVI DIVISION KALBURGI DIVISION


(Age of Victims) (Age of Victims)
16
25

9 9
12
10 6
8

18 to 25 Years 26 to 35 Years 36 to 45 Years >45 Years 18 to 25 Years 26 to 35 Years 36 to 45 Years >45 Years

Education Background
Belagavi Division accounted for larger number of highly educated (7 of 54) ladies and in contract
higher number of illiterate ladies.
In case of Bengaluru Division, out of 48 women, 6 had higher qualifications and another 20 had
studied up to High school with only 6 illiterates.
In case of Kalburgi Division, 22 of the 40 are illiterate and 7 had studied till primary level while in
case of Mysuru Division 9 have studied up to PUC level.
➢ Illiterate - 25.68%
➢ Primary - 16.93 %
➢ SSLC - 27.86%
➢ PUC - 19.12%
➢ Diploma - 10.38%
80|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Findings and Discussions

Table 4.8 Educational status of the victims


Sl. District Blocks/ Talukas Education Background
No Illiterate Primary High PUC Degree/ Total
School Diploma
/SSLC
1 Bengaluru Bengaluru - - 2 - 1 3
(U) (Central)
Yelahanka - 1 1 - 1 3
Anekal - 1 4 - 1 6
2 Chitradurga Holalkere 1 1 5 1 - 8
Molakalmuru 1 1 - 2 2 6
3 Shivamogga Shivamogga 3 4 4 2 1 14
Shikaripur 1 2 4 1 - 8
4 Mysuru H.D.Kote - 5 3 1 2 11
Piriyayapattan - - 2 1 - 3
5 Chickmagaluru Kadur 3 2 4 1 - 10
Mudagere 1 - 1 3 2 7
6 Kodagu Kodagu - - 2 2 1 5
Somavarpeth 3 1 1 5
7 Dharwad Hubli-Dharwad 1 1 2 - - 4
(U)
Kundgol 4 1 2 2 3 12
8 Uttarkannada Karwar - 2 3 2 3 10
Mundagod 2 1 2 2 7
9 Vijaypura Indi 5 2 3 3 - 13
Basavanbagewadi - - 3 4 1 8
10 Kalburgi Afzalpur 3 - 1 - - 4
Alanda 2 2 1 1 - 6
11 Yadgiri Yadgiri 4 1 2 - 7
Shahpur 5 2 1 1 - 9
12 Bellary Hospet 1 1 - 1 3
Sandur 7 1 - 3 - 11
Total 47 31 51 35 19 183
Percentage 25.68 16.93 27.86 19.12 10.38 100.00

81|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
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Chart 10: Division wise Education Background of the Victims

BENGALURU DIVISION MYSURU DIVISION


Education Background of the Victims (nos) Education Background of the Victims (nos)
13
20
9
7 7
10
5
6 7 6

Illiterate Primary High School /SSLC PUC Degree/ Diploma Illiterate Primary High School /SSLC PUC Degree/ Diploma

MYSURU DIVISION KALBURGI DIVISION


Education Background of the Victims(nos) Education Background of the Victims (nos)
22
15
13
12

7 7
7 7
3
1

Illiterate Primary High School /SSLC PUC Degree/ Diploma Illiterate Primary High School /SSLC PUC Degree/ Diploma

Economic Status
Of the 183 respondents providing information, 76 were dependent housewives while 46 were self-
employed, 41 were labours and another 20 were engaged in service. Highest numbers of
housewives were in Bengaluru while highest numbers of labourers were accounted in Belagavi. In
case of Mysuru, 18 of the 41 were self-employed. In Kalburgi, 17 of 40 were dependent house
wives.
Table 4.9 Economic status of victims
Sl. District Blocks/ Talukas Economic Status Total
No Dependent Labour Self Service
Housewife Employed
1 Bengaluru Bengaluru - 1 1 1 3
(U) (Central)
Yelahanka 1 2 3
Anekal 2 2 2 - 6
2 Chitradurga Holalkere 5 - 3 - 8
Molakalmuru 1 3 1 1 6
3 Shivamogga Shivamogga 10 - 3 1 14
Shikaripur 5 1 2 - 8
4 Mysuru H.D. Kote - 1 10 - 11
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Piriyayapattan 1 - 2 - 3
5 Chickmagaluru Kadur 10 - - - 10
Mudagere 4 1 2 7
6 Kodagu Kodagu 2 - 2 1 5
Somavarpeth 1 - 3 1 5
7 Dharwad Hubli-Dharwad (U) 2 - 2 - 4
Kundgol - 10 - 2 12
8 Uttarkannada Karwar 4 1 3 2 10
Mundagod 4 - 2 1 7
9 Vijaypura Indi 7 3 2 1 13
Basavan Bagewadi 5 1 2 - 8
10 Kalburgi Afzalpur - 4 - - 4
Alanda 3 1 1 1 6
11 Yadgiri Yadgiri 4 2 1 - 7
Shahpur 3 4 2 9
12 Bellary Hospet 1 1 1 3
Sandur 6 2 - 3 11
Total 76 41 46 20 183
Percentage 41.53 22.40 25.13 10.92 100.00

Chart 11: Division wise Economic Status of the Victims

BENGALURU DIVISION MYSURU DIVISION


Economic Status of the Victims (nos) Economic Status of the Victims (nos)
23 18

14
14

7 5
5 4

Dependent Housewife Labour Self Employed Service Dependent Housewife Labour Self Employed Service

BELAGAVI DIVISION KALBURGI DIVISION


Economic Status of theVictims (nos) Economic Status of the Victims (nos)
22 17
14
15

11
6
6
3

Dependent Housewife Labour Self Employed Service Dependent Housewife Labour Self Employed Service

83|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
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Categories of Complaints
An analysis of the types/nature of complaints registered in the study districts was carried out to
identify whether there were any region, education, age, and employment specific factors in
domestic violence. Of the 183 victims interviewed, 82 belonged to mental and physical torture and
as many as 35 had filed cases for extra- marital affairs followed by 22 cases of dowry harassment,
21 and 19 for Domestic violence and abuse from husband (family/property dispute) respectively.
Small numbers of complaints were also received under health issues and problems at home etc.
Following table provides details of division wise, reason wise cases registered in respect of sampled
women.
Table 4.10 Categories of Complaints
Sl. District Blocks/ Type of Cases Number of Percentage
No Talukas Cases
1 Bengaluru (U) Bengaluru Abuse from husband - -
(Central) Domestic Violence - -
Dowry - -
External Martial 1 33.00
Affairs
Health Issues and - -
Problems at Home
Mental Abuse and 2 67.00
Physical Abuse
Sub-Total 3 100.00
Yelahanka Abuse from husband - -
Domestic Violence - -
Dowry - -
External Martial 1 33.33
Affairs
Health Issues and - -
Problems at Home
Mental Abuse 1 33.33
Physical Abuse 1 33.33
Sub-Total 3 100
Anekal Abuse from husband 1 16.66
Domestic Violence 1 16.66
Dowry - -
External Martial - -
Affairs
84|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
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Health Issues and - -
Problems at Home
Mental Abuse - -
Physical Abuse 1 16.66
Others 3 50.00
Sub-Total 6 100.00
2 Chitradurga Holalkere Abuse from husband - -
Domestic Violence 8 100.00
Dowry - -
External Martial - -
Affairs
Health Issues and - -
Problems at Home
Mental Abuse and - -
Physical Abuse
Sub-Total 8 100.00
Molakalmuru Abuse from husband 3 37.50
Domestic Violence - -
Dowry 1 25.00
External Martial 1 25.00
Affairs
Health Issues and - -
Problems at Home
Mental Abuse and 1 12.50
Physical Abuse
Sub-Total 6 100.00
3 Shivamogga Shivamogga Abuse from husband - -
Domestic Violence - -
Dowry - -
External Martial - -
Affairs
Health Issues and - -
Problems at Home
Mental Abuse and 14 100.00
Physical Abuse
Sub-Total 14 100.00
Shikaripur Abuse from husband - -
Domestic Violence - -
Dowry - -
External Martial - -
Affairs
Mental Abuse and 8 100.00

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Physical Abuse
Health Issues - -
Sub-Total 8 100.00
4 Mysuru H.D. Kote Abuse from husband 2 18.00
Domestic Violence - -
Dowry - -
External Martial - -
Affairs
Health Issues and - -
Problems at Home
Mental Abuse and 2 18.00
Physical Abuse
Emotional Abuse 7 64.00
Sub-Total 11 100.00
Piriyayapattan Abuse from husband - -
Domestic Violence 3 100.00
Dowry - -
External Martial - -
Affairs
Health Issues and - -
Problems at Home
Mental Abuse and - -
Physical Abuse
Physical Abuse - -
Sub-Total 3 100.00
5 Chickmagaluru Kadur Abuse from husband - -
Domestic Violence - -
Dowry 3 30.00
External Martial - -
Affairs
Health Issues and - -
Problems at Home
Mental Abuse and 7 70.00
Physical Abuse
Sub-Total 10 100.00
Mudigere Abuse from husband 3 42.86
Domestic Violence - -
Dowry - -
External Martial 2 28.57
Affairs

86|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Findings and Discussions
Health Issues and 2 28.57
Problems at Home
Mental Abuse and - -
Physical Abuse
Sub-Total 7 100.00
6 Kodagu Kodagu Abuse from husband 1 20.00
Domestic Violence - -
Dowry - -
External Martial 2 40.00
Affairs
Health Issues and - -
Problems at Home
Mental Abuse and 2 40.00
Physical Abuse
Sub-Total 5 100.00
Somavarpeth Abuse from husband -
Domestic Violence -
Dowry -
External Martial 2 40.00
Affairs
Health Issues and -
Problems at Home
Mental Abuse and 3 60.00
Physical Abuse
Sub-Total 5 100.00
7 Dharwad Hubli-Dharwad Abuse from husband - -
(U) Domestic Violence - -
Dowry - -
External Martial - -
Affairs
Health Issues and 1 25.00
Problems at Home
Mental Abuse and 3 75.00
Physical Abuse
Sub-Total 4 100.00
Kundgol Abuse from husband - -
Domestic Violence 3 25.00
Dowry -
External Martial 6 50.00
Affairs
Health Issues and -
Problems at Home

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Mental Abuse and 3 25.00
Physical Abuse
Sub-Total 12 100.00
8 Uttarkannada Karwar Abuse from husband 1 10.00
Domestic Violence 1 10.00
Dowry 3 30.00
External Martial 3 30.00
Affairs
Mental Abuse and 2 20.00
Physical Abuse
Sub-Total 10 100.00
Mundagod Abuse from husband - -
Domestic Violence 1 14.28
Dowry 2 28.57
External Martial 1 14.28
Affairs
Health Issues and - -
Problems at Home
Mental Abuse and 3 42.85
Physical Abuse
Sub-Total 7 100.00
9 Vijaypura Indi Abuse from husband 3 23.07
Domestic Violence - -
Dowry 2 15.38
External Martial 4 30.76
Affairs
Health Issues and - -
Problems at Home
Mental Abuse and 4 30.76
Physical Abuse
Sub-Total 13 100.00
Basavan Abuse from husband - -
Bagewadi Domestic Violence - -
Dowry 2 25.00
External Martial 2 25.00
Affairs
Health Issues and - -
Problems at Home
Mental Abuse and 4 50.00
Physical Abuse
Sub-Total 8 100.00

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Findings and Discussions
10 Kalburgi Afzalpur Abuse from husband - -
Domestic Violence - -
Dowry - -
External Martial - -
Affairs
Health Issues and - -
Problems at Home
Mental Abuse and 4 100.00
Physical Abuse
Sub-Total 4 100.00
Alanda Abuse from husband 2 33.33
Domestic Violence - -
Dowry - -
External Martial 2 33.33
Affairs
Health Issues and - -
Problems at Home
Mental Abuse and 2 33.33
Physical Abuse
Sub-Total 6 100.00
11 Yadgiri Yadgiri Abuse from husband 1 14.29
Domestic Violence - -
Dowry 3 42.86
External Martial 2 28.57
Affairs
Health Issues and 1 14.29
Problems at Home
Mental Abuse and - -
Physical Abuse
Sub-Total 7 100.00
Shahpur Abuse from husband 1 11.11
Domestic Violence 2 22.22
Dowry - -
External Martial 3 33.33
Affairs
Health Issues and - -
Problems at Home
Mental Abuse and 3 33.33
Physical Abuse
Sub-Total 9 100.00
12 Bellary Hospet Abuse from husband - -
Domestic Violence - -

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Dowry 1 33.33

External Martial - -
Affairs
Health Issues and - -
Problems at Home
Mental Abuse and 2 66.67
Physical Abuse
Sub-Total 3 100.00
Sandur Abuse from husband 1 9.09
Domestic Violence 2 18.18
Dowry 4 36.36
External Martial 2 18.18
Affairs
Health Issues and - -
Problems at Home
Mental Abuse and 2 18.18
Physical Abuse
Sub-Total 11 100.00
Total 183.00

Table 4.11 Division wise Types of cases


Division Types of Cases Number of Cases In %
Bengaluru Abuse from husband 4 8.16
Domestic Violence 9 18.37
Dowry 1 6.12
External Martial Affairs 3 6.12
Health Issues and Problems 0 0.00
at Home
Mental Abuse and Physical 31 61.22
Abuse
Sub-Total 48 100.00
Mysuru Abuse from husband 6 14.63
Domestic Violence 3 7.32
Dowry 3 7.32
External Martial Affairs 6 14.63
Health Issues and Problems 2 4.88
at Home
Mental Abuse and Physical 21 51.22
Abuse
Sub-Total 41 100.00
90|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Findings and Discussions
Belagavi Abuse from husband 4 7.41
Domestic Violence 5 9.26
Dowry 9 16.67
External Martial Affairs 16 29.63
Health Issues and Problems 1 1.85
at Home
Mental Abuse and Physical 19 35.19
Abuse
Sub-Total 54 100.00
Kalburgi Abuse from husband 5 12.50
Domestic Violence 4 10.00
Dowry 8 20.00
External Martial Affairs 9 22.50
Health Issues and Problems - -
at Home
Mental Abuse and Physical 14 35.00
Abuse
Sub-Total 40 100.00
Total 183

Chart12: Division wise Nature of Cases

BENGALURU DIVSION MYSURU DIVSION


Type of Cases (nos) Type of Cases (nos)
31
21

9
6 6
4 3
1 1 3 3 2

Abuse from Domestic Dowry External Health Issues Mental Abuse Abuse from Domestic Dowry External Health Issues Mental Abuse
husband Violence Martial Affairs and Problems and Physical husband Violence Martial Affairs and Problems and Physical
at Home Abuse at Home Abuse

BELAGAVI DIVSION KALBURGI DIVISION


Type of Cases (nos) Type of Cases (nos)
19
16 14

9
8
9
5
4
5
4
0
1

Abuse from Domestic Dowry External Health Issues Mental Abuse


Abuse from Domestic Dowry External Health Issues Mental Abuse husband Violence Martial Affairs and Problems and Physical
husband Violence Martial Affairs and Problems and Physical
at Home Abuse
at Home Abuse

91|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
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Purpose of Complaint
In overwhelming cases it was seen that the main demand from victimized women was maintenance
and protection from the spouses, since 100 of the 183 respondents had filed cases for this purpose.
Another 34 wanted monetary support from their spouses. In 33 cases the women want to lead
independent life and 16 were seeking justice from their in laws/spouse.
Following table gives details of division wise purpose wise cases.

Table 4.12 Purpose for Complaint


Block Maintenance To lead Property/ Justice Total
and Independent Monetary Support
Protection Life
Bengaluru (Central) - 1 2 - 3
Yelahanka 1 1 1 - 3
Anekal 4 1 1 - 6
Holalkere 5 3 - - 8
Molakalmuru 3 1 1 1 6
Shikaripur 6 - - 2 8
Shivamogga 14 - - - 14
H.D. Kote 5 2 3 1 11
Piriyayapattan 1 2 - - 3
Kadur 5 1 2 2 10
Mudagere 1 2 3 1 7
Kodagu 2 2 1 - 5
Somavarpeth 1 1 1 2 5
Hubli-Dharwad (U) 1 1 - 2 4
Kundgol 7 4 1 - 12
Karwar 8 1 1 - 10
Mundagod 3 1 1 2 7
Indi 9 1 2 1 13
Basavan Bagewadi 5 - 1 2 8
Afzalpur 2 1 1 - 4
Alanda 3 1 1 1 6
Yadgiri 5 2 - - 7
Shahpur 7 1 1 - 9
Hospet - - 3 - 3
Sandur 2 3 6 - 11
Total 100 33 33 177 183
Percentage 54.64 18.03 18.03 9.28 100.00

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Table 4.12.1: Division wise Purpose of Complaints (In percentage)
Divisions Maintenance To lead Property/Mone Justice
and Protection Independent tary Support
Life
Bengaluru 68.75 14.58 10.42 6.25
Mysuru 36.59 24.39 24.39 14.63
Belgavi 61.11 14.81 11.11 12.96
Kalburgi 47.50 17.50 32.50 2.50
Total 54.64 18.03 18.03 9.28

Status of Complaints
A study of the status of the cases showed that in majority of cases 93 out of 183 negotiated
settlements was reached due to counselling and in another 32 cases differences between them were
patched up, other 48 cases were settled through other means, 10 cases were through reconciliation
with situation. It was seen that in while in another 15.85% cases settlements were reached through
“other” means. (Contract agreement /Local community leaders). Thus, it was seen that, after filing
complaints, the aggrieved women seem to have changed their minds and accepted negotiated
settlement with their in laws and spouses which could be due to effective counselling efforts by the
service providers. Following table provides details

Table 4.13 Status of Complaints


Block Negotiated Patch up Reconciled Other Total
Settlement differences with means
situation
Bengaluru - - - 3 3
(Central)
Yelahanka - 3 - - 3
Anekal - - - 6 6
Holalkere 6 2 - - 8
Molakalmuru 4 2 - - 6
Shikaripur 4 2 2 8
Shivamogga 8 - 6 - 14
H.D. Kote 4 2 - 5 11
Piriyayapattan 3 - - - 3
Kadur 2 2 6 - 10
Mudagere 3 1 1 2 7
Kodagu - - - 5 5
Somavarpeth 3 2 - - 5
Hubli-Dharwad 1 - - 3 4

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(U)
Kundgol 12 - - - 12
Karwar 5 2 - 3 10
Mundagod 3 - - 4 7
Indi 9 1 2 1 13
Basavan 5 2 - 1 8
Bagewadi
Afzalpur 3 1 - - 4
Alanda 3 1 - 2 6
Yadgiri 3 3 - 1 7
Shahpur 5 2 - 2 9
Hospet 3 - - - 3
Sandur 6 3 - 2 11
Total 95 31 15 42 183
Percentage 51.91 16.94 8.20 22.95 100.00

Table 4.13.1-Division wise Complaint Status (In percentage)


Divisions Negotiated Patch up Reconciled Other Total
Settlement differences with situation means
Bengaluru 45.83 18.75 2.08 33.33 100.00
Mysuru 34.15 17.07 17.07 31.71 100.00
Belgavi 64.81 9.26 3.70 22.22 100.00
Kalburgi 57.50 25.00 0.00 17.50 100.00
Total 51.91 16.49 8.20 22.95 100.00

Registration of complaints
Asked through which agency the respondents had filed cases, as many as 116 indicated that they
had used Santwana Kendras for lodging of complaint while 38 had done so through Protection
officers, 13 had gone directly, 5 through lawyer and 11 through ”others”(Anganwadi workers etc).
10 women who had lodged complaints through protection officers were from Bengaluru division.
While in Belagavi Division 38 and in Mysuru Division 34 women had gone through Santwana
Kendra.
In case of Kalburgi all but 15 had also used Protection officer route for lodging complaints.
This indicates that the women relied more on Service Providers rather than Protection officers as
reflected in the following table:

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Table 4.14-Registration of complaints

Block Protection Santwana Directly Lawyers Others Total


Officer
Bengaluru - 3 - - - 3
(Central)
Yelahanka - 3 - - - 3
Anekal 2 4 - - - 6
Holalkere - 4 3 1 - 8
Molakalmuru 1 3 1 1 - 6
Shikaripur 3 5 - - - 8
Shivamogga 4 10 - - - 14
H.D. Kote 2 9 - - - 11
Piriyayapattan - 3 - - - 3
Kadur 2 8 - - - 10
Mudagere 1 4 2 - - 7
Kodagu - 5 - - - 5
Somavarpeth - 5 - - - 5
Hubli-Dharwad 1 3 - - - 4
(U)
Kundgol 3 9 - - - 12
Karwar 1 7 - - 2 10
Mundagod - 7 - - - 7
Indi 2 7 2 - 2 13
Basavan 1 5 - - 2 8
Bagewadi
Afzalpur 1 3 - - - 4
Alanda 1 3 2 - - 6
Yadgiri 4 - 1 2 7
Shahpur 5 - 2 1 1 9
Hospet 1 1 - - 1 3
Sandur 3 5 - 2 1 11
Total 38 116 13 5 11 183
Percentage 20.77 63.69 7.10 2.73 6.01 100.00

Outcome of the Cases registered


It was seen that of the 183 cases settled, Protection orders were issued in as many as 56 cases, while
in another 46 cases Maintenance orders were issued. In 39 cases other orders were issued for the
victims’, in 16 cases short stay order were issued for safety of victims. In 23 cases they were settled
through Relief Order while in 3 cases ex-parte orders were issued. Following Table provides details
of division wise type wise settlement of cases.
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Table 4.15 Outcome of the Cases registered
Block Maintenance Protection Relief Short Ex- Other Total
Order Order Order Stay party Order
Order Order
Bengaluru - - - 1 1 1 3
(Central)
Yelahanka - - - 1 - 2 3
Anekal - - - 2 - 4 6
Holalkere 3 4 - - - 1 8
Molakalmuru 2 4 - - - - 6
Shikaripur - 1 2 - - 5 8
Shivamogga - 8 - 3 - 3 14
H.D. Kote 1 2 3 1 1 3 11
Piriyayapattan - - 1 - - 2 3
Kadur - 3 4 - - 3 10
Mudagere 4 3 - - - - 7
Kodagu - - 4 1 - - 5
Somavarpeth 1 2 - 2 - - 5
Hubli-Dharwad 2 - - 1 - 1 4
Kundgol 1 11 - - - - 12
Karwar 4 3 - - - 3 10
Mundagod 2 1 - 1 1 2 7
Indi 5 3 - 2 - 3 13
Basavan 4 3 - - - - 8
Bagewadi
Afzalpur - - 4 - - - 4
Alanda 3 - 3 - - - 6
Yadgiri 5 2 - - - - 7
Shahpur 3 1 2 - - 3 9
Hospet 1 1 1 - - 3
Sandur 5 4 - - - 2 11
Total 46 56 23 16 3 39 183
Percentage 25.14 30.60 12.57 8.74 1.64 21.31 100.00

Deficiencies in service
Though the service providers and the Department are providing all help and support, there are still
some limitations in making the system more effective. Some such limitations were highlighted by
the agencies as also respondents are: insufficient funds, staff, infrastructure etc. It was seen that in
53 cases funds were major constraints while in another 36, inadequate facilities (infrastructure) was

96|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Findings and Discussions
also one of the reasons, followed by staff constraint (40 cases). There were 54 cases where
limitations could not be specifically mentioned. Division wise, in Mysuru and Belagavi divisions’
funds were main constraints while in Bengaluru and Kalburgi divisions inadequate infrastructure
was another reason for deficiencies in delivery. In Bengaluru and Belagavi divisions, staff
constraint was highlighted by respondents. Following table gives details:
Table 4.16 Deficiencies- Attributes
Block Insufficient Insufficient Insufficient Other Total
Staff funds facilities reason
Bengaluru - 3 - - 3
(Central)
Yelahanka - 3 - - 3
Anekal 2 3 1 - 6
Holalkere 6 2 - - 8
Molakalmuru 3 1 2 - 6
Shikaripur - - 3 5 8
Shivamogga - - 10 4 14
H.D. Kote 3 4 2 2 11
Piriyayapattan 3 - - - 3
Kadur - 10 - - 10
Mudagere 2 3 5 - 7
Kodagu - 5 - - 5
Somavarpeth 2 3 - - 5
Hubli-Dharwad - 3 1 - 4
(U)
Kundgol - - - 12 12
Karwar 4 3 1 2 10
Mundagod - 1 - 6 7
Indi 4 5 3 1 13
Basavan Bagewadi 5 2 1 - 8
Afzalpur - - 2 2 4
Alanda 3 - - 3 6
Yadgiri - - - 7 7
Shahpur - - - 9 9
Hospet 1 - 2 - 3
Sandur 2 5 3 1 11
Total 40 53 36 54 183
Percentage 21.86 28.96 19.67 29.51 100.00
Small number of respondents also had approached the District and Block officers with complaints
on inadequacies.

97|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
Table 4.17 Respondents reporting shortcomings
Block Shortcomings in the facilities Total
to DD/PO
Yes No
Bengaluru (Central) - 3 3
Yelahanka - 3 3
Anekal - 6 6
Holalkere 3 5 8
Molakalmuru 1 5 6
Shikaripur - 8 8
Shivamogga - 14 14
H.D. Kote 9 2 11
Piriyayapattan 2 1 3
Kadur - 10 10
Mudagere - 7 7
Kodagu 1 4 5
Somavarpeth 2 3 5
Hubli-Dharwad (U) 2 2 4
Kundgol 9 3 12
Karwar 1 9 10
Mundagod 4 3 7
Indi 1 12 13
Basavan Bagewadi - 8 8
Afzalpur - 4 4
Alanda - 6 6
Yadgiri 2 5 7
Shahpur 2 7 9
Hospet - 3 3
Sandur 3 8 11
Total 42 141 183
Percentage 22.95 77.05 100.00

Opinion about the Act


Respondents were also asked about their opinion on the Act ensuring protection of women against
domestic violence. Though 132 of the respondents were appreciative of the Act 51 could not be so
for reasons not known. However, they felt that the Act was not effective and needs to be improved
to make it more effective. Of the 51 respondents expressing their dissatisfaction with the Act, 16
were from Bengaluru and Belagavi, 11 were from Kalburgi while 8 were from Mysuru division.

98|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Findings and Discussions
They also felt that the service centres are not in a position to cope up with the demands. Following
tables provide detail.
Table 4.18 Satisfaction about the Act
Block Satisfaction about the Act Total
Yes No
Bengaluru (Central) 1 2 3
Yelahanka 2 1 3
Anekal 4 2 6
Holalkere 6 2 8
Molakalmuru 5 1 6
Shikaripur 8 - 8
Shivamogga 6 8 14
H.D. Kote 8 3 11
Piriyayapattan 3 - 3
Kadur 10 - 10
Mudagere 5 2 7
Kodagu 3 2 5
Somavarpeth 4 1 5
Hubli-Dharwad (U) 1 3 4
Kundgol 12 - 12
Karwar 7 3 10
Mundagod 2 5 7
Indi 9 4 13
Basavan Bagewadi 7 1 8
Afzalpur 2 2 4
Alanda 4 2 6
Yadgiri 5 2 7
Shahpur 7 2 9
Hospet 3 - 3
Sandur 8 3 11
Total 132 51 183
Percentage 72.13 27.87 100.00

99|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
One to One Interaction-Findings

In summary, Case studies of 183 Domestic violence victims show that


i. Domestic violence are not restricted to particular segments of the society and are
seen irrespective of educational, economic, geographical factors;
ii. In majority of cases, respondents have greater confidence and faith in service
providers (Santwana Kendra) though small percent among them also are happy with
the POs;
iii. Timely response is received in majority of complaints;
iv. Larger number of cases are resolved through counseling and mutual adjustment and
very few cases are stretched to litigation;
v. Majority of women seek maintenance and financial support as compensatory
measure;
vi. Majority of respondents are happy with services of Santwana Kendras even though
they feel that the present facilities with these service providers are deficient;
vii. Even though, the women believe that act is women friendly, it is not effective.
viii. Women respondents expect improvements in the existing provisions as also delivery
system.
ix. Though Act stipulates the registered cases to be disposed off within 60 days, this
time limit is not maintained and cases are dragged for months; in some cases more
than a year;
x. Respondents go in for appeals and use delaying tactics through the Legal advisers
and this becomes a major hurdle in speedy disposal of the cases.
xi. Court order copies are not shared/marked by the courts to the concerned POs/DDs
due to which keeping tab on cases becomes difficult;

100|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
SECTION 10

REFLECTIONS AND CONCLUSIONS

Recent periods have witnessed greater realization by the men as also the States on the need for
changing the perceptions and age-old practices of discrimination against women. Many a civil
societies have been relentlessly endeavouring to create awareness among the people on the need for
changing their perceptions. Greater awareness is being created among women about their
subjugation and fundamental rights. In many countries a number of laws have been enacted to
prevent such violations against women.

Among several measures, passage of the Prevention of Domestic Violence against Women by the
Government of India and its implementation by the State Governments is a welcome step aimed at
curtailing if not altogether eliminating this ill.

This Act is being implemented in all states including Karnataka since more than a decade in all the
blocks of 30 districts of the state. Implementation of this scheme is the responsibility of Directorate
of Women and Child Development. Many other women related Acts also are implemented in the
state by DWCD.

Similarly several other Acts such as the Hindu Marriage Act, The Christian Marriage Act, the
Muslim Marriage Act, and the Parsee Marriage Act etc are also implemented in the State.

The implementation of this Scheme in the state has reduced incidences to some extent. However,
the mechanism and processes followed for this purpose are not sufficient and effective from the
point of view of growing demands from the aggrieved women folk.

A feedback from the victims, service providers and other stake holders indicates that though the
scheme has noble objectives, the implementation process has much to be desired. Going by the data
on the nature and number of cases and the time for resolution of the issues it is felt that more
concerted efforts are needed to speed up remedial measures;

There are a number of loose ends that need to be corrected and set right to ensure coordinated and
orchestrated efforts on the part of each of them.

Even though the Act emphasizes on the need for creating awareness among the civil society, the
present efforts fall short of demand. There is need to take large scale campaigns to educate the
people and this should be on MISSION MODE and should not become yet another ritualistic

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Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
exercise like fixing targets (physical and Financial) and achievement which may only satisfy the
planners and implementing agencies.

There is also an urgent need to revisit present implementation mechanism and also processes
involved in implementation. The loose ends need to be identified and plugged to achieve greater
accuracy in prevention and containing incidences of domestic violence.

The implementation process assumes that the present set up at block level, and District level is
enough and suitable for delivery of scheme objectives. As is very well known, these functionaries
are bogged down with more paper work and generation of periodical data for the Government, as
also attending innumerable meetings. This leaves them with little time for looking into the scheme
demands. Since all the cases are of urgent in nature and need quick remedies and timely assistance,
there is need to (i) either strengthen the existing set up or (ii) enhance role of NGOs and other
service providers in dealing with cases.

The scheme envisages “participatory” approach under which community organizations such as
Women Groups (StreeShakthi), Self Help Groups and other Service Providers/Non-Governmental
organization which have better links and contacts with the society at large.

Keeping in view the present perceptions and preferences of the aggrieved women, greater role need
to be assigned to agencies other than Government. This is because by tradition, the Government
machinery has not been fully successful in reaching out to the society in view of various historical
reasons such as bureaucratic attitude, working “Within Brackets”, not being able to go out of way to
resolve any issue affecting women’s welfare and wellbeing. Hence it is worthwhile focusing more
on Non-government agencies while the Government departments could support them with
necessary wherewithal and regulatory helps.

Case studies conducted indicate that the people have high expectations from the Government
including that from Home Department and Judiciary in delivering the decisions and affording
remedial measures in time bound manner. Any scheme to succeed to desired extent has to respond
to the demands of the concerned. Therefore, there is need to review the present deficiencies.

102|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
SECTION 12

RECOMMENDATIONS

Short Term Recommendations

❖ Vigorous and mass awareness campaigns should be organized with wide publicity about the
ACT.
❖ The Department of Women and Child Development, in association with Service Providers,
Police personnel, with the help of Department of Kannada and Culture, Department of
Information and Public Relations, Education and State Women’s Commission, should take
mass education camps/public contact and set a definite Agenda and calendar for this
purpose.
❖ Special “Women Safety Week” should be organized at important clusters/centers.
❖ Since the issues are of serious nature, meetings should prioritize discussions on the issues
involved in the implementation of the Act and place this subject on the priority basis.
❖ Prolonging dispensation of justice to the victims being a major hurdle, the High Court may
advise the Taluka and District Judges to take up such cases on priority basis and settle the
case within 60 days of the time limit;
❖ Issuance of Circulars through High Court of Karnataka to all Judicial Officers to include
POs Police Officers to implement the DV Act;
❖ The copies of court orders should be made available to the POs/DDs soon after a verdict is
delivered so that the concerned officers take necessary steps for execution of such orders;
❖ The District and Taluka level Co-ordination Committees should be advised to hold more
frequent meetings to resolve.
❖ Proper information should be maintained by all and information sharing system needs
to be revisited and a mechanism be introduced to streamline information generation and
sharing for co-ordinated operations;
❖ The Present system of availing services of Advocates as Legal Advisors should be revisited.
Panel of Lawyers from State Legal Service Authorities be appointed,
❖ Special Training on DV Act to be organized for the Lawyers. Their remuneration/fees may
be enhanced and made at regular intervals.
❖ The legal provisions for the safety of women & promoting their interests to be included in
the curriculum of Social Science in 9th and 12th Standard text books in co-ordination with
Education Department
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Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
❖ The NSS/Scouts/Guides Units in the Schools and Colleges be involved in awareness
campaign on legal provisions related to women’s issues in surrounding villages. A village
adoption approach to be followed for the same supported by Legal service Authority; in
coordination with DWCD.
❖ Women’s Organizations, Service Providers, Gram Panchayat Members, Self Help Groups,
Youth Associations to join together to create a platform for awareness, assistance and follow
up action.
❖ The staff working in Service Providers should be provided periodical orientation/training at
District level on methods, strategies to be used in handling cases of domestic violence.

Long Term Recommendations

 Women Exclusive Protection Officers should be filled up in all the blocks.


 Emphasis should be given to provide facilities of Psychological Counseling at District
hospitals to support the victims of violence and their family.
 Service Providers should be advised to deploy staff and mobility to make their services
effectively available. The Government may consider enhancing the service charges and
should ensure that they are equipped with minimum infrastructure facilities and staff
trained in such works.
 There should be uniform/single Format to be used in all the districts in order to ensure
data consolidation and analysis;
 Introduce compulsory free primary, higher and PG education for all the women
through Education Department.
 Promote Women’s education through adequate financial assistance and infrastructure
facilities like schools, hostels, toilets etc to create awareness about rights of women and
generate confidence in them to fight against violence and bring about a social change.

Recommendation for Policy changes

✓ There is need to review the trends in number of cases requiring judicial intervention under
this scheme and the time taken in their disposal and formulate suitable policies (including
provision of additional facilities / Judges) to deal with the cases under this scheme
exclusively so as to maintain the time limit. However, larger debate on this may be
necessary.

104|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
ABBREVIATIONS AND ACRONYMS
IPC - Indian Penal Code

PWDVA - Protection of Women from Domestic Violence Act

DWCD - Department of Women and Child Development

Dy.D - Deputy Director

CDPO - Child Development Programme Officer

POs - Protection Officer

NGO - Non Government Organization

DIR - Domestic Incident Report

NCRB - National Crime Records Bureau

SHG - Self Help Groups

QPR - Quarterly Progress Report

NPCCD - National Institute of Public Cooperation and Child


Development

A.T.I - Administrative Training Institute

KEA - Karnataka Evaluation Authority

READI - Rural Ecological and Agro Development Institute India

Karnataka Evaluation Authority|


Annexure 1

List of references cited in the report

1. The protection of women from domestic violence act, 2005

2. indianresearchjournals.com

3. Financial assistance to women law graduates

4. Organization structure, Santwana, scheme for combating trafficking of women


and children, Swadhar – a scheme for women in difficult circumstances from
website of Women and Child Development Department

5. Domesticviolence.org

6. A summary report of three studies-copyright© 1999 international center for


research on women and the centre for development and population activities

7. Centre for legislative research and centre for legislative research and the
protection of women from domestic violence act, 2005 handbook for
parliamentarians: JULY-AUGUST 2014

8. www.isca.inAdvocacy
Annexure 2
Terms of Reference for the Evaluation of Implementation and Efficacy of Protection of
Women from Domestic Violence Act 2005 Rules 2006 in Karnataka Implemented by the
Department of Women & Child Development

1. Title of the study:


The title of the study is “Implementation and efficacy of Protection of Women from Domestic
Violence Act 2005 Rules 2006 in Karnataka implemented by Women & Child Development
(W&CD) department”.

2. Background Information:
The Civil Law does not address the Domestic Violence (DV) in its entirety. Therefore,
women’s rights – based law was needed to protect women against crimes of Domestic
Violence. Hence the Central Act called Protection of Women from Domestic Violence Act
2005 (PWDV Act) came into being followed by the Protection of Women from Domestic
Violence Act 2005 Rules 2006. This is an Act to provide for more effective protection of the
rights of women guaranteed under the constitution and to protect women victims from
violence of any kind occurring within the family, and for matters connected therewith or
incidental there to. The object of the Act is to preserve the tradition of family and regulate
and improve matters for future, rather than for passing judgment or punishing the abuser for
past behavior.
The Act is being implemented in all the taluks and districts of Karnataka. 215 Protection
Officers (defined in section 2n of the PWDV Act) are implementing this Act. There are 116
Service providers (defined as in section 2r of the PWDV Act) with 171 Santwana Centers, 30
Short Stay Homes and 34 Swadhar Centers. These centres have been established as shelter
homes for effective implementation of the Act, and Government Orders have been issued for
institutional arrangement of these shelter homes.

Action taken by the W&CD Department for implementation of Domestic Violence Act
2005 Rules 2006:
a. Upon the demand of the aggrieved women counseling, free legal aid, medical
facilities and shelter are provided. The Deputy Directors of Women & Child
Development at the district and CDPOs at the taluk level have been appointed as
Protection Officers, initially.

Karnataka Evaluation Authority|


b. The services of a computer operator and a messenger have been outsourced in the
offices of the Protection Officers at district and taluk levels.
c. In places where more than 35 cases are pending, 47 full time dedicated, lady
Protection Officers have been appointed and supplementary posts have been created
as per GO. No/WCD 235 SJD 2010, dated: 04.12.2010. Out of 47 posts of Protection
Officers created, 23 have been filled up by promotion and (action is taken to fill up
another- delete) 24 posts have been filled by direct recruitment through KPSC.
d. 34 Swadhar centers, 171 Santwana centers and 30 Short Stay Homes have been
identified as shelter homes and orders issued. 116 NGOs have been identified as
Service Providers (defined as in section 2r of the PWDV Act) and orders to that effect
are issued. Counseling facilities are available for the aggrieved women in these
centers.
e. Legal advisors are appointed by Karnataka State Legal Services Authority and are
deputed twice a week (on every Wednesday and Saturday) in the Protection
Officer/CDPOs office for giving free legal advice to aggrieved women.
f. As per Notification No. HFW 23 FPR 2007 dt 1.2. 2008, The Govt of Karnataka has
notified to provide medical facilities, from all the hospitals owned, maintained or
controlled by the State, to the victims under PWDV Act 2005.
g. Under the Domestic Violence Act 2005 Rules 2006, awareness programmes,
workshops are held at State, Divisional and districts levels along with National
Institute of Public Co-ordination and Child Development (NIPCCD), Legal Services
Authority and Administrative Training Institute, Mysore. 3 workshops have been
conducted at the State level, 11 at divisional level and 26 at district level for police
officers, medical officers, Protection Officers, Lawyers, service Providers, Gram
Panchayat members, Stree Shakthi Group members and Anganwadi workers. Two
sensitization training programmes were conducted for Judges in coordination with
Karnataka Judicial Academy. In addition, a month’s job orientation training has been
imparted to newly appointed lady Protection Officers by ATI, Mysore during March
2012.
h. At taluk level, a day’s awareness campaign is conducted each year for 5 hoblis. This
is done in collaboration with Karnataka Legal Services Authority. The beneficiaries of
this awareness campaign are women at Gram Panchayath Level/wards, Supervisors of
ICDS, Medical Officers, Police Officers, school teachers, Lawyers, Protection

Karnataka Evaluation Authority|


Officer/ CDPO, Service providers, members of NGOs, members of SHGs and
Anganwadi Workers and elected members of Gram Panchayaths.
i. 4 Training Programmes were conducted via satellite for Anganwadi workers, SHGs
members, Women Police personnel, school teachers and elected members of Gram
Panchayaths regarding implementation of Domestic Violence Act 2005 Rules 2006.
j. Under IEC, Kannada versions of Domestic Violence Act 2005, Rules 2006 and
training manual of Protection Officers, introductory book with FAQS addresses/phone
numbers of all protection officer and shelter homes and application forms are printed
and circulated to all the Protection Officers and other stake holders.
k. Brochures have been printed in Kannada for propagation of the Act.
l. Co-ordination Committees have been constituted at State/district/taluk levels for
proper implementation of Domestic Violence Act 2005 Rules 2006 and review from
time to time.

Action Taken During 2012-13


a. Two training programmes were conducted at district level with all stake holders for
effective implementation of Protection of Women from Domestic Violence Act 2005
Rules 2006.
b. 5 Awareness Campaigns were held in each taluk (hobli level), thus in all 925
awareness campaigns were held.
c. In Karnataka Judicial Academy a day’s workshop was held on 06.01.2013 for Judges.

Action Taken During 2013-14


a. On 11.06.2013, a training programme was held via satellite for propagation of the
contents of the Domestic Violence Act 2005 for Protection Officers, Service
Providers, Advocates of Legal Service Authority, Officers of H & FW Department,
Supervisors of ICDS, Police Officers, school teachers, Protection Officer/ CDPO,
Service providers, members of NGOs, members of SHGs, Anganwadi Workers and
elected members of Gram Panchayaths.
b. Funds released for conducting District Level Training Programmes according to plan
of action.
c. The SHG members who have already been trained under Domestic Violence Act
imparted training to other women of the villages. Five hoblis in each taluk are
selected for training programme and advertisements in Television and newspapers
made in December 2013.

Karnataka Evaluation Authority|


d. Karnataka State Legal Services Authority has also conducted awareness campaigns in
co-ordination with Women and Child Development Department.

State Level Co-ordination Committee


A State level Co-ordination Committee has been constituted for effective implementation of
Domestic Violence Act vide OM. no.WCD 210 WCA 2007 dated: 22-01-2010

District Level Co-ordination Committee


A district- level Co-ordination committee has been constituted vide OM. -No.WCD 175
WCA 2007dated: 19.12.2007.

Taluk Level Co-ordination Committee


A taluk level Co-ordination Committee is constituted for effective implementation of the
Domestic Violence Act. This is headed by the Tahsildar, other members being the officer of
Taluk Legal Service Authority, Circle Inspector of Police, Govt Assistant Prosecutor, taluk
Officer of H&FW Department, Assistant Director Information & Publicity, one
representative from Service Provider Organization and Protection homes and the taluk
Protection Officer/CDPO.
The details regarding filing of complaints are shown below

Complaints

ದೂರು
Who canನೀಡಲು ಯಾರಿಗೆ?
give Complaint? Whom to give Complaint ?

Protection Officer
Aggrieved person or any
other person (can inform
about domestic violence Service Provider
which has taken place or
likely to take place
Police

Magistrate

Designated Medical
facility
Karnataka Evaluation Authority|
The details of cases booked/disposed by various means from 2007-08 to 2013-14 and amount
released and spent for implementation of Act are as under:

Year
Sl.
Details 2007- 2008- 2009- 2010- 2011- 2012- 2013- Total
No
08 09 10 11 12 13 14
1 No of cases 826 2933 4630 5630 7899 5509 5796 33323
Registered
2 Cases disposed in 145 252 288 77 335 506 307 1910
courts
3 Protection orders 51 90 116 64 304 206 62 893
issued
4 Residence Orders 39 54 140 48 299 356 49 985
Issued
5 Monetary Orders 100 127 212 142 326 459 174 1540
issued
6 Child custody orders 8 16 74 52 6 259 7 422
issued
7 Interim relief orders 26 119 212 59 136 304 223 1079
issued
8 Compensation paid 14 103 188 6 231 356 117 1015
9 Ex-parte orders - 65 60 7 145 34 72 383
issued
10 Cases settled 203 214 686 993 9985 2115 1157 6353
through counseling
11 Appeals to higher - 8 104 53 238 22 112 537
courts

Details of amount released and expenditure incurred is as follows (Rs Lakhs)


Amount Amount Amount
Year Remarks
allotted released Expenditure
Protection Officers posts were
2007-08 265.00 64.20 64.20 vacant hence release/expenditure
is less
Protection Officers posts were
2008-09 250.00 150.00 146.61 vacant hence release/expenditure
is less
Protection Officers posts were
vacant hence release/expenditure
2009-10 292.34 205.48 180.70
is less

Karnataka Evaluation Authority|


Protection Officers posts were
348.18
2010-11 723.22 361.60 vacant hence release/expenditure
is less
Protection Officers posts were
2011-12 530.22 276.60 244.54 vacant hence release/expenditure
is less
Protection Officers posts were
2012-13 553.00 336.00 320.88 vacant hence release/expenditure
is less
Protection Officers posts were
2013-14 600.00 600.00 500.74 vacant hence release/expenditure
is less

3. Evaluation Scope, purpose and objectives

The scope of evaluation is the entire State of Karnataka. The objective of the Act is to bring
about a social change by creating awareness, by educating people and of course legal
actions/reforms. The purpose of the evaluation is to study the nature, extent and incidence of
domestic violence against women and to identify the correlates of domestic violence. Further,
it is required to know the effectiveness of the present implementation of PWDV Act, to find
out the loopholes in implementation and to suggest corrective measures to be taken by
government and other stake holders so that cases are settled early and justice is delivered in
time to the aggrieved Women.

4. Evaluation Questions (inclusive not exhaustive):


A. Institutional Mechanism
1. How many awareness campaigns, workshops and training programmes related to PWDV
Act were targeted each year at taluk/district and State Level for women and other stake
holders, since inception of the PWDV Act? How many were actually held?

2. How frequently do the Co-ordination Committees meet at taluk/district/ State levels?


What are the important decisions taken in these meetings/recommendations suggested
for speedy disposal of cases and improvement in the process of implementation of the
PWDV Act?
3. What is the sanctioned and existing staff strength at State, district and taluk levels for
implementation of the Act? Is these staff dedicated exclusively for this or CDPOs are
put in additional Charge of implementing the Act along with other functions of the

Karnataka Evaluation Authority|


department? District wise details may be obtained and analyzed where; the cases are
disposed off early i.e. in Taluks/blocks having exclusive/dedicated staff or in
Taluks/blocks doing this as additional work?

B. Implementation Process:

1. The district wise, year wise and “nature of case” wise statistics (i.e. physical / sexual
/ economic/emotional abuse/dowry harassment/IPC 498 A cases) may be collected
since inception till 2013-14 and analyzed. Is there a pattern that can be seen in this
which will be useful for better implementation of the Act in future?
2. How many aggrieved women are referred to family counseling
centres/Santwana/Swadhar centres for counseling’s by CDPO/PO?
3. What percentage of aggrieved women need immediate short stay facility? How many
of them are actually sent to shelter homes by Protection Officers/CDPO/Police
personnel?
4. Is date of hearing fixed in court within 3 days of the receipt of application by the
court?
5. Is the time prescribed for filing the cases, issue of Domestic Incident Reports (DIRs)
by Protection officers/service providers and issue of court notice/summons adhered
to? If not, what is the average time taken to do these? What are the reasons for the
delay (where it exists) and how could it be minimized or avoided? Whether in DIR
form-1, under III economic Violence, “forcing to take up employment” needs to be
included.
6. After forwarding of DIR to the magistrate, how many cases were referred for
mediation/Counseling by court and how many cases were settled by counseling/
mediation in family court / other courts?
7. After forwarding of DIR to the magistrate, where counseling/mediation was not
resorted to or failed, what is the average time taken for hearing and final disposal of
the cases in courts?
8. What is the average time taken for issue of Interim Orders?
9. Are Ex-parte Orders issued by court as and when required?
10. Are Magistrates/courts disposing of applications within 60 days from the date of 1st
hearing?
11. Are court interim / final orders given to protection officers/petitioner freely?

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12. Are appeals to Courts of session being filed within 30 days of service of order to any
of the parties?
13. Are there any instances of violations of implementing the orders passed by the
magistrate? If so, how many cases are there and what action has been taken on the
violators? Give details.
14. Is there any mechanism to collect and store data of Domestic Violence over the
years? If yes, who manages the data? Is the programme reviewed by state/central
Govt. periodically? Are QPRs consolidated at district and state levels and sent to
central Govt.?
15. Is there follow up of recommendations of the state/district/taluk level coordination
committees? How many amendments to the PWDV Act were suggested and actually
made?
16. Are there any reliable social, economic factors and other habits /vices which correlate
to domestic violence against women?
(e.g. Economic Violence on non-earning homemaker)
(e.g. DV due to drinking or substance abuse by men)
(e.g. DV by men in multiple relationships, gambling by men)
(e.g. More physical violence on un-educated people)
(e.g. More Mental/Emotional violence on educated people)
17. Do abused women have any preference (non-Govt. vs. Govt. agencies) in seeking
help and justice?
18. Is the presence of Stree Shakthi self-help Groups of W & CD Dept. preventive or
reactive to Domestic Violence? Has more awareness been created in general public?
19. What was the basis on which 47 posts of protection officers were created and when
was this done. Is there need to look at the issue of need of more protection officers in
the present scenario?
20. Is the implementation of the PWDV Act significantly different between areas where
there are dedicated full-time Protection Officers as compared to those areas where
Protection Officers/CDPOs are on in-charge duties?
21. If DV case is booked against a person, is he retaliating by booking case under
section-12 of Hindu Marriage Act for Restitution of conjugal rights or section- 11 for
judicial separation
22. To suggest, based upon the cases studied, measures to control, minimize and, if
possible, eliminate domestic violence against women.

Karnataka Evaluation Authority|


5. Sampling and Evaluation Methodology:
There are 215 Protection Officers in 204 ICDS blocks spread over 30 districts of the state. 20
blocks should be selected in such a way that 5 blocks are selected from each of the 4 revenue
divisions such that they cover two or more districts, within which there should be at least 1
block where more than 35 PWDV Act cases are pending and an exclusive Lady Protection
officer has been appointed. Sampling intensity is recommended to be 5%.
FGDs to be held at the district/taluk level with all the stake holders, i.e. Deputy Directors of
W & CD department, CDPOs, Protection Officers, Service Providers, Officers of State Legal
Services Authority, Persons Managing the Swadhar, Santwana Centers and Short Stay
Homes, service providers and Police Officers. A few victims of Domestic Violence should be
personally interviewed, to elicit their views on how useful and effective the Act was in their
case and suggestions for better implementation and improvement of the Act.

6. Deliverables and time schedule:


The details of PWDV Act 2005 and Rules 2006, district wise details of DV cases, list of
service providers, and protection officers and relevant information available can be had from
the Women and Child Development Department. The Director, Women and Child
Development Department to issue necessary instructions to Deputy Directors, CDPOs,
Protection Officers, Service Providers, Legal Advisors of State Legal Service Authority,
Persons Managing the Swadhar, Santwana Centers and Short Stay Homes to co-operate with
the evaluation consultants in completing the study in time. It is expected to complete the
study in 6 months time, excluding the time taken for approval. The evaluating agency is
expected to adhere to the following timelines and deliverables.
The Consultant Evaluation Organization should complete the study in 6 months time,
excluding the time taken for approval. They are expected to adhere to the following timelines
and deliverables or be quicker than the follows.
a. Work plan submission: One month after signing the agreement.
b. Field Data Collection: Three months from date of Work Plan Approval.
c. Draft report Submission: One month after field data collection.
d. Final Report Submission: One month from draft report approval.
e. Total duration: 6 months.

7. Qualifications of the consultants and method of selection:


Consultants should have and provide details of evaluation team members having technical
qualifications/capability as below

Karnataka Evaluation Authority|


i. A legal Advocate/retired Law Graduate with at least five years experience at bar
(for both cases), Preferably Woman.
ii. An expert in Gender issues,
iii. Statistician, and,
iv. Data collection research assistants.
Since the study involves conversation with women victims, at least one person mentioned
at serial (iv) has to be a woman, and generally for all they should be in such numbers
that the evaluation is completed within the scheduled time prescribed by the ToR.
Consultants not having these number and kind of personnel will not be considered as
competent for evaluation.

8. Qualities Expected from the Evaluation Report


The following are the points, only inclusive and not exhaustive, which need to be mandatorily
followed in the preparation of evaluation report:-
1. By the very look of the evaluation report it should be evident that the study is that of
the Karnataka Evaluation Authority (KEA) which has been done by the Consultant. It
should not intend to convey that the study was the initiative and work of the
Consultant, merely financed by the Karnataka Evaluation Authority (KEA).
2. Evaluation is a serious professional task and its presentation should exhibit it
accordingly. Please refrain from using glossy, super smooth paper for the entire
volume overloaded with photographs, graphics and data in multicolor fancy fonts and
styles.
3. The Terms of Reference (ToR) of the study should form the first Appendix or
Addenda of the report.
4. The results should first correspond to the ToR. In the results chapter, each question of
the ToR should be answered, and if possible, put up in a “match the pairs” kind of
table, or equivalent. It is only after all questions framed in the ToR are answered, that
results over and above these can detailed.
5. In the matter of recommendations, the number of recommendations is no measure of
the quality of evaluation. Evaluation has to be done with a purpose to be practicable to
implement the recommendations. The practicable recommendations should not be lost
in the population maze of general recommendations.

Karnataka Evaluation Authority|


9. Cost and schedule of budget releases:

Output based budget release will be as follows


a. The first installment of Consultation fee amounting to 30% of the total fee shall be
payable as advance to the Consultant after the approval of the inception report, but
only on execution of a bank guarantee of a scheduled nationalized bank, valid for a
period of at least 12 months from the date of issuance of advance.
b. The second installment of Consultation fee amounting to 50% of the total fee shall
be payable to the Consultant after the approval of the Draft report.
c. The third and final installment of Consultation fee amounting to 20% of the total
fee shall be payable to the Consultant after the receipt of the hard and soft copies of
the final report in such format and number as prescribed in the agreement, along with
all original documents containing primary and secondary data, processed data outputs,
study report and soft copies of all literature used in the final report. Taxes will be
deducted from each payment, as per rates in force. In addition, the evaluating
agency/consultant is expected to pay service tax at their end.

10. Selection of Consultant Agency for Evaluation


The selection of evaluation agency should be finalized as per provisions of KTPP Act and
rules without compromising on the quality.

11. Contact person for further details:


Sri. N. Munireddy, Project Director, Streeshakthi, W & C Dept. Telephone No. 080-
22386153 & Sri. Krishna, Deputy Director Women & Child Development Dept. Telephone
no.080-22353833 (mobile no. 8197684900) will be the contact persons for giving
information and details for this study.
The entire process of evaluation shall be subject to and conform to the letter and spirit
of the contents of the Government of Karnataka Order no. PD/8/EVN (2)/2011 dated
11th July 2011 and orders made there under.
This ToR is sanctioned in the 16th meeting of the Technical Committee of KEA held on
24th January 2015.

Sd/-
Chief Evaluation Officer
Karnataka Evaluation Authority

Karnataka Evaluation Authority|


Annexure 3

CONTENTS

SL.
PARTICULARS PAGE NO.
NO

1 INTRODUCTION 1

2 SALIENT HIGHLIGHTS OF THE ACT & RULES 2-3

3 IMPLEMENTATION OF THE ACT-PROGRESS 4

4 APPROACH & METHODOLOGY- STATUS 5-14

5 WORK PLAN 15

6 ANNEXURES -

Karnataka Evaluation Authority 1


Chapter 1
INTRODUCTION

The Indian Constitution requires the state to ensure security, safety and protection of women
against domestic violence and in this direction, the Indian Government and the States have
been formulating and implementing a number of Acts and Rules and amend them from time
to time depending on the need and contemporary social scenario. Among them the Central
Act-2005, namely “Protection of Women from Domestic Violence Act 2005, aims at curbing
domestic violence against women.

Though Indian cultural ethos place women on high pedestal of society and provide equal
opportunity and an honorable status, there are a number of aberrations in different social
strata’s and regions of the country. Some traditional perceptions about the women folk and
wrong notions continue to persist in spite of enhanced literacy and economic advancement
among the population. India being one of the oldest civilizations has been pursuing age old
traditional practices of respecting the women. But they are receiving raw deal in general.

1.3 Karnataka

Government of Karnataka has been vigorously pursuing the objective of safeguarding


ensuring security and safety of women, through this Act. Which is being implemented across
the State in all the 215 Blocks of 30 districts.The GOK intends to assess the efficacy of
implementation of the Act across the state, identify lacunae and shortcomings, understand
ground realities and consider whether the Act and Rules framed are being effectively
followed, through a Third-party evaluation process. READI-INDIA Dharwad has been
entrusted with the task of carrying out an evaluation of efficacy of the Act in prevention of
domestic violence against women.

Scope of the study


As per Terms of Reference, Broad scope of the study is to:
✓ Ascertain whether or not the objectives intended are being fulfilled through
implementation of the Act, if not, explore the reasons thereof.
✓ Study the nature of domestic violence perpetrated on women folk in different regions
and the extent of violence.
✓ Review and study existing loopholes in implementation and explore reasons if there
is any deficiency implementation mechanism and present arrangement;
✓ Explore need for amendments in the rules/Act within overall framework;

Karnataka Evaluation Authority 2


Chapter 2
SALIENT HIGHLIGHTS OF THE ACT AND RULES

The Protection of Women against Domestic Violence Act (PWDV) Act and rules define wide
ranging types of domestic violence against women and remedies which include:

(i) Acts that inflict physical and mental injuries to women which affect and threatens
security of women and their wellbeing;
(ii) Extorting money either in the form of Dowry or other pecuniary demands from
women;
(iii) Threatening to cause physical injury to women

Broadly four types of acts are defined as violence namely

a) Causing physical injury by kicking, hitting and other modes of violence resulting in
physical injury;
b) Sexual harassment, humiliation
c) Commenting, criticizing, scolding, insulting and other forms of mental insults,
leading to mental torture;
d) Depriving women of source of livelihood, denying minimum sustenance, resulting in
starvation, taking away the personal wealth property of women by force and
intimidation,

The Act also defines the eligibility of aggrieved women for seeking protection such as:

i) Those living together in a family under one roof


ii) Women related through marriages such as husband, mother-in law, father-in-law,
Brother-in-law etc
iii) Women with blood-relation such as mother, sisters, father-daughter, brother-sister etc;
iv) Those not legally married but living together even though not recognized by law;

Types of relief provided to the aggrieved women known as Protection Order which may
include:

a) Order advising the accused to desist from any violence further;


b) Order relating to rehabilitation of the aggrieved woman in another location away from
the home where violence is reported;
c) Order asking the other party to provide financial support to meet her medical and
other costs;
d) Protection order on payment of compensation as may be decided by the judiciary;
e) Order relating to handing over the custody of children by the accused to the
aggrieved woman;
f) Ex-parte order during the pendency of the decision of the (i) case in order to protect
the woman from any likely violence (ii) in case the opposite party does not turn
up/respond (iii) in the form of Interim Relief;

Karnataka Evaluation Authority 3


In the event of non-compliance of the order, the aggrieved woman can make an appeal
against non-compliance

IMPLEMENTATION

The Act and rules are implemented through the Women and Child Development
Department supported by a number of district and block level officials viz (i) Protection
officer (ii) Service Centers (iii) Police Department (iv) NGOs (v) Short stay homes -
Swadhar and Santwana Centers (vi) Legal Advisors.

The Act provides detailed framework of roles and responsibilities of each of the
officers/agencies at all level. The Act also provides for coordination and advisory
committees at State District and Block levels.

Karnataka Evaluation Authority 4


Chapter 3
IMPLEMENTATION OF THE ACT-PROGRESS

The PWDV Act and rules are being implemented from 2007-08 in the state. A study of the
number of cases registered and settled shows the following trend

Summary of Implementation of PWDVA

Cumulative number
Particulars For 2014-15 Total
(2007-08-2013-14)
Cases registered 33,223 5,280 38,303
Cases disposed off in courts 1,910 367 2,277
Protection orders issued 893 121 1,014
Residence Orders Issued 983 59 1,017
Monetary Orders issued 1,510 200 1,710
Child custody orders issued 422 22 444
Interim relief orders issued 1,079 168 1,247
Compensation paid 1,015 110 1,125
Ex-parte orders issued 383 37 420
Cases settled through
6,353 1,634 7,987
counseling
Appeals to higher courts 537 20 557
Pending cases 24,960 3,279 28,239
Source: RFP -KEA Bengaluru

A study of annual trends shows that the number of cases registered increased from 283 in
2007-08 to as high as 5,796, showing a 2000%rise in cases. As many 1,910 cases were
disposed off in courts during the seven year period and the annual variations were marginal.
In other cases also, marginal fluctuations were observed on a year to year basis. It was seen
that almost 20% of the registered cases were settled through counseling and of them, number
of counseled settlements during the last two years were almost 33% of total cases settled
under this method indicating that counseling worked very favorably between the parties.

Karnataka Evaluation Authority 5


Chapter 4
APPROACH AND METHODOLOGY- STATUS

The main objective of the study is to assess whether or not the scheme is being implemented
effectively, whether the aggrieved women have been enabled to take their grievances to this
forum and seek justice to their satisfaction, and whether the framework of the organization of
Protection officers and other associated agencies has been functioning as per the Act.

It is therefore essentially a study of organizational efficiency in delivering the tasks as


provided in the Act. Simultaneously, there is need to have direct feedback from the aggrieved
persons on their views, experience and expectations from the scheme. Finally, it is intended
to identify procedural, operational, legal aspects involved in effective implementation.

The focus of the study therefore, has to be on the performance of each of the agencies
entrusted with this task and to assess how far they have fulfilled the scheme objectives while
outcome -tracking would also have to have adequate focus.

Broad scope
The scope of study focuses mainly on two aspects namely
a) Institutional mechanism for implementation of PWDV Act
b) Implementation processes of the Act.
1. The first study is required to carry out an analysis of the institutional set up and
mechanism for not only administering the provisions such as
a) Awareness creation programmes proposed and carried out,
b) Working of the Co-ordination committees constituted to ensure effective and speedy
implementation of the Act; including a study of number and frequency of meetings of
the CCs at different levels and nature and types of decisions taken therein and how
these committees have facilitated expeditious remedial measures as per the Act;
c) The study of institutional mechanism also covers review of staff proposed to be
deployment, and actually positioned, their roles and responsibilities in fulfillment of
the objectives of the Act. If for any reason the required number of staff is not
positioned, what alternative arrangements/steps have been put in place by the State
and whether such an arrangement has provided effective support and enabled
effective implementation of the provisions of the Act.

Karnataka Evaluation Authority 6


2. The second aspect goes into detailed and analytical review of whether or not the
processes envisaged in the Act are being followed at different levels including
analytical study of number of cases: namely
i. Study of nature of case wise statistics (i.e. Physical/sexual/economic/ emotional
abuse/ dowry harassment/IPC 498 A cases)
ii. Women referred to family counseling Centres/Santwana/Swadhar centres for
counseling and trends thereof, including number of women requiring short stay
homes
iii. Study of date of hearings fixed in courts and the periods involved in doing so and
also issue of Domestic Incident Reports (DIRs) by Protection officers/Service
providers
iv. Compliance of provisions relating to issue of court notice/summons
v. Study of average time taken for issue of Interim Orders
vi. Study and review instances of violations of implementation of the orders passed
by the Magistrates and actions initiated for such violations
vii. Review present mechanism for collection and compilation of data and submission
of quarterly reports and if not, the mode and methodology being adopted for this
purpose
viii. Review and study actions taken as a follow up of recommendations of
co-ordination committees at different levels
ix. Identify reliable social, economic factors and other habits/vices which correlate to
domestic violence against women?
x. Review and study roles of SHGs and Stree Shakti organizations in minimizing
domestic violence.
xi. Review and identify difference among districts on the implementation of the Act
and identify characteristic features of such variations
The consultant has devised 6 schedules to seek answers to all the above questions/
aspects (appended as Annexure to this report).

Efforts would be made to collect all the data in addition to one to one and one to many
discussions at Taluk and District levels in selected study areas and based on the inputs; the
consultant would offer short and long term recommendations for effective working of the Act
to the advantage of the affected women.

Karnataka Evaluation Authority 7


METHODOLOGY

Keeping this in view, the consultant has initiated following steps:

 Legal Expert (Advocate)


 A team of experts comprising Sociologist and Gender specialist
 Statistician

is constituted. This team is supported by two Research Assistants and the team has already
commenced its work with:

(i) Preparation of formats, questionnaire schedules for capturing primary and


secondary information
(ii) Visits to District Women and Child Development officers, have been undertaken
(iii) First round of interactions with in charges of these Centers are through.

Desk review and study of Rules and procedures followed in general by respective NGOs and
a concerned department is in process;

Selection of Blocks

Information on number of cases registered in each of the district and division was accessed
from the Department of Women and Child Development, Govt of Karnataka Bengaluru. The
first step was to get the number of cases registered and settled.

List of Division wise PWDV Cases (For the Year 2014-15)

Sl.No Divisions

Gulbarga
Belgaum
Division Mysore Division
Bangalore Division Division
with Number of with Number of cases
With Number of cases with Number of
cases
cases

1 Bangalore Urban Belgaum Bidar 64 Chamarajnagar 5


585 172

2 Bangalore Rural 26 Bellary Chikamagalur 140


Vijaypur 120 144

3 Chikkaballapur 47 Dharwad 144 Gulbarga 79 184


Dakshina Kannada

Chitradurg Bagalkote 69 Koppal Hassan


4 121 99 61

5 Davanagere 25 Gadag Raichur Kodagu 53


57 33

Karnataka Evaluation Authority 8


6 Kolar 45 Haveri Yadgir 55 Mandya 97
188
Ramanagara Uttara Mysore
7 60 260
Kannada 63

8 Shivamogga 168 Udupi 21

9 Tumakuru 94
Total 1171 Total 813 Total 474 Total 821
Grand Total 3279
Bengaluru division had highest number of cases registered (1171) followed by Mysore
division (821) and closely followed by Belagavi (813). Kalburgi had least number of cases
registered. Taking this into consideration, following blocks were selected for detailed study.
Field studies are planned in 20 blocks from the four revenue divisions namely:
Sl.No Division District Blocks Selected for the Study
1 Bengaluru Bangalore (U) Bangalore (Central), Yelahanka and
Anekal
Chitradurga Holalkere, Molkalmuru
Shivamogga Shivamogga, Shikaripur
2 Mysore Mysore H.D Kote, Piriyapttan
Chikkamagalur Kadur, Mudagere
Kodagu Kodagu, Somavarpeth
3 Belagavi Dharwad Hubli-Dharwad (U), Kundgol
Vijaypur Indi, Basavanbagewadi
Uttar Kannada Karwar, Mundgod
4 Kalburgi Kalburgi Afzalpur, Alanda
Yadagiri Yadagiri, Shahapur
Bellary Hospet, Sandur
Total 12 25 Blocks
It is proposed to collect data from all 25 blocks using formats/questionnaires are proposed to
be used.
1. District PIA(D-1)
2. Protection officers (block level) (P-2)
3. NGOs (block level) Santwana Centers/Swadhar Centers (S-3)
4. Short stay homes/Health Centers (H-4)
5. Women affected by Domestic Violence whose cases are settled (W-5)
6. Legal Service Authority (L-6)

Karnataka Evaluation Authority 9


ONE-TO-ONE DISCUSSIONS

It is proposed to hold informal interactions with all those concerned with the implementation
of the Act such as (i) District level officers of WCD, (ii) Police Personnel (iii) Legal Advisors
(iv) Women Self Help Groups (v) Village Panchayat office bearers to elicit information on
the implementation of the Act in each Block, their views, and experiences, Procedures being
followed and their efficacy etc.

The following table provides details about the methodology proposed for collection of
required data.

TERMS OF REFERENCE -EVALUATION QUESTION MATRIX

WHO IS EXPECTED TO HOW WILL


PROVIDE THE
SL. EVALUATION TOR CONTENT OF THE
INFORMATION/ QUESTION TO
NO QUESTION NO QUESTION
RESPONSE TO THE BE
QUESTION ANSWERED
A. Institutional Mechanism
How many awareness Director at State level, Format devised
campaigns, workshops and DD at District level to capture data
training programmes and POs/CDPOs at (D-1 & P-2)
related to PWDW Act were taluk level
targeted each year at
1 A1 taluk/district and State
Level for women and other
stake holders, since
inception of the PWDV
Act? How many were
actually held?
How frequently do the Co- Director at State level, Format devised
ordination Committees meet DD at District level to capture data
at taluk/district/ State and POs/CDPOs at (D-1 & P-2)
levels? What are the taluk level
important decisions taken in
A2 these meetings
2
/recommendations
suggested for speedy
disposal of cases and
Improvement in the process
of implementation of the
PWDV Act?
What is the sanctioned and
existing staff strength at
3 A3 State, district and taluk Director at State level, Format devised
levels for implementation of DD at District level to capture data
the Act? Is these staff and POs/CDPOs at (D-1 & P-2)

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 10
dedicated exclusively for taluk level
this or CDPOs are put in
additional Charge of
implementing the Act along
with other functions of the
department? District wise
details may be obtained and
analyzed where, the cases
are disposed off early i.e. in
Taluks/blocks having
exclusive/dedicated staff or
in Taluks/blocks doing this
as additional work?
B. Implementation Process
The district wise, year wise Dy Directors of WC Format devised
and “nature of case” wise in/charge for capturing
statistics (i.e. physical / sexual In respective districts data (D-1)
/economic / emotional
abuse/dowry harassment/IPC
B1 498 A cases) may be collected
4
since inception till 2013-14
and analyzed. Is there a
pattern that can be seen in this
which will be useful for better
implementation of the Act in
future?
How many aggrieved women Protection Officers in Formats
are referred to family respective talukas devised for
B2 counseling collecting this
5
Centers/Santwana/Swadhar information
centres for counseling by (P-2)
CDPO/PO?
What percentage of aggrieved Protection Officers in Formats
women needs immediate short respective talukas devised for
stay facility? How many of collecting this
6 B3 them are actually sent to information
shelter homes by Protection (P-2)
Officers/CDPO/Police
personnel?
Is date of hearing fixed in Legal Through
B4 court within 3 days of the counselors/advisors/ schedule L-6
7
receipt of application by the CDPOs And P-2
court?
Is the time prescribed for Legal counselors Schedule L-6
filing the cases, issue of
B5 Domestic Incident Reports
8
(DIRs) by Protection
officers/service providers and
issue of court notice/summons

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 11
adhered to? If not, what is the
average time taken to do
these? What are the reasons
for the delay (where it exists)
and how could it be
minimized or avoided?
Whether in DIR form-1,
under III economic Violence,
“forcing to take up
employment” needs to be
included.
After forwarding of DIR to As above As above
the magistrate, how many
cases were referred for
B6 mediation /Counseling by
9
court and how many cases
were settled by counseling/
mediation in family court /
other courts?
After forwarding of DIR to As above As above
the magistrate, where
counseling/mediation was not
10 B7 resorted to or failed, what is
the average time taken for
hearing and final disposal of
the cases in courts?
What is the average time As above As above
11 B8 taken for issue of Interim
Orders?
What is the average time As above As above
12 B9 taken for issue of Interim
Orders?
Are Magistrates/courts As above As above
B10 disposing of applications
13
within 60 days from the
date of 1st hearing?
Are court interim / final As above As above
14 B11 orders given to protection
officers/petitioner freely?
Are appeals to Courts of As above As above
B12 session being filed within 30
15
days of service of order to any
of the parties?
Are there any instances of
violations of implementing Legal counselors / L-6 and P-2
the orders passed by the POs/CDPOs Schedules
16 B13 magistrate? If so, how many
cases are there and what
action has been taken on the
violators? Give details.

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 12
Is there any mechanism to Director of WCW/ One to one
collect and store data of DY Director WCW interactions
Domestic Violence over the with Director
years? If yes, who manages and use of
B14 the data? Is the programme formats
17
reviewed by State/Central
Govt. periodically? Are QPRs
consolidated at district and
State levels and sent to central
Govt.?
Is there follow up of Director WCW One to one
recommendations of the DDs WCW of interactions with
state/district/taluk level Respective districts Director and
18 B15 coordination committees? DDs
How many amendments to the
PWDV Act were suggested
and actually made?
Are there any reliable social, DDs of respective Through
economic factors and other Districts/POs/ interactions in
habits /vices which correlate CDPOs of talukas selected
to domestic violence against districts /
women? talukas and
(e.g. Economic Violence on through formats
B16 non-earning homemaker)
19
(e.g. DV due to drinking or
substance abuse by men)
(e.g. DV by men in multiple
relationships, gambling by
men)
(e.g. More physical violence
on un-educated people)
Do abused women have any DDs of respective Through
preference (non-Govt. vs. Districts/POs/ interactions in
B17 Govt. agencies) in seeking CDPOs of talukas selected
20
help and justice? districts /
(e.g. More Mental/Emotional talukas and
violence on educated people) through formats
Is the presence of Stree Shakthi POs/ Santwana Through P-2,
self-help Groups of W & CD Kendras/ Swadhar S-3 and W-5
21 B18 Dept. Preventive or reactive to Centres
Domestic Violence? Has more
awareness been created in
general public?
What was the basis on which Director of WCW One to one
47 posts of protection officers interactions
were created and when was
22 B19 this done. Is there need to
look at the issue of need of
more protection officers in the
present scenario?

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 13
Is the implementation of the Director of WCW/ One to one
PWDV Act significantly DDs of respective interactions
different between areas where Districts/ With Director,
there are dedicated full-time POs/ CDPOs DD/POs in
23 B20 Protection Officers as addition to use
compared to those areas of Schedules
where Protection Officers D-1, P-2
/CDPOs are on in-charge
duties?
If DV case is booked against a POs/ DDs of One to one
person, is he retaliating by respective talukas and interactions
booking case under Districts
24 B21 section-12 of Hindu Marriage
Act for Restitution of
conjugal rights or section-
11 for judicial separation
To suggest, based upon the - Study of
cases studied, measures to trends,
control, minimize and, if interactions
possible, eliminate domestic with cross
25 B22 violence against women. sections of
stake holders
and use of
own judgment
and premises

Case tracking
This would be taken up on the basis of data made available by the concerned districts and
blocks. Again, a representative sample would be drawn using the following criteria
i. Nature of case
ii. Location
iii. Year in which the case was filed and decided
iv. Social/economic status of aggrieved women such as age, educational background,
social category, financial status (earning, housewife, dependent etc)
v. Type of relief provided under the Act
vi. Other relevant criterion as may be necessary

FOCUSED GROUP DISCUSSIONS


Group approach has come to be one of most recognized tools of eliciting information and
opinions of stake holders and is being followed as a part of field studies since this can
provide wide ranging useful inputs for objective evaluation and analysis.

It is therefore, proposed to hold one-to-one and one-to-many interactions (FGDs) with dept
officials, community groups, in each block, five such group discussions are proposed.

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 14
Chapter 5
WORK PLAN

The time frame provided under the TOR is 6 months for completion of the study and
submission of Final Report. The consultant would adhere to this provision. Based on an
assessment of work involved in terms of interactions and also generation of primary data and
coverage of all the four divisions, tentatively, the following will be the time-frame to
accomplish the tasks:

Sl.
Activity Period (weeks)
No
1 Preliminary and preparatory team formation, 1 week (completed)
preparation of checklists/schedules

2 Collection of secondary data, 2 weeks (in process)


3 Preparation and presentation of inception report with 1 week (completed)
work plan

4 Visits to selected blocks, collection of primary and 8 weeks


secondary data, interactions with stake holders and
concerned Departments

5 Draft Report preparation and Presentation 4 weeks

6 Preparation of Final Report 4 weeks after receipt of


comments from Client
To ensure completion of field studies, each Research Assistant would be deployed to
cover two divisions and 10 blocks. The Core team would visit selected Blocks/Districts
either simultaneously or independently. Attempts would be made to cover more blocks.
However, visits and interactions with Divisional in charges and District officers would be
ensured to get a holistic picture.

The two RAs would cover the following Divisions

Particulars Division
Research Assistant 1 Bengaluru and Mysore- two to three
districts in each division and ten blocks
Research Assistant 2 Belagavi and Kalburgi- two to three
districts in each division and 10 blocks
It is expected that the KEA would offer comments and suggestions if any on the draft
report within the overall time frame

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 15
READI INDIA- DHARWAD
Evaluation study on efficacy of implementation of Protection of Women from Domestic
Violence
Questionnaire D-1
Respondent: District Project Implementing Agency (Deputy Director, W&CD)

1. Division
2. District
3. Name of the Designated officer:
4. Years in the District
5. Areas/tasks required to be performed under PWDVA

a)

b)

c)

d)

e)

6. Blocks covered

7. a) Number of awareness campaigns, workshops and training Programmes on


PWDVA Act were planned and organized.
I) Training programmes
Details of At At Town At Hoobli At GP Level
Awareness Municipality/ Panchayat Level
Programme Corporation Level
level
P O P O P O P O P O
2007-08
2008-09
2009-10
2010-11
2011-12
2012-13
2013-14
2014-15

P: Planned O: Organized

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 16
II) Awareness Programmes

At
Details of At Town
Municipality/ At Hoobli
Year Awareness Panchayat At GP Level
Corporation Level
Programme Level
level
P O P O P O P O P O
2007-08
2008-09
2009-10
2010-11
2011-12
2012-13
2013-14
2014-15

8. How frequently do the Co-ordination Committees meet at taluk/district/State


levels?
a) Monthly b) Quarterly c)Once in six months
d)Annual

9. Details of CC Meetings
year No. of meetings No.of Issues/ matters discussed and
participants decisions taken
2007-08
2008-09
2009-10
2010-11
2011-12
2012-13
2013-14
2014-15
Encl: Proceeding copy

10. sanctioned and existing staff strength district and taluk level for implementation
of the Act

11. Is this staff dedicated exclusively for this Yes/No

12. If no, are CDPOs put in additional Charge of implementing the Act along with
other functions of the department Yes/No

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 17
13. Do you see that cases are disposed off early i.e. in Taluk/block level having
exclusive/dedicated staff than in Taluks/blocks where POs are not positioned
Yes/ No

14. Do you get expected support and cooperation from concerned agencies? Yes/No
If no, please elaborate on the status

15. Do you see any definitive trends in the nature of violence against women?
Yes/ No. If yes, please elaborate

16. Please provide separate details on a) Financial b) Sexual/Physical c)Economical


d) Emotional abuse e) Dowry harassment cases - year wise from 2007-08 to 2014-15.

17. Do you feel that the benefits of the Act are being used by the women?
Yes/ No. If no, what needs to be done to educate the women on their rights?

18. Do you get desired support/ assistance from?

a. Legal Advisors

b. NGOs (Service Providers)

c. Swadhar, Santwana and Short Stay Homes

d. Others

19. What are the criteria used by you for apportionment of funds among the talukas?

20. Do you find the present financial allocation is adequate/inadequate?


If inadequate, what in your opinion should be the provision for each district?

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 18
21. Do you find that the domestic incident reports received by Protection Officers/Service
Providers are dealt with in the time schedule prescribed by the PWDVA and if not, reasons
for the same and the suggestions to minimize the delay.

22. What is the procedure followed to collect and store the data relating to domestic
violence incidents reports over the years and who is required to compile such data

23. Whether this program is reviewed periodically and whether QPRs are sent to the
State/Central Government.
Yes/ No

24. Do you face any difficulties/limitations in implementation of the Act ? Yes/ No.
if yes, please indicate areas where you have problems
a) Administrative b) Procedural c) Legal d) Financial) Others

25. Do you feel there is a need to improve the existing format of the Act ? Yes/No
If yes, please elaborate.

Seal & Signature

Note: Use Separate Sheets for more information’s

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 19
READI INDIA- DHARWAD
Evaluation study on efficacy of implementation of Protection of Women from Domestic
Violence
Questionnaire P-2
Respondent: Protection Officer
1. Division
2. District
3. Block
4. Name of the Designated officer
5. Years in the Block
6. Areas/ tasks required to be performed under PWDVA
i)

ii)

iii)

iv)

7. a) Number of awareness campaigns, workshops and training programmes related to


PWDVA, since inception? How many were actually held

I: Awareness Programmes

Details of At Hoobli At GP SHG/Stree


Taluk level
Year Awareness Level Level Shakti
Programme
P O P O P O P O P O
2007-08
2008-09
2009-10
2010-11
2011-12
2012-13
2013-14
2014-15

P: Planned O: Organized

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 20
II: Training and Workshops

Details of At Hoobli SHG/Stree


Taluk level At GP Level
Awareness Level Shakti
Programme
P O P O P O P O P O
2007-08
2008-09
2009-10
2010-11
2011-12
2012-13
2013-14
2014-15

P: Planned O: Organized

8. What is the sanctioned and existing staff strength taluk level for implementation
of the Act?

9. Is the staff is dedicated exclusively for this or are CDPOs put in additional Charge
of this task.

10. Do you keep the district in charge informed about your operational limitations?
Periodically. Yes/ No

11. Do you receive desired and timely support from District In charge?

12. Do you get desired and timely response and support from Legal Advisor?
Yes/ No. If no, do you report your difficulties to the District In charge

13. Do you maintain contacts with Santwana Centers/ Swadhar Centers /NGOs on a
Periodical basis? Yes/No. If yes with what frequency?
a) Monthly, b) Quarterly, c) Depending on need d) Others(specify)

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 21
14. Do you see any specific trend in the nature and number of cases of Domestic?
Violence against Women in you jurisdiction. Yes/ No. If yes, please elaborate
Whether they fall under the following categories
a) Social (Community/Caste etc)
b) Economic (Livelihood /Income)
c) Educational (Illiterates/Literates/ Highly Qualified
d) Religious (Particular groups)
e) Location (Rural/semi urban/ urban
f) Others (Specify)
15. Please give details of “nature of case” wise statistics (i.e. Physical/Sexual/Economic/
Emotional abuse/Dowry harassment/IPC 498 A cases) since 2007-08 to 2013-14.

16. How many aggrieved women are referred to family counseling centers/
Santwana/Swadhar centers for counseling’s by CDPO/PO?

17. What percentage of aggrieved women needs immediate short stay facility? How
many of them are actually sent to shelter homes by Protection Officers/CDPO/Police
Personnel?

18. Do you face any threats/challenges in dealing with cases? Yes/No


If yes, elaborate on types of threats such as physical threat, political, social

19. Did you bring these to the notice of your District in charge yes/ No
If yes, did you receive any support/ assistance (please elaborate)

20. Details of annual amount allotted and spent from 2007-08 to 2014-15) may be given in
the following format: (Component wise Amount Spent)
Shortfall/surplus
Year Amount allotted Amount spent
if any

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 22
21. Do you find the cooperation from other agencies is adequate and positive? Yes/ No
If no. Please elaborate

22. Are u satisfied that you are able to secure justice to the aggrieved women seeking
Help under the Act. Yes/No. If no, elaborate on any deficiencies

23. What is the role of local Stree Shakti and Self Help Groups in
a) Educating the women about their rights and responsibilities

b) Registering cases

c) Pursuing cases

d) Preventing domestic violence against women in their area

e) Others (specify)

24. Do you feel that judicial processes involve longer time in decisions. Yes/No
If yes, what remedial measures are considered to hasten the processes

25. Your impressions about the present framework of the Act and need for
Improvement to enhance efficacy of implementation:

Name with signature:


Place:
Date:

Note: Use Separate Sheets for more information’s

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 23
READI INDIA- DHARWAD
Evaluation study on efficacy of implementation of Protection of Women from Domestic
Violence
Questionnaire S-3
Respondent: Non Govt Organization/ Santwana Kendra/ Swadhar Kendra
1. Division
2. District
3. Block
4. Name of the in charge
5. Designation
a. Registration No. with year
b. Registered Office with address and phone

c. Local office with Address, telephone number

d. Types of Activities/ social services Rendered as per your Bye-Laws


i.
ii.
iii.

6. Since when associated with this work

7. Personnel working in the Centre with their academic background


i.
ii.
iii.

8. Your roles and responsibilities in the PWDVA

9. Details of cases registered by you in the last seven years :- (i.e. Physical/Sexual
/Economic/ Emotional abuse/Dowry harassment/IPC 498 A) cases since 2007-
08 to 2013-14. In separate sheet

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 24
10. What methods are used to create awareness among local women about the Act
and educate them?

a.
b.
c.

11. Do you arrange to refer the victims to nearby Health Centers as nominated?
Yes/No. If yes, details of such cases may be provided

12. Number of women assisted by you to secure shelter in the Santwana Kendra/
Swadhar Kendra /Short stay homes Year wise Details 2007-08 to 2014-15

13. How frequently you meet/ interact with the following:


Sl no Agency Purpose
01 District In charges
02 Protection Officers
03 Legal Advisors
04 Other Agencies

14. Do you receive desired cooperation and assistance from these agencies? Yes/ no
If no, please elaborate

15. Do you maintain regular contacts with local Stree Shakti and Self Help Groups in
your jurisdiction. Yes/ No

16. If yes, do you advise them and educate on the need for prevention of Domestic
Violence against women folk? Yes/ No

17. What is the response of such groups on the Act? Has it prevented further violence on?
Women? Yes/No. If yes, to what extent.

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 25
18. Do you find that settlement of cases takes longer than required time? Yes/No
If yes, what could be the steps to speed up the decisions

19. Do you experience any threat from the accused parties? Yes/ No
If yes, elaborate on types of threats

i. iii.

ii. iv.

20. Do you think the Act is being effectively implemented in the area and incidences
Yes/ No. If yes, to what extent?

21. Do you have any suggestions for improved and women friendly steps needed to make
the Act more effective and reduce domestic violence. Yes/no If yes
i.
ii
iii
iv
v

Signature:

Designation:

Place:

Date:

Note: Use Separate Sheets for more information’s

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 26
READI INDIA- DHARWAD
Evaluation study on efficacy of implementation of Protection of Women from Domestic
Violence
Questionnaire H-4
Respondent: Health Centers/Short Stay Homes
Division:
1. District
2. Block
3. Name of the Centre
4. In charge
5. Designation
6. Registration No. with year
7. Registered Office with address and phone

8. Local office with Address, telephone number

9. Personnel working in the centre

10. Facilities available(separate in case of stay homes and Health Centers)

11. Do you have adequate facilities to accommodate inmates? If yes details of present
and proposed facilities:
a) General Rooms b) General Halls c) Special rooms d) Utilities (Bath rooms/Toilets
and their ratio to)

12. Canteen/food arrangements

13. Do you have adequate number of Attendants to provide effective services?


Yes/No. If no, how do you cope up with emerging demand?

14. Average number of women lodged in your centre/referred (Health Centers)

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 27
15. In case of Health Centre, provide details of facilities available in your centre such as
a) No. of physicians/visiting Doctors
b) Nursing staff
c) Dais and other support staff
d) Wardens

16. Do you outsource any of these services? Yes/No


If yes, under which arrangement a) Case to case b) Regular c) Other
In case of outsourced experts, provide frequency of their visits
a) Bi weekly b) Once a week c) Once a fortnight d) Monthly
e) As per requirement of the case;

17. In case of stay homes, do you provide all facilities and assistance to the inmates to
their requirements? Yes/No. If no, how do you cope up with the demand?

18. Do you outsource any services from outside to meet the minimum
Requirements. Yes/No
If yes, whether on case to case basis or on a regular basis

19. Do you have to spent additional money for this purpose? Yes/No
If yes, do you get reimbursement of the cost from the Govt Yes/ no

If yes, do you find it to be commensurate to the requirement. Yes/ no

If no, what in your experience, should be minimum cost per person sheltered
In your centre

20. What is average demand for stay/ health services as at present?


Is there any increasing trend in number of women being sent for shelter/health
services? Yes/No. If yes, by what extent?

21. Are you able to meet the requirement fully? Yes/No


If no, what are the problems/limitations?

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 28
22. Is the reimbursement mechanism conducive and adequate

23. Do you find cost reimbursement is delayed abnormally? Yes/ No


If yes, did you bring this to the notice of District in charge? Yes/no

If yes, what steps were taken by District In charge?

24. Your suggestions to make the Centre women friendly and more effective

i)

ii)

iii)

Signature:

Name:

Place:

Date:

Note: Use Separate Sheets for more information’s

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 29
READI INDIA- DHARWAD
Evaluation study on efficacy of implementation of Protection of Women from Domestic
Violence
Questionnaire W-5
Respondent:

1. Division
2. District
3. Block
4. Village
5. Name of the respondent
6. Permanent residence
7. Marital status Married/ Divorced/Deserted
8. Age
9. Educational background
10. Social status
11. Economic status a) Self-employed b) Labour c) Service d) Dependent housewife
12. Where and when did you register your complaint:

13. Reasons for registering your complaint


a)

b)

c)

14. Against whom complained


a. Husband

b. In-laws

c. Other relation in husband’s house

d. Father

e. Brother

f. Others

15. Type of violence meted out to you

a)

b)

c)

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 30
16. What made you to take this step to seek legal remedy?

a)

b)

c)

17. Did you try to (i) Reconcile with the situation ii) Patch-up differences
iii) Negotiated settlement (iv) Other means of agreement before taking shelter under
this Act? Yes/No. If yes, please elaborate on the same

18. Through whom did you register your complaint?


a) Stree Shakti
b) Swadhar Kendra/NGO
c) Protection officer
d) Others (specify)

19. Who guided/assisted in filing a complaint?

20. Did you receive response to your complaint on time? Yes/ No


If no, after what time (i) fortnight (ii) one month iii) three months iv)more

21. How was your case decided?


a) Issuance of protection order
b) Stay home order
c) Compensation order
d) Order on restoration of custody of your child to you
e) Ex-parte order
f) Special compensation
g) Others (Specify)

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 31
22. Did you receive good support and assistance from the (i) Protection Officer
(ii) NGO (iii) Legal Advisor (iv) Judiciary (v) Other agencies
Yes/No. If no, please elaborate

23. If provided shelter and health assistance, how long did you stay there and whether
your stay was to your satisfaction?

24. Were you looked after well in these Centers? Yes/No


If no, reasons for your not being satisfied with the Centers

25. If the Centers were unable to provide required facilities what according to you
were the reasons
a) Inadequate facilities
b) Inadequate staff
c) Lack of commitment
d) Financial constraints of the Centers
e) Lukewarm attitude of the staff
f) Others (specify)

26. If you did not receive desired support, did you complain to the DD/PO?
Yes/ No. If yes, what measures were initiated?

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 32
27. Do you feel that the Centers are not able to cope with the demand for services?
Yes/No. If yes, what could be major reasons for their deficiency in service?
provision
a)

b)

c)

28. Did you meet fellow-women in the Centers where you were lodged and interact
with them? Yes/No
If yes, what were their views, experiences in these Centers?

a)

b)

c)

29. Do you feel that you could get adequate and timely justice by virtue of the new
Act? Yes/ No
If no, what needs to be done to improve service delivery at District and Block
Levels and also of the Centers/ NGOs

a)

b)

c)

d)

Name:

Signature:

Place:

Date:

Note: Use Separate Sheets for more information’s

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 33
READI INDIA- DHARWAD
Evaluation study on efficacy of implementation of Protection of Women from Domestic
Violence
Questionnaire L-6
Respondent: Deputy Director/Protection Officer/Legal Services Authority
1. Division District
2. Name:
3. Whether the date of hearing is fixed in the court within 3 days of the receipt of
application by the court? If not, the reasons for the same

4. a) Whether the time prescribed for filing the cases, issue of Domestic Incident Reports
(DIRs) by Protection officers/service providers and issue of court notice/summons is
being adhered to? If not, the average time taken to do these.
a) What are the reasons for the delay (where it exists)

b) Whether there is scope to minimize the time and if so, how could it be minimized
or avoided?

c) Whether in DIR form-1, under III economic Violence, “forcing to take up


employment” needs to be included.

d) After forwarding of DIR to the magistrate, how many cases were referred for
mediation/Counseling by court and how many cases were settled by counseling/
mediation in family court / other courts?

e) After forwarding of DIR to the magistrate, where counseling/mediation was not


resorted to or failed, what is the average time taken for hearing and final disposal
of the cases in courts?

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 34
f) What is the average time taken for issue of Interim Orders?

g) Are Ex-parte Orders issued by court as and when required? If so, the
circumstances there for may be highlighted

h) Whether the courts are disposing of applications within 60 days from the date of
1st hearing? If no, the reasons for the same may please be listed

i) Whether court interim / final orders supplied to protection officers/petitioner free


of cost on request? If not, reasons for not doing so may be highlighted

j) Are appeals to Courts of session being filed within 30 days of service of order to
any of the parties?

k) Are there any instances of violations of implementing the orders passed by the
magistrate?
If so, what are the numbers of such cases and what action has been taken on the
violators? Please elaborate.

l) Do you feel that the existing provisions of PWDV are adequate and effective to
ensure safety and social justice to women? If yes, please elaborate

Name:

Designation:

Signature:

K a r n a t a k a E v a l u a t i o n A u t h o r i t y 35
Annexure 4

List of individuals or groups interviewed/consulted and sites visited

Sl. Particulars Number of Individuals or groups


No interviewed/consulted
01 Deputy Directors of District 12 Districts namely: Bengaluru (U),
Chitradurga, Shivamogga, Mysuru, Kodagu,
Chickmagaluru, Dharwad, Vijaypura,
Uttarkannada, Kalburgi, Yadgiri and Bellary
02 Protection Officers 25 Blocks namely: Bangalore (Central),
Yelahanka, Anekal, Holalkere, Molakalmuru,
Shivamogga, Shikaripur, H.D.Kote,
Piriyayapattan, Kodagu, Somavarpeth, Kadur,
Mudagere, Hubli-Dharwad(U), Kundgol, Indi,
Basavanbagewadi, Karwar, Mundagod,
Afzalpur, Alanda, Yadgiri, Shahpur, Hospet
and Sandur
03 Santwana/Swadhara Centers 25 Centers in all selected districts and blocks
as above
04 Women Victims Bengaluru-48, Mysuru-41, Belagavi-54,
Kalburgi-40. Total-183
Annexure 5

Short biography of the Principal Investigator

Name: Saraswati Pujar


Educational qualification:

Sl. Degree Year of Passing University/College


No
01 B.A. L.L.B (Hons 5 2003 University College of Law, Dharwad
years course)

Professional experience:
i. 6 years Law practice experience.
ii. Legal Consultant to Dharwad District Women Forum.
iii. Worked as Translator of law books from English to Kannada in Sun
Law Publication Bangalore.
iv. Worked as Legal Advisor for Exide Insurance, Dharwad.
v. Worked as Adviser for Case study and Evaluation of Land Arbitration
in case of Land Acquisition for different irrigation schemes in
Dharwad
vi. Represented for both the victims and the respondents in the cases
under protection of women from domestic violence Act.
vii. Working as Legal Adviser in Evaluation on Impact Assessment of
Helpline Center with READI-INDIA.
viii. Presently working as Principal Investigator with his husband
Advocate Sri. Mahantesh M Korimath Legal Practicenor to High Court
Dharwad as Gender specialist for Implementation and Efficacy of
Protection of Women from Domestic Violence Act 2005 Rules 2006 in
Karnataka.
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
NO. 43 OF 2005
[13th September, 2005.]

An Act to provide for more effective protection of the rights of women guaranteed under the
Constitution who are victims of violence of any kind occurring within the family and for
matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement.

1. Short title, extent and commencement.-(1) This Act may be called the Protection of Women
from Domestic Violence Act, 2005.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint.

2. Definitions.

2. Definitions.-In this Act, unless the context otherwise requires,-

(a) "aggrieved person" means any woman who is, or has been, in a domestic relationship with
the respondent and who alleges to have been subjected to any act of domestic violence by the
respondent;

(b) "child" means any person below the age of eighteen years and includes any adopted, step or
foster child;

(c) "compensation order" means an order granted in terms of section 22;

(d) "custody order" means an order granted in terms of section 21;

(e) "domestic incident report" means a report made in the prescribed form on receipt of a
complaint of domestic violence from an aggrieved person;

(f) "domestic relationship" means a relationship between two persons who live or have, at any
point of time, lived together in a shared household, when they are related by consanguinity,
marriage, or through a relationship in the nature of marriage, adoption or are family members
living together as a joint family;
(g) "domestic violence" has the same meaning as assigned to it in section 3;
(h) "dowry" shall have the same meaning as assigned to it in section 2 of the Dowry
Prohibition Act, 1961 (28 of 1961);
(i) "Magistrate" means the Judicial Magistrate of the first class, or as the case may be, the
Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure, 1973
(2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the
respondent resides or the domestic violence is alleged to have taken place;

(j) "medical facility" means such facility as may be notified by the State Government to be a
medical facility for the purposes of this Act;

(k) "monetary relief" means the compensation which the Magistrate may order the respondent
to pay to the aggrieved person, at any stage during the hearing of an application seeking any
relief under this Act, to meet the expenses incurred and the losses suffered by the aggrieved
person as a result of the domestic violence;

(l) "notification" means a notification published in the Official Gazette and the expression
"notified" shall be construed accordingly;

(m) "prescribed" means prescribed by rules made under this Act;

(n) "Protection Officer" means an officer appointed by the State Government under sub-section
(1) of section 8;

(o) "protection order" means an order made in terms of section 18;

(p) "residence order" means an order granted in terms of sub-section (1) of section 19;
(q) "respondent" means any adult male person who is, or has been, in a domestic relationship
with the aggrieved person and against whom the aggrieved person has sought any relief under
this Act:

Provided that an aggrieved wife or female living in a relationship in the nature of a marriage
may also file a complaint against a relative of the husband or the male partner;

(r) "service provider" means an entity registered under sub-section (1) of section 10;

(s) "shared household" means a household where the person aggrieved lives or at any stage has
lived in a domestic relationship either singly or along with the respondent and includes such a
household whether owned or tenanted either jointly by the aggrieved person and the
respondent, or owned or tenanted by either of them in respect of which either the aggrieved
person or the respondent or both jointly or singly have any right, title, interest or equity and
includes such a household which may belong to the joint family of which the respondent is a
member, irrespective of whether the respondent or the aggrieved person has any right, title or
interest in the shared household;

(t) "shelter home" means any shelter home as may be notified by the State Government to be a
shelter home for the purposes of this Act.

CHAPTER II
DOMESTIC VIOLENCE

3. Definition of domestic violence.


3. Definition of domestic violence.-For the purposes of this Act, any act, omission or
commission or conduct of the respondent shall constitute domestic violence in case it -

(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or
physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual
abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any
other person related to her to meet any unlawful demand for any dowry or other property or
valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to her by any
conduct mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

Explanation I.-For the purposes of this section,-

(i) "physical abuse" means any act or conduct which is of such a nature as to cause bodily pain,
harm, or danger to life, limb, or health or impair the health or development of the aggrieved
person and includes assault, criminal intimidation and criminal force;

(ii) "sexual abuse" includes any conduct of a sexual nature that abuses, humiliates, degrades or
otherwise violates the dignity of woman;

(iii) "verbal and emotional abuse" includes-

(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to
not having a child or a male child; and

(b) repeated threats to cause physical pain to any person in whom the aggrieved person is
interested.

(iv) "economic abuse" includes-


(a) deprivation of all or any economic or financial resources to which the aggrieved person is
entitled under any law or custom whether payable under an order of a court or otherwise or
which the aggrieved person requires out of necessity including, but not limited to, household
necessities for the aggrieved person and her children, if any, stridhan, property, jointly or
separately owned by the aggrieved person, payment of rental related to the shared household
and maintenance;

(b) disposal of household effects, any alienation of assets whether movable or immovable,
valuables, shares, securities, bonds and the like or other property in which the aggrieved person
has an interest or is entitled to use by virtue of the domestic relationship or which may be
reasonably required by the aggrieved person or her children or her stridhan or any other
property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved
person is entitled to use or enjoy by virtue of the domestic relationship including access to the
shared household.

Explanation II.-For the purpose of determining whether any act, omission, commission or
conduct of the respondent constitutes "domestic violence" under this section, the overall facts
and circumstances of the case shall be taken into consideration.

CHAPTER III
POWERS AND DUTIES OF PROTECTION OFFICERS, SERVICE PROVIDERS, TC.

4. Information to Protection Officer and exclusion of liability of informant.

4. Information to Protection Officer and exclusion of liability of informant.-(1) Any person


who has reason to believe that an act of domestic violence has been, or is being, or is likely to
be committed, may give information about it to the concerned Protection Officer.

(2) No liability, civil or criminal, shall be incurred by any person for giving in good faith of
information for the purpose of sub-section (1).

5. Duties of police officers, service providers and Magistrate.

5. Duties of police officers, service providers and Magistrate.-A police officer, Protection
Officer, service provider or Magistrate who has received a complaint of domestic violence or is
otherwise present at the place of an incident of domestic violence or when the incident of
domestic violence is reported to him, shall inform the aggrieved person-

(a) of her right to make an application for obtaining a relief by way of a protection order, an
order for monetary relief, a custody order, a residence order, a compensation order or more
than one such order under this Act;

(b) of the availability of services of service providers;

(c) of the availability of services of the Protection Officers;

(d) of her right to free legal services under the Legal Services Authorities Act, 1987 (39 of
1987);
(e) of her right to file a complaint under section 498A of the Indian Penal Code (45 of 1860),
wherever relevant:

Provided that nothing in this Act shall be construed in any manner as to relieve a police officer
from his duty to proceed in accordance with law upon receipt of information as to the
commission of a cognizable offence.

6. Duties of shelter homes.

6. Duties of shelter homes.-If an aggrieved person or on her behalf a Protection Officer or a


service provider requests the person in charge of a shelter home to provide shelter to her, such
person in charge of the shelter home shall provide shelter to the aggrieved person in the shelter
home.

7. Duties of medical facilities.

7. Duties of medical facilities.-If an aggrieved person or, on her behalf a Protection Officer or a
service provider requests the person in charge of a medical facility to provide any medical aid
to her, such person in charge of the medical facility shall provide medical aid to the aggrieved
person in the medical facility.

8.Appointment of Protection Officers.

8. Appointment of Protection Officers.-(1) The State Government shall, by notification,


appoint such number of Protection Officers in each district as it may consider necessary and
shall also notify the area or areas within which a Protection Officer shall exercise the powers
and perform the duties conferred on him by or under this Act.

(2) The Protection Officers shall as far as possible be women and shall possess such
qualifications and experience as may be prescribed.

(3) The terms and conditions of service of the Protection Officer and the other officers
subordinate to him shall be such as may be prescribed.

9.Duties and functions of Protection Officers.

9. Duties and functions of Protection Officers.-(1) It shall be the duty of the Protection Officer-

(a) to assist the Magistrate in the discharge of his functions under this Act;

(b) to make a domestic incident report to the Magistrate, in such form and in such manner as
may be prescribed, upon receipt of a complaint of domestic violence and forward copies
thereof to the police officer in charge of the police station within the local limits of whose
jurisdiction domestic violence is alleged to have been committed and to the service providers
in that area;

(c) to make an application in such form and in such manner as may be prescribed to the
Magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection
order;

(d) to ensure that the aggrieved person is provided legal aid under the Legal Services
Authorities Act, 1987 (39 of 1987) and make available free of cost the prescribed form in
which a complaint is to be made;

(e) to maintain a list of all service providers providing legal aid or counselling, shelter homes
and medical facilities in a local area within the jurisdiction of the Magistrate;

(f) to make available a safe shelter home, if the aggrieved person so requires and forward a
copy of his report of having lodged the aggrieved person in a shelter home to the police station
and the Magistrate having jurisdiction in the area where the shelter home is situated;
(g) to get the aggrieved person medically examined, if she has sustained bodily injuries and
forward a copy of the medical report to the police station and the Magistrate having jurisdiction
in the area where the domestic violence is alleged to have been taken place;

(h) to ensure that the order for monetary relief under section 20 is complied with and executed,
in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of
1974);

(i) to perform such other duties as may be prescribed.

(2) The Protection Officer shall be under the control and supervision of the Magistrate, and
shall perform the duties imposed on him by the Magistrate and the Government by, or under,
this Act.

10.Service providers.

10. Service providers.-(1) Subject to such rules as may be made in this behalf, any voluntary
association registered under the Societies Registration Act, 1860 (21 of 1860) or a company
registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in
force with the objective of protecting the rights and interests of women by any lawful means
including providing of legal aid, medical, financial or other assistance shall register itself with
the State Government as a service provider for the purposes of this Act.

(2) A service provider registered under sub-section (1) shall have the power to-

(a) record the domestic incident report in the prescribed form if the aggrieved person so desires
and forward a copy thereof to the Magistrate and the Protection Officer having jurisdiction in
the area where the domestic violence took place;

(b) get the aggrieved person medically examined and forward a copy of the medical report to
the Protection Officer and the police station within the local limits of which the domestic
violence took place;

(c) ensure that the aggrieved person is provided shelter in a shelter home, if she so requires and
forward a report of the lodging of the aggrieved person in the shelter home to the police station
within the local limits of which the domestic violence took place.

(3) No suit, prosecution or other legal proceeding shall lie against any service provider or any
member of the service provider who is, or who is deemed to be, acting or purporting to act
under this Act, for anything which is in good faith done or intended to be done in the exercise
of powers or discharge of functions under this Act towards the prevention of the commission of
domestic violence.

11.Duties of Government.

11. Duties of Government.-The Central Government and every State Government, shall take all
measures to ensure that-
(a) the provisions of this Act are given wide publicity through public media including the
television, radio and the print media at regular intervals;

(b) the Central Government and State Government officers including the police officers and the
members of the judicial services are given periodic sensitization and awareness training on the
issues addressed by this Act;

(c) effective co-ordination between the services provided by concerned Ministries and
Departments dealing with law, home affairs including law and order, health and human
resources to address issues of domestic violence is established and periodical review of the
same is conducted;

(d) protocols for the various Ministries concerned with the delivery of services to women under
this Act including the courts are prepared and put in place.

CHAPTER IV
PROCEDURE FOR OBTAINING ORDERS OF RELIEFS

12. Application to Magistrate.

12. Application to Magistrate.-(1) An aggrieved person or a Protection Officer or any other


person on behalf of the aggrieved person may present an application to the Magistrate seeking
one or more reliefs under this Act:

Provided that before passing any order on such application, the Magistrate shall take into
consideration any domestic incident report received by him from the Protection Officer or the
service provider.

(2) The relief sought for under sub-section (1) may include a relief for issuance of an order for
payment of compensation or damages without prejudice to the right of such person to institute
a suit for compensation or damages for the injuries caused by the acts of domestic violence
committed by the respondent:

Provided that where a decree for any amount as compensation or damages has been passed by
any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of
the order made by the Magistrate under this Act shall be set off against the amount payable
under such decree and the decree shall, notwithstanding anything contained in the Code of
Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable
for the balance amount, if any, left after such set off.

(3) Every application under sub-section (1) shall be in such form and contain such particulars
as may be prescribed or as nearly as possible thereto.

(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three
days from the date of receipt of the application by the court.

(5) The Magistrate shall Endeavour to dispose of every application made under sub-section (1)
within a period of sixty days from the date of its first hearing.
13. Service of notice.

13. Service of notice.-(1) A notice of the date of hearing fixed under section 12 shall be given
by the Magistrate to the Protection Officer, who shall get it served by such means as may be
prescribed on the respondent, and on any other person, as directed by the Magistrate within a
maximum period of two days or such further reasonable time as may be allowed by the
Magistrate from the date of its receipt.

(2) A declaration of service of notice made by the Protection Officer in such form as may be
prescribed shall be the proof that such notice was served upon the respondent and on any other
person as directed by the Magistrate unless the contrary is proved.
14. Counselling.

14. Counselling.-
(1) The Magistrate may, at any stage of the proceedings under this Act, direct the respondent or
the aggrieved person, either singly or jointly, to undergo counselling with any member of a
service provider who possess such qualifications and experience in counselling as may be
prescribed.

(2) Where the Magistrate has issued any direction under sub-section (1), he shall fix the next
date of hearing of the case within a period not exceeding two months.

15. Assistance of welfare expert.

15. Assistance of welfare expert.-In any proceeding under this Act, the Magistrate may secure
the services of such person, preferably a woman, whether related to the aggrieved person or
not, including a person engaged in promoting family welfare as he thinks fit, for the purpose of
assisting him in discharging his functions.

16.Proceedings to be held in camera.

16. Proceedings to be held in camera.-If the Magistrate considers that the circumstances of the
case so warrant, and if either party to the proceedings so desires, he may conduct the
proceedings under this Act in camera.

17.Right to reside in a shared household.

17. Right to reside in a shared household.-(1) Notwithstanding anything contained in any other
law for the time being in force, every woman in a domestic relationship shall have the right to
reside in the shared household, whether or not she has any right, title or beneficial interest in
the same.

(2) The aggrieved person shall not be evicted or excluded from the shared household or any
part of it by the respondent save in accordance with the procedure established by law.

18.Protection orders.

18. Protection orders.-The Magistrate may, after giving the aggrieved person and the
respondent an opportunity of being heard and on being prima facie satisfied that domestic
violence has taken place or is likely to take place, pass a protection order in favor of the
aggrieved person and prohibit the respondent from-

(a) committing any act of domestic violence;

(b) aiding or abetting in the commission of acts of domestic violence;

(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a
child, its school or any other place frequented by the aggrieved person;

(d) attempting to communicate in any form, whatsoever, with the aggrieved person, including
personal, oral or written or electronic or telephonic contact;

(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by
both the parties, jointly by the aggrieved person and the respondent or singly by the
respondent, including her stridhan or any other property held either jointly by the parties or
separately by them without the leave of the Magistrate;

(f) causing violence to the dependants, other relatives or any person who give the aggrieved
person assistance from domestic violence;

(g) committing any other act as specified in the protection order.

19. Residence orders.

19. Residence orders.-(1) While disposing of an application under sub-section (1) of section
12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a
residence order -

(a) restraining the respondent from dispossessing or in any other manner disturbing the
possession of the aggrieved person from the shared household, whether or not the respondent
has a legal or equitable interest in the shared household;

(b) directing the respondent to remove himself from the shared household;

(c) restraining the respondent or any of his relatives from entering any portion of the shared
household in which the aggrieved person resides;

(d) restraining the respondent from alienating or disposing off the shared household or
encumbering the same;

(e) restraining the respondent from renouncing his rights in the shared household except with
the leave of the Magistrate; or

(f) directing the respondent to secure same level of alternate accommodation for the aggrieved
person as enjoyed by her in the shared household or to pay rent for the same, if the
circumstances so require:

Provided that no order under clause (b) shall be passed against any person who is a woman.
(2) The Magistrate may impose any additional conditions or pass any other direction which he
may deem reasonably necessary to protect or to provide for the safety of the aggrieved person
or any child of such aggrieved person.

(3) The Magistrate may require from the respondent to execute a bond, with or without
sureties, for preventing the commission of domestic violence.

(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the
Code of Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly.

(5) While passing an order under sub-section (1), sub-section (2) or sub-section (3), the court
may also pass an order directing the officer in charge of the nearest police station to give
protection to the aggrieved person or to assist her or the person making an application on her
behalf in the implementation of the order.

(6) While making an order under sub-section (1), the Magistrate may impose on the respondent
obligations relating to the discharge of rent and other payments, having regard to the financial
needs and resources of the parties.

(7) The Magistrate may direct the officer in-charge of the police station in whose jurisdiction
the Magistrate has been approached to assist in the implementation of the protection order.

(8) The Magistrate may direct the respondent to return to the possession of the aggrieved
person her stridhan or any other property or valuable security to which she is entitled to.

20. Monetary reliefs.

20. Monetary reliefs.-(1) While disposing of an application under sub-section (1) of section 12,
the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred
and losses suffered by the aggrieved person and any child of the aggrieved person as a result of
the domestic violence and such relief may include, but not limited to,-

(a) the loss of earnings;

(b) the medical expenses;

(c) the loss caused due to the destruction, damage or removal of any property from the control
of the aggrieved person; and

(d) the maintenance for the aggrieved person as well as her children, if any, including an order
under or in addition to an order of maintenance under section 125 of the Code of Criminal
Procedure, 1973 (2 of 1974) or any other law for the time being in force.

(2) The monetary relief granted under this section shall be adequate, fair and reasonable and
consistent with the standard of living to which the aggrieved person is accustomed.

(3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly
payments of maintenance, as the nature and circumstances of the case may require.
(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section
(1) to the parties to the application and to the in charge of the police station within the local
limits of whose jurisdiction the respondent resides.

(5) The respondent shall pay the monetary relief granted to the aggrieved person within the
period specified in the order under sub-section (1).

(6) Upon the failure on the part of the respondent to make payment in terms of the order under
sub-section (1), the Magistrate may direct the employer or a debtor of the respondent, to
directly pay to the aggrieved person or to deposit with the court a portion of the wages or
salaries or debt due to or accrued to the credit of the respondent, which amount may be
adjusted towards the monetary relief payable by the respondent.

21. Custody orders.

21. Custody orders.-Notwithstanding anything contained in any other law for the time being in
force, the Magistrate may, at any stage of hearing of the application for protection order or for
any other relief under this Act grant temporary custody of any child or children to the
aggrieved person or the person making an application on her behalf and specify, if necessary,
the arrangements for visit of such child or children by the respondent:

Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful
to the interests of the child or children, the Magistrate shall refuse to allow such visit.

22.Compensation orders.

22. Compensation orders.-In addition to other reliefs as may be granted under this Act, the
Magistrate may on an application being made by the aggrieved person, pass an order directing
the respondent to pay compensation and damages for the injuries, including mental torture and
emotional distress, caused by the acts of domestic violence committed by that respondent.

23.Power to grant interim and ex parte orders.

23. Power to grant interim and ex parte orders.-(1) In any proceeding before him under this
Act, the Magistrate may pass such interim order as he deems just and proper.

(2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is
committing, or has committed an act of domestic violence or that there is a likelihood that the
respondent may commit an act of domestic violence, he may grant an ex parte order on the
basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section
18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.

24.Court to give copies of order free of cost.

24. Court to give copies of order free of cost.-The Magistrate shall, in all cases where he has
passed any order under this Act, order that a copy of such order, shall be given free of cost, to
the parties to the application, the police officer in-charge of the police station in the jurisdiction
of which the Magistrate has been approached, and any service provider located within the local
limits of the jurisdiction of the court and if any service provider has registered a domestic
incident report, to that service provider.

25.Duration and alteration of orders.

25. Duration and alteration of orders.-(1) A protection order made under section 18 shall be in
force till the aggrieved person applies for discharge.

(2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent,
is satisfied that there is a change in the circumstances requiring alteration, modification or
revocation of any order made under this Act, he may, for reasons to be recorded in writing pass
such order, as he may deem appropriate.

26.Relief in other suits and legal proceedings.

26. Relief in other suits and legal proceedings.-(1) Any relief available under sections 18, 19,
20, 21 and 22 may also be sought in any legal proceeding, before a civil court, family court or
a criminal court, affecting the aggrieved person and the respondent whether such proceeding
was initiated before or after the commencement of this Act.

(2) Any relief referred to in sub-section (1) may be sought for in addition to and along with any
other relief that the aggrieved person may seek in such suit or legal proceeding before a civil or
criminal court.
(3) In case any relief has been obtained by the aggrieved person in any proceedings other than
a proceeding under this Act, she shall be bound to inform the Magistrate of the grant of such
relief.

27. Jurisdiction.

27. Jurisdiction.-(1) The court of Judicial Magistrate of the first class or the Metropolitan
Magistrate, as the case may be, within the local limits of which-

(a) the person aggrieved permanently or temporarily resides or carries on business or is


employed; or

(b) the respondent resides or carries on business or is employed; or


(c) the cause of action has arisen,

shall be the competent court to grant a protection order and other orders under this Act and to
try offences under this Act.

(2) Any order made under this Act shall be enforceable throughout India.

28.Procedure.

28. Procedure.-(1) Save as otherwise provided in this Act, all proceedings under sections 12,
18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of
the Code of Criminal Procedure, 1973 (2 of 1974).
(2) Nothing in sub-section (1) shall prevent the court from laying down its own procedure for
disposal of an application under section 12 or under sub-section (2) of section 23.

29. Appeal.

29. Appeal.-There shall lie an appeal to the Court of Session within thirty days from the date
on which the order made by the Magistrate is served on the aggrieved person or the respondent,
as the case may be, whichever is later.

CHAPTER V

MISCELLANEOUS

30.Protection Officers and members of service providers to be public servants.

30. Protection Officers and members of service providers to be public servants.-The Protection
Officers and members of service providers, while acting or purporting to act in pursuance of
any of the provisions of this Act or any rules or orders made thereunder shall be deemed to be
public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

31.Penalty for breach of protection order by respondent.


31. Penalty for breach of protection order by respondent.-(1) A breach of protection order, or
of an interim protection order, by the respondent shall be an offence under this Act and shall be
punishable with imprisonment of either description for a term which may extend to one year,
or with fine which may extend to twenty thousand rupees, or with both.

(2) The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who
had passed the order, the breach of which has been alleged to have been caused by the accused.

(3) While framing charges under sub-section (1), the Magistrate may also frame charges under
section 498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the
Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the
commission of an offence under those provisions.

32.Cognizance and proof.

32. Cognizance and proof.-(1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), the offence under sub-section (1) of section 31 shall be
cognizable and non-bailable.

(2) Upon the sole testimony of the aggrieved person, the court may conclude that an offence
under sub-section (1) of section 31 has been committed by the accused.

33.Penalty for not discharging duty by Protection Officer.

33. Penalty for not discharging duty by Protection Officer.-If any Protection Officer fails or
refuses to discharge his duties as directed by the Magistrate in the protection order without any
sufficient cause, he shall be punished with imprisonment of either description for a term which
may extend to one year, or with fine which may extend to twenty thousand rupees, or with
both.

34.Cognizance of offence committed by Protection Officer.

34. Cognizance of offence committed by Protection Officer.-No prosecution or other legal


proceeding shall lie against the Protection Officer unless a complaint is filed with the previous
sanction of the State Government or an officer authorised by it in this behalf.

35.Protection of action taken in good faith.

35. Protection of action taken in good faith.-No suit, prosecution or other legal proceeding shall
lie against the Protection Officer for any damage caused or likely to be caused by anything
which is in good faith done or intended to be done under this Act or any rule or order made
thereunder.

36. Act not in derogation of any other law.

36. Act not in derogation of any other law.-The provisions of this Act shall be in addition to,
and not in derogation of the provisions of any other law, for the time being in force.
37.Power of Central Government to make rules.

37. Power of Central Government to make rules.-(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.

----
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department

APPENDIX 1

CASE STUDIES OF SOME


AGGRIEVED WOMEN

K a r n a t a k a E v a l u a t i o n A u t h o r i t y |105
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
CASE STUDIES OF SELECTED VICTIMS

Name: Smt Shaila (Name Changed),


Location: G. Gedalli, Age:48
Education : 8th Std, Housewife,
Year: 2008 of registration of complaint
Type of: Case registered on her brother and mother for
Violence land property and supported by her husband.
Decision : Settled through Court by giving Monetary
Order.
Details
Smt Shaila (Name Changed) Age 48, resident of
G.Gedalli of Bangalore (U) of Anekal Taluk. She
married during 1998 and was living with her husband.
Her husband influenced her to get her share in her
parental property since she is eligible for such a share.
She also was interested in getting her share. When she
approached her widowed mother and her brother seeking
her share, they refused to part with her share. Hence she
registered a case with the Police against her brother and
mother to get her parental property share. After due
process beginning with counselling, a case was filed in
the court seeking her share in the property which was due
to her. After hearings the case was settled through court
in her favor. She was awarded monetary Compensation
in lieu of the share in land/property.
Name: Smt Kumari V N, (Name Changed)
Location: Madderu, Age:28
Education : P.U.C, Housewife,
Year: 2013
Type of: Physical and Mental Abuse by Husband
Violence
Decision: Settled through Protection order.

Details

106|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
Smt Kumari V N (Name Changed) Age 28, resident of
Madderu of Holalkere Taluk of Chitradurga District. She
was married during 2010 and was living with her
husband and in laws. Her husband was working in
Private Company and was addicted to heavy alcohol.
After a few months of marriage, he started regularly
physical and mental torture. She lodged a complained
against her husband with Protection Officer seeking
Protection under DV Act. The PO with the help of
Santwana Kendra tried to counsel her husband and
educate him on the repercussions of violence against his
wife. However, their efforts could not convince him.
After failure of repeated counselling’s, her case was
referred to the Judicial process. After hearing the case’,
she has been awarded Protection Order by the Magistrate.
Smt Kumari is now free from any threat from her
husband.
Name: Smt Chandravva C N , (Name Changed)
Location : Harage, Age:29
Education : 7th , Housewife,
Year : 2013-14
Type of : Physical, Mental Abuse and Suspicion by
Violence Husband on fidelity. Sent out of house.
Decision: Settled through Protection order.
Details
Smt Chandravva C N, (Name Changed), Age 29, resident
of Harage of Shivamogga Taluk & District was married
during 2005 and has a son and was living with her
husband. Her husband was working as Daily wages
labour. He was subjecting her to physical and mental
torture in addition to Suspecting her character and had
restricted her movement. She could not go out or talk to
her neighbours. When she resisted, she was checked out
by her husband. She was also harassed and threatened by
her husband not to approach either police or court. She

107|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
approached the Swadhar Kendra and narrated her story.
The Kendra tried persistently to convince her husband
and to arrive at negotiated settlement, but this case was
not settled through counselling. The aggrieved was
provided with shelter in Swadhar Kendra at Shivamogga.
This case was registered before Protection officer during
2013-14 and case was settled through Protection Order.
After protection order she was taken back by her
husband. The victim is leading life with her husband and
child.
Name: Smt Laxmi R, (Name Changed)
Location : H.D.Kote, Age:56
Education : 10th standard and , Self-employed,
Year : 2012
Type of: Physical, Mental Abuse by Son and Daughter in
Violence law for house property
Decision: Settled through Protection order.
Details
Smt Laxmi R, (Name Changed), Age 56, resident of
H.D.Kote of Mysuru District. She was married during
1987 .She lost her husband and was living with her son
and daughter in law. Her Son and his wife (daughter in
law) started giving physical and mental torture in respect
of ancestral property. She registered a complaint against
her son and daughter in law with the PO. The PO with
the support of NGO tried to resolve the problem through
mutual and Negotiated settlement but the case was not
settled. She Registered case before Protection officer
during 2012 and case was settled through Protection
Order. The son and daughter in law were warned of the
repercussions of violence on her mother. They have now
reconciled with their mother and she is safe and happy
now.

108|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
Name: Smt Paravti M M , (Name Changed)
Location: Madikeri, Age:38
Education : S.S.L.C , Housewife,
Year: 2015
Type of: Mental harassment and Suspicion
Violence by Husband and Husband’s brother’s wife.
Decision: Settled through Ex-Parte order.
Details
Smt Paravati M M, (Name Changed), Age 38, resident of
Dechur, Madikeri. Was Married during 2004, and was
living with her husband, mother in law and her husband’s
brother. It is a joint family. Her Husband started having
suspicion, about her character and always doubted
whenever she talked with neighbours. The victim
approached the local PDO with a complaint against her
brother in law and her own husband who were torturing
her mentally and had suspicious about her character. The
opposite party was called to the office and efforts were
made through Counselling but case was not settled. After
following due process under the ACT, an Ex-Parte order
was passed by the court. The Victim does not want to
live with her husband’s joint family and wants to live
separately and was seeking financial support.
Name: Smt Chaya (Name Changed) ,
Location: Kadur, Age:30
Education : Illiterate , Housewife,
Year: 2012
Type of: Second Marriage by Husband
Violence
Decision: Settled through Monetary order.
Details
Smt Chaya, (Name Changed), Age 30, resident of Kadur
was married during 2009 and was living with her
husband. But her husband married another woman in
spite of having the victim living with him. She

109|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
approached the PO seeking help. The PO with the help of
local Santwana Kendra, tried for Reconciliation between
the parties but the case was not settled. So a case was
registered against the husband in the court seeking for
monetary assistance from her husband Her husband
agreed to pay relief to the victim and thus the case was
settled. The aggrieved woman is now leading an
independent life.
Name: Smt Suma V M, (Name Changed)
Location: Jigalur, Age:24
Education : P.U.C , Self Employed,
Year: 2011
Type of : Mental torture Second Marriage by Husband
Violence
Decision: Settled through Monetary order.
Details
Smt Suma V M, (Name Changed), Age 24, resident of
Jigalur, Kundagol Taluk, Dharwad District was married
during 2010. She was living with her husband. Her
husband started inflicting Physical and Mental torture
and causing harassment. He also had married second
women. The woman aggrieved approached PO for help.
The PO tried to reconcile the situation but this could not
be done with the other party not responding positively.
Hence, a case registered against the husband with the
help of Protection Officer and Santwana Kendra. Case
was settled through monetary order. Women Victim
Demanded for Life-time Pension (alimony) which was
agreed to by her husband.
Name: Smt Manjuladevi (Name Changed) ,
Location: Vijaypura, Age:32
Education : B.Sc (Agri) , Service,
Year : 2013
Type of : Husband in Multiple relationship, Physical
Violence abuse by Father in law, Mother in law and

110|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
Sister in law
Decision: Settled through Ex-Parte order.
Details
Smt Manjuladevi (Name Changed), Age 32, resident of
Vijaypura District was married during 2011 is a B.Sc
Graduate and a working woman. Her Husband was
indulging in multiple relations with other women. He and
his family members were inflicting, physical torture. A
case was registered with the PO. The PO made repeated
efforts through counselling but the case could not be
resolved. Hence, a case was registered against the
husband and his family with the help of Protection
Officer. Case was settled through Ex-parte decision
Name: Smt Mamtaz H (Name Changed) ,
Location: Mundagod, Age:42
Education : S.S.L.C, Housewife
Year: 2013
Type of: Dowry Harassment by Husband
Violence
Decision: Case settled through Jamayat, Suleman and
Santwana including Police Station
Details
Smt Mamtaz H (Name Changed), Age 42, resident of
Mundagod, Uttar Kannada District was married during
2002. Husband is working in local wood industry. He and
his family members were forcing her to bring ore dowry
money from her parents and were harassing her
continuously. She registered a case against her husband
in Police Station due to Dowry Harassment by husband.
Her case was referred to the PO and local Sant4wana
Kendra Mundagod. However her case was settled
through intervention and counselling by the local
Jamayat (Community) Suleman. The woman is free from
any torture now.

111|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
Name: Raziya K, (Name Changed)
Location: Jamaga, Age:48
Education : 7th , Housewife
Year : 2009
Type of: Physical Violence under influence of liquor.
Violence
Decision : Settled through Counselling
Details
Smt Raziya K (Name Changed), Age 48, resident of
Jamga Kalburgi district was married during 2002. Her
husband is working in local industry. He is an addicted
drinker and was inflicting physical torture to the victim.
She took help of protection officer and Santwana Kendra
to resolve the problem. The PO and Santwana Kendras
counselled both sides and with their effort to the case was
closed and settled. Now they are living happily.
Name: Smt Laxmi G, (Name Changed)
Location: Shahpur, Age:29
Education : P.U.C, Housewife
Year : 2011
Type of : Physical and Emotional Abuse
Violence
Decision : Settled through Protection Order
Details
Smt Laxmi G, (Name Changed), Age 29, resident of
Shahpur Taluk, Yadgiri District was married during
2007. Her husband was subjecting her to physical
violence and emotional harassment .He also had a
marriage with a second woman. The victim registered a
complaint against her husband, with the PO concerned.
The PO along with Santwana Kendra tried to counsel the
parties and reconcile with the situation. But the case was
not settled. So case was registered against the husband
with the help of Protection Officer and Santwana Kendra.
Case was settled through monetary order. Women Victim

112|K a r n a t a k a E v a l u a t i o n A u t h o r i t y
Evaluation of Protection of Women from Domestic Violence Act 2005 Rules 2006 in Karnataka
Implemented by Women & Child Development Department
Demanded for Life time Pension.
Name: Smt Narmada R (Name Changed) ,
Location: Hospete, Age:30
Education : B.A., Self Employed
Year : 2015
Type of: Physical Abuse by Husband
Violence
Decision: Settled through Counselling, DIR is filed.
Details
Smt Narmada R (Name Changed), Age 32, resident of
Bellary District was married during 2012. She is a
Qualified and working woman. Her husband used to
inflict physical and mental torture and demanded money
from her salary. A case was registered against him with
the PO concerned. The PO and Santwana Kendra initially
tried for repeated counselling. Finally the case was
settled and DIR is filed.

Note: The photographs are published only with the consent of aggrieved women

113|K a r n a t a k a E v a l u a t i o n A u t h o r i t y

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