Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from...

8/10/2019 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Viole

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RESOURCE TOOLfor Monitoring and Evaluating the Implementation of the

Protection of Women from Domestic Violence Act, 2005


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2013 Lawyers Collective63/2 Masjid Road; Jangpura; New Delhi 110014www.lawyerscollective.org

Design, Layout and Printing : New Concept Information System Pvt. Ltd.


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Resource Tool for Monitoring and Evaluating theImplementation of the Protection of Women from

Domestic Violence Act, 2005

Lawyers Collective(Womens Rights Initiative)

Supported by:United Nations Trust Fund on

Violence Against Women

January 2013

New Delhi


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iii

Acknowledgements v Preface vi

Chapter 1Introduction 1

Chapter 2Implementing the PWDVA 7

Chapter 3Framework for Monitoring the PWDVA 15

Chapter 4Evaluation Framework on Implementing the PWDVA 29

Acronyms and glossary 47

Resources 49

Table of Contents

Table of Contents


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iv Resource Tool for Monitoring and Evaluating the Implementationof the Protection of Women from Domestic Violence Act, 2005

I would like to congratulate the National Mission for Empowerment of Women (NMEW) and theLawyers Collective Womens Rights Initiative (LCWRI) for their unique efforts in monitoringthe implementation of the Protection of Women from Domestic Violence Act, 2005 (PWDVA) inall states in the country. It is laudable that LCWRI has been conducting this exercise for thelast six years.

The right to live with dignity is a constitutionally guaranteed and protected right. In additionto this, it is a fundamental right and fundamental freedom guaranteed under CEDAW. In fact,CEDAW has mandated to eliminate all kinds of violations against women and also to monitorimplementation of all laws for women. On 26th October 2006, the PWDVA was brought intoforce by the efforts of the Ministry of Women and Child Development, Government of Indiaand was a culmination of the aspirations of countless women activists, NGOs ad lawyers,This Act gives comprehensive and effective civil remedies with criminal procedures to ensureeffective protection and relief to the victims of domestic violence. However the Act is notthe end of the journey but the beginning. It is necessary to not only bring about progressivenew laws but also ensure their implementation to serve both the letter and the spirit of thelaw. Hence, it is necessary to continually monitor the law and evaluate its effectiveness withregard to its actual impact on women.

To strengthen the implementation of the PWDVA, NMEW and LCWRI are bringing out thisresource tool for monitoring and evaluating the implementation of the PWDVA. This usefuland informative tool would not only help the stakeholders facilitate the implementationprocess but also help us institutionalize the whole process of monitoring and evaluation ofthe PWDVA. Overall, it would effectively protect the human rights and freedom of all womenand bring transformation to countless lives.

I hope this unique tool will inspire all stakeholders at the central and state level to increaseand consolidate their actions for effective implementation of the PWDVA. It is my hope thatthis tool would result in more proactive action and participation by the State Governmentsand that it can serve as a guideline for implementing agencies for better enforcement of

the law. I acknowledge the untiring efforts rendered by the NMEW, LCWRI, and UN Womenwho coordinated this process and conducted empirical research and state visits to aid thecompletion of this task and exhort them to continue the good work and hope that suchinitiatives are given cooperation and support by all stakeholders and government agencies.

Krishna TirathMinister of State (Independant Charge)Ministry of Women & Child Development

Foreword


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v

This compilation puts together lessons learnt from Lawyers Collective,Womens Rights Initiatives (LCWRI) ve-year long initiative (2007-2011) ofannually monitoring and evaluating the implementation of the Protectionof Women from Domestic Violence Act, 2005 (M&E initiative). The LCWRIwould like to acknowledge the invaluable contribution of partners andcollaborating agencies over the years- this endeavor would not have beenpossible without their support.

At the Lawyers Collective, Asmita Basu compiled this resource tool underMs. Indira Jaisings guidance and with research assistance received fromPhilarisa Nongipur, Mangla Verma, Gayatri Sharma and Gurmit Tandon.Mayuri Singh, Prabhat Gautam, Afreen Siddiqui, Usha Varma, Liyi Marli Noshiand C.P. Nautiyal deserve special mention for providing research inputs andadministrative support.

The LCWRI is deeply grateful to Dr. Surinder Jaswal (Tata Institute ofSocial Sciences) and Padma Deosthale (CEHAT (Mumbai)) for reviewing thecompilation and providing expert comments.

Acknowledgement for providing expert inputs is also due to the UN WomenSouth Asia team, particularly Gitanjali Singh, Brototi Dutta, Shreyasi Jhaand Bhumika Jhamb.

UN Women South Asia has provided continuing support to LCWRIs M&Einitiative from its very inception. Special thanks in this regard are due toAnne F. Stenhammer, Sushma Kapoor and Gitanjali Singh. This compilationhas been prepared with funds received from the UN Trust to End ViolenceAgainst Women.

LCWRI would also like to thank Shreya Singhal and Mehak Sethi foroverseeing aspects of design and publication; and New Concept InformationSystems for designing and printing.

Acknowledgements

Acknowledgements


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vi Resource Tool for Monitoring and Evaluating the Implementationof the Protection of Women from Domestic Violence Act, 2005

Years of representing victim/survivors of domestic violence in courts andthe accumulated experience of case work by womens groups made it clearthat domestic violence was a problem without a name and without a law.Violence within the home was considered a family law issueinvolvingmatters of marriage and divorce only. The law addressed how to getmarried and how to get divorced but not what happened between marriageand divorce. This meant that the issue of violence against women in thematrimonial home could only be addressed in the context of divorce.

From 1984 onwards, these issues came to be addressed by criminal law,when Section 498A was added to the Indian Penal Code, making cruelty bya husband and his family members towards his wife, an offence. However,this proved to be an inadequate remedy, as it worked more on the basis ofthe fear of arrest, rather than on the basis of the rights of women. Althoughdomestic violence was invariably accompanied by dispossession from thematrimonial home, there was no statutory recognition of the right to residein the matrimonial home. Courts were not empowered to grant protectionorders. Section 498As protective ambit did not extend to dependent femalefamily members not in matrimonial relationships. Only physical violence

was considered to be domestic violence, and that too, only when associatedwith the giving and taking of dowry. There was no law, which enabled thegrant of reliefs or restoration to the matrimonial home, or protection fromdomestic violence.

It was in this context that the idea of the Protection of Women fromDomestic Violence Act (PWDVA) was born. This is all history, thoughonly recent history, it has been no more than 6 years since the law hasbeen passed.

The PWDVA recognizes that victim/survivors not only need a law, whichprotects them from violence, but also need the means with which toactivate the law and use it. This is how the idea of Protection Ofcers,who a victim/survivor contemplating legal action could approach, wasconceptualized. Protection Ofcers have a substantial pre-litigation role,facilitating victim/survivors approach to a court of law-- recording aDomestic Incident Report, informing a woman of her rights under the lawand facilitating her access to required support services.

Preface


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Preface vii

Protection Ofcers also have an important role in court. Once again, inrecognition of the unequal relationship between the victim/survivor andthe perpetrator of violence, the Protection Ofcer is not meant be a passiveplayer, but must be pro-active in collecting the missing evidence required toestablish a case. A simple example will sufce to prove the point-- victim/

survivors, in most cases; do not have access to the nancial dealings oftheir partners. This may result in courts denying reliefs (e.g. maintenance)for want of evidence, as the burden is on the victim/survivor to provethe case. The PWDVA lessens this burden by empowering courts to directProtection Ofcers to collect evidence on the basis of which relief can begranted. Hence, the PWDVA makes a major breakthrough from the adversarialsystem of court proceedings to a more inquisitorial one, where the judge hasa major proactive role in fullling the object of the law.

Another major breakthrough made by the PWDVA is the inclusion ofmultiple service providers in its implementation. By including multipleservice providers, the PWDVA recognizes victim/survivors need for supportservices, particularly while pursuing legal remedies, and paves the wayfor coordinated multi-agency responses. It also provides victim/survivorsmultiple avenues to access the law, as most service providers are empoweredto ofcially record complaints of domestic violence. Service providers, whoseroles are recognized under the PWDVA include NGOs providing services towomen who are registered as Service Providers; and medical facilities andshelter homes, which are notied under PWDVA.

Finally, another signicant jurisprudential contribution of the PWDVA is

that it uses a judicious mix of civil and criminal procedural law to ensurethat protective orders are expeditiously obtained and effectively enforced.Hence applications for reliefs under the PWDVA lie to Magistrates, who arepart of the criminal justice system. They are empowered to grant injunctionsof a civil nature, which they are not otherwise entitled to do in criminal

jurisdiction. This means that other members of the criminal justice systemare also implicated in the implementation of the PWDVA, such as lawyers,legal service providers and the police. The role of the police, though limited,is specically recognized under the PWDVA, as they are required to informvictim/survivors of their rights and assist courts in enforcing their orders.

Protection Ofcers, service providers, the police, courts and lawyers,together constitute the infrastructure required to give effect to theobjectives of the PWDVA and the means for victim/survivors to activatethe law.

When the PWDVA was drafted, it contained a provision that mandatedthe State to monitor its implementation and produce annual reports. Thisprovision was dropped from the draft before it was passed. We realized,


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viii Resource Tool for Monitoring and Evaluating the Implementationof the Protection of Women from Domestic Violence Act, 2005

therefore, that the task of monitoring which should be of the State, wouldfall on our shoulders, if the law had to have any meaning at all. The ideaof monitoring the PWDVA came with the knowledge that this was a new lawwith revolutionary concepts, which would require to be monitored in therst few years to help set precedents and standards. It would also allow for

an assessment of practices to guard against wrong practices that would thenbecome the norm and begin to appear normal.

LCWRIs focused work on the issue of domestic violence began with a grantfrom the Ford Foundation. The process of monitoring and evaluating PWDVAimplementation keeping as it does with the human rights standard of duediligence-- was supported from its very conception by the UN Women (SouthAsia ofce) and subsequently funded by the UN Trust Fund on ViolenceAgainst Women. Surveys on Knowledge, Attitude and Practice, which formpart of the last three years (2009-2011) annual Monitoring and EvaluationReports, were done in collaboration with the International Center forResearch on Women (ICRW).

Six years of monitoring the implementation of the PWDVA, has shown thatthere will always be limitations to a process conducted by an NGO suchas ours. First, the State is the only source of authentic information oninfrastructure. Hence data collection for an NGO is a major concern dueto the lack of easy access to documents and services. Second, the lack ofconvergence within the government itself-- between the Ministries of lawand justice, home, women and children development, etc. -- is anothersignicant issue, almost impossible to overcome.

On the other hand, the advantage that an NGO has in undertaking a processsuch as this is that it can independently assess government and judicialpractices and hold the State accountable to its statutory goals. We havedealt with our challenges and opportunities and the results can be found inthe six annual monitoring and evaluation reports from 2007 to 2012.

So what does the future hold? Given the trend in governance in the country,monitoring the implementation of law must become a function of the State,while evaluating or assessing monitoring measures must be the functionof its autonomous bodies such as the National Commission for Women. For

instance, in the case of primary education, the Right to Primary EducationAct, 2009 appoints the National Commission for Protection of Child Rightsto monitor compliance with statutory objectives.

Another factor critical to the success of the PWDVA, is the attitude of judges into whose hands the law is entrusted-- they can either chose tointerpret the law in a manner that outlaws all violence against women, orremain in the patriarchal mould-- a clear choice, which must be evaluatedby reading and understanding orders and judgments of the court. Hencefor a comprehensive monitoring and evaluation exercise, it is essential not


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Preface ix

only to monitor administrative measures taken for implementation, but alsoassess its outcomes by examining court orders and judgments.

Implementation in letter and spirit is critical to making a difference inthe lives of victim/survivors. The danger of backlashes and settling into

old patterns of thinking forties patriarchy, which is ever present. Eternalvigilance is required to defend a life free from violence, and that is thesignicance of monitoring and evaluation-- it is a tool of accountability.Unlike other forms of enquiry, an enquiry into the functioning of law isrelatively straightforward. The law functions through a paper trail andthere is no scope for changing what has been put in print. This enablesdocumentation, which is required when it comes to monitoring a law.Evaluation is reading the meaning of what the paper trail is telling you. It isonly through regular monitoring and evaluation that the goal of realizing awomans right to a violence free home can be achieved.

As our project period comes to a close, we also close and complete afull circle, from campaigning to legislation to monitoring/evaluatingimplementation. Yet we know the circle never closes, only grows largerto incorporate new experiences, hopes and aspirations of the affectedcommunity. We have labored all these years in the hope that we will leavethe lives of affected women a little better, more livable, and the world abetter a place. Our work is dedicated to survivors of domestic violence, whoinspired the work to begin with.

Indira JaisingDirector

Lawyers Collective (Womens Rights Initiative)


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1Introduction

Background

International law denes violence against women (VAW) as gender-basedviolence, which is disproportionately directed against women because sheis a woman or affects women disproportionately. VAW is, therefore, both acause and consequence of womens subordinate position vis--vis men. It isrecognized as a violation of womens human rights and as constituting animpediment to the realization of equality, development and peace. Domesticviolence is the most insidious form of VAW, faced by women of all ageswithin family relationships. The root cause of domestic violence is unequalgender relations, which is often exacerbated by economic, social and culturalfactors. Addressing VAW entails tackling the root causes of the problem fromthe home to the transnational arena.

International law mandates that States take steps to eliminate all formsof discrimination against women and to exercise due diligence to preventthe violation of their rights. The due diligence standard requires States totake positive action to prevent and protect women from violence, punishperpetrators and compensate victims of violence. (See Box 1) In order tocomply with this standard, States must inter alia enact, implement andmonitor legislation on VAW.

It is internationally recommended that VAW legislation must be

comprehensive and multi-disciplinary, encompassing aspects ofcriminalization, prevention, protection, survivor empowerment and support.However, enacting legislation is only a rst step in combating VAW, it is alsoessential that laws are implemented effectively. In order to ensure effectiveimplementation, legislation should be accompanied by a comprehensivepolicy framework, which includes a national action plan or strategyfor implementation; as well as provisions for training and sensitizingimplementing agencies, creating public awareness, promoting coordinationand multi-agency responses and budgetary allocations.

Introduction

Chapter 1


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2 Resource Tool for Monitoring and Evaluating the Implementationof the Protection of Women from Domestic Violence Act, 2005

Monitoring and evaluating implementation

A signicant aspect for ensuring effective implementation is the regularmonitoring of laws to assess government compliance with statutoryobjectives and to track the progress of such laws in addressing VAW. Regularmonitoring also serves to assess whether further law or policy reform isrequired, to discern unintended consequences of law, reveal the need forcapacity development and training for implementing agencies and the needfor coordinated responses.

Monitoring of laws is the process of tracking implementation of laws andprogress towards meeting statutory goals. Monitoring focuses on processes- such as measures taken to give effect to statutory obligations, includingactivities undertaken, who delivers them and how many people they reach.Monitoring must be conducted by those vested with the responsibility ofimplementing the law.

To assess progress made in attaining statutory goals, it is essential thatmonitoring of the law be complemented by systematic evaluation ofimplementation measures. Evaluation brings together monitoring dataand ndings from additional research to assess the relevance, efciency,effectiveness, impact and sustainability of implementation measuresundertaken. While monitoring is an on-going process, evaluations aremore time bound interventions, conducted at particular moments, and byindependent agencies. Monitoring and evaluation done together, allowimplementing agencies to track and assess the effectiveness and impact ofimplementation measures undertaken.

Checklist for Determining State Compliance with Due DiligenceObligations

1. Ratication of international human rights instruments

2. Constitutional guarantees on equality for women3. Existence of national legislation and/or administrative sanctions

providing adequate redress to women victims of violence

4. Policies or plans of action that deal with the issue of VAW

5. Gender sensitivity of the criminal justice system and the police

6. Accessibility and availability of support services

7. Existence of measures to raise awareness and modify discriminatorypolicies in the eld of education and media

8. Collection of data and statistics on VAW

Report of the UN Special Rapportuer Radhika Coomaraswamy, 1999; E/CN.4/1999/68

Box 1


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3Introduction

Practices in monitoring the implementation of laws

The basic point of reference for monitoring implementation is the statuteitself, which outlines duties of the State. However, modern legislativeapproaches give options to implementing agencies of the State to adopt

practices that suit local imperatives. This may result in diverse implementingpractices. It is therefore, necessary to map these practices as they emergethrough monitoring and guard against practices that defeat the spirit of thelaw and statutory goals.

In some countries, laws on violence against women contain specicprovisions mandating regular monitoring either by implementing agenciesthemselves or by creating special agencies to monitor implementation.For instance, the Philippines Anti-Violence Against Women and theirChildren Act, 2004 establishes the Inter-Agency Council on ViolenceAgainst Women. Constituted with representatives from different governmentdepartments, this agency monitors initiatives taken to address VAW. Similarlythe Spanish Organic Act on Integrated Protection Measures against GenderViolence, 2004 establishes a Special Government Delegation on VAW and aState Observatory on VAW to inter alia supervise the implementation of lawsand prepare annual reports.

In other countries, monitoring of laws is conducted under national actionplans or strategies that examine all aspects of law implementation, servicedelivery, awareness creation, etc. Some countries prepare action plans togive effect to specic legislation on VAW. To illustrate Sri Lankas Plan of

Action Supporting the Prevention of Domestic Violence Act (2007) coversvarious aspects of training and capacity building, creating awareness,coordination and collaboration, record maintenance; as well as monitoringthe implementation of the law.

Although, India has one of the highest numbers of laws on womensrights, there have been limited attempts at monitoring and evaluating theimplementation of such laws. There have, however, been some individualstudies assessing the impact of laws, which have mostly been conducted bycivil society or research organizations. Relevant to the context of VAW is theLawyers Collectives six-year long initiative to monitor the implementation

of the Protection of Women from Domestic Violence Act, 2005 (PWDVA)(2007-2012).

The Lawyers Collective (Womens Rights Initiative) (LCWRI), which playeda signicant role in drafting the PWDVA in consultation with womensgroups from across the country, commenced its monitoring activities in2007-- a year after the PWDVA was brought into effect. Data for monitoringimplementation was compiled from nodal agencies of state governments,by interviewing implementing agencies and surveying Knowledge, Attitude


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and Practices (KAP)(KAP Surveys were conducted in collaboration withthe International Center for Research on Women). Additionally, the LCWRIcollected and analyzed court orders granted under the PWDVA and decisionsof the higher judiciary to assess how the PWDVA is being enforced andinterpreted by courts.

How to use this resource tool

This compilation draws on LCWRIs experience of monitoring the PWDVA overthe last ve years (2007-2011) to provide a

Monitoring Framework (Chapter 4) including a Monitoring Tool,which can be used by the nodal agency of the Central Governmentto monitor measures taken by State Governments to comply withobligations under the PWDVA. The Monitoring Tool may also be used byState Governments to compile and present information collected from

implementing and enforcement agencies. Details on how to use thistool is provided in Chapter 3.

Evaluation Framework (Chapter 5) lists key and sub questions forassessing relevance, effectiveness, efciency, impact and sustainabilityof measures taken to implement the PWDVA. The framework alsosets out criteria for judgment and methods for collecting data toanswer key and sub questions. This framework can be used by entitiescommissioned to conduct evaluations or independent authoritiesseeking to assess implementation measures taken under the PWDVA. Itcan also be used by implementing agencies to contextualize and assessdata collected using the Monitoring Tool and through other sources.

To set the context for the Monitoring Tool and Evaluation Framework,Chapter 2 provides a brief overview of PWDVA, its objectives andimplementation mandates.

Terms used in the Monitoring and Evaluation Frameworks are explained underthe section Acronyms and Glossary.

This compilation has been prepared with for the specic purpose of guidingmonitoring and evaluation exercises. However, users may also consultLCWRIs range of other publications on the PWDVA and resources mentionedin the last section on Resources.

Compilations of this scope require to be regularly updated in light of legaland other developments. It is therefore, suggested that persons conductingsuch exercises keep abreast of case law evolved by the higher judiciary,as well as guidelines/protocols/instructions/orders issued by supervisingauthorities and other implementing agencies.


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5Introduction

Ethical issues while monitoring and evaluating theimplementation of the PWDVA

In fact the major source of information for monitoring the PWDVA is thedocumentation maintained by various implementing agencies. The majoradvantage of tracking legislative implementation is that there is a body ofexisting documentation, which can be compiled for review.

Documentation that shall be reviewed while monitoring and evaluating thePWDVA are most likely to be in the public domain, such as activity registers,reports prepared by PWDVA agencies, court orders and documentation ofcourt proceedings, etc. However, it is essential that strict condentialitybe maintained over the identity of victim/survivors at all times so thatthe safety and privacy of victim/survivors is not compromised or affectedadversely.


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7Implementing the PWDVA

Since monitoring and evaluating is aimed at assessing the implementationof a law it is important to rst accurately identify the objectives of the

law and the mechanisms and procedures prescribed therein to meet theseobjectives. The second step is to identify and examine administrativesteps taken to give effect to the law, such as policy directives and actionplans/strategies, budgetary allocations, protocols issued by implementingagencies, etc. The third step is to examine orders granted by courts toexamine the outcomes of implementation measures undertaken.

This chapter undertakes these three steps to set the context for theMonitoring and Evaluation Frameworks provided in the subsequent chapters.

PWDVAIn India, prior to 2005, domestic violence was addressed primarily undercriminal law, namely Section 498A of the Indian Penal Code. However, due toits limited scope and coverage and the lack of civil remedies, the Protectionof Women from Domestic Violence Act, 2005 (PWDVA) was enacted torecognize womens rights to civil reliefs in situations of domestic violenceand to recognize womens right to reside in the shared household. ThePWDVA denes domestic violence in a comprehensive manner and covers allwomen in domestic relationships living in a shared household.

Orders available to victim/survivors of domestic violence under the PWDVAinclude:

Protection orders civil injunctive orders to stop and prevent acts ofdomestic violence, as well as acts adversely affecting legitimate rightsand interests of victim/survivors.

Residence orders - to prevent victim/survivors illegal dispossessionand prevent any acts that impact on her peaceful occupation of theshared household.

Orders for monetary reliefs - to reimburse actual expenses incurred duedomestic violence (e.g. medical expenses, loss of earnings) as well asmaintenance.

Implementing the PWDVA

Chapter 2


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Orders granting temporary custody of children.

Compensation orders for mental trauma and emotional distresscaused to the victim/survivor as a result of acts of domestic violence.

By empowering courts to grant these orders, the PWDVA attempts to buildmore equal relationships within the home. It can be used in addition toother civil laws (e.g. family laws) and criminal laws (e.g. Section 498A ofthe IPC on cruelty within marriages), thus reducing multiplicity of forums,while simultaneously providing multiple avenues for victim/survivors to seeklegal redress.

As the PWDVA recognizes domestic violence as a violation of womens humanrights, it provides for a mechanism or infrastructure to facilitate womensaccess to justice and support services. The nodal agency of the StateGovernment (e.g. the Department of Women and Child Development or the

Department of Social Welfare) is vested with the responsibility of putting inplace the mechanism under the PWDVA.

Although the law is primarily civil in nature, applications for reliefs primarilylies with Magistrates of criminal courts. Hence, the criminal justice system,including criminal courts, lawyers and the police are implicated in theenforcement and implementation of the PWDVA.

PWDVA Agencies

Infrastructure under the PWDVA is constituted by the following entities,collectively referred to as the PWDVA agencies:

Protection Ofcers- the key implementing agency under the PWDVA.They are appointed to receive complaints from victim/survivors andrecord Domestic Incident Reports (DIR); provide information onavailable legal rights and remedies; and facilitate victim/survivorsaccess to justice and support services. Additionally, the ProtectionOfcer is also required to assist the court in serving notices, collectingevidence, and enforcing orders. They are also required to coordinatebetween other PWDVA agencies.

Service Providers- in recognition of the pivotal role-played by womensorganizations and womens NGOs, Section 10 of the PWDVA allows forthe registration of voluntary organizations or companies as ServiceProviders. Organizations that can be registered are those providingservices to women, such as counseling, shelter, medical aid, legalaid, nancial support, etc. Service Providers are required to provideassistance to victim/survivors by recording DIRs, and facilitating theiraccess to other support services, e.g. medical aid and shelter. ThePWDVA protects actions taken in good faith by Service Providers.

Medical Facilities- the PWDVA empowers State Governments to notifymedical facilities. Once notied, Medical Facilities are authorized torecord DIRs and are duty bound to provide services victim/survivors.


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MF SH PO SP Police

Victim

Lawyer

Nodal Department

Magistrate

Shelter Homes- akin to medical facilities, State Governments are alsorequired to notify Shelter Homes. Once notied, shelter homes cannotrefuse to provide services to victim/survivors.

Police- although the police have a limited role in the implementationof the PWDVA, they are duty bound to provide information on availablerights and remedies, facilitate victims/survivors access to ProtectionOfcers, initiate criminal proceedings when appropriate, and act on thedirections of the court to assist in the enforcement of orders or provideassistance to Protection Ofcers and Service Providers.

Lawyers and Legal Service Providers- provide legal representation incourt to victim/survivors ling applications under the PWDVA.

Magistrates- applications under the PWDVA are primarily led beforeMagistrates. Magistrates are empowered to grant orders under thePWDVA and order the police and Protection Ofcers to collect evidenceand assist in the enforcement of orders. Magistrates may also refercases for counseling to Service Providers during the course of legalproceedings.

Additionally, the nodal agency of the Central and State Governments havethe responsibility of ensuring that adequate infrastructure is providedto Protection Ofcers, ensure effective coordination, prepare protocolsfor service delivery, provide periodic trainings to PWDVA agencies, createawareness on the law, and allocate funds for implementation.

Box 2


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The organogram in Box 2 shows the manner in which PWDVA agencies arerequired to function.

As depicted in the organogram, a victim may approach one or moreagencies to access assistance under the PWDVA. Equally, in recognition of

the fact that victim/survivors of domestic violence require more than legalaid to support them during litigation, the law enables the creation of acoordinated multi-agency service delivery system for victim/survivors.

Methods of implementation under the PWDVA

Duties of PWDVA agencies arise at different stages, which may becategorized as follows:

Putting in place infrastructure under the PWDVA- As mentionedearlier, the State Governments are required to establish the

infrastructure under the PWDVA. This is to be done by appointingProtection Ofcers, registering Service Providers and notifyingShelter Homes and Medical Facilities. To ensure effective functioningand coordination between PWDVA agencies, the nodal agenciesare required to provide trainings and develop protocols to ensurecoordinated service delivery.

Pre-litigation stage - A complaint of domestic violence may be receivedby Protection Ofcers, Service Providers, Medical Facilities and thepolice. Protection Ofcers, Service Providers and Medical Facilities areempowered to record DIRs. PWDVA agencies are required to provideinformation to the victim/survivor of her rights and remedies andfacilitate her access to support services (e.g. shelter, medical aid,counseling, legal aid). They are also required to assist victim/survivorsle applications under the PWDVA in courts against respondents orpersons alleged to have committed domestic violence.

Litigation stage - Once an application is led before the Magistrate, he/ she can order Protection Ofcers to make enquiries, conduct home visitsand serve notices. Magistrates may also refer matters for counseling,as per the procedure laid down in Rule 14 of the Protection of Womenfrom Domestic Violence Rules (PWDVR). Magistrates may order the policeor Service Providers to assist Protection Ofcers or provide assistance

directly to court. The litigation stage ends with either the grant orrejection of orders applied for by the victim/survivor.

Enforcement stage - After an order has been granted by courts,Protection Ofcers and the police may be directed to ensure thatsuch orders are enforced. Applications for alteration or modicationof court orders may be led by either of the parties (victim/survivorsand respondents). Victim/survivors may also apply for discharging theorder granted. Both parties are allowed to le appeals against ordersgranted. Breach of court orders is a punishable offence. In cases ofbreach, victim/survivors may initiate criminal proceedings against the

respondent.


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Key questions for monitoring and evaluating theimplementation of the PWDVA

Monitoring and evaluating the implementation of the PWDVA requires anenquiry into the extent to which objectives of the law are being met with.

The objectives of the law may be summarized as follows: To recognize domestic violence as a violation of womens human rights

and not merely as a matter of a family dispute.

To put in place an infrastructure that facilitates womens access totimely court orders as provided under the PWDVA and to ensure thatcourt orders are enforced.

To put in place an enabling environment by making provision fora range of support services, which are easily accessible to victim/ survivors and are delivered in a coordinated and efcient manner.

To avoid multiplicity of forums. To create awareness on the law and build capacity of implementing

agencies to respond to victim/survivors of domestic violence in agender sensitive and effective manner.

In keeping with the objectives of the PWDVA and State duties prescribed,information on monitoring the PWDVA must be collected under the followingcategories or Monitoring Focus:

1. Infrastructure established under the PWDVA.

2. Nature of ofce assistance and support provided to Protection Ofcersand other PWDVA agencies to perform their duties under the PWDVA.

International Principles on Effective Implementation of Laws onDomestic Violence

Zero tolerance of domestic violence

Legal provisions to protect women, including provisions on reliefsand remedies

Provisions facilitating access to justice and support services

Implementation of laws in a manner that gives effect to womensagency

Effective implementation measures including links with actionplans/strategies/policies, adequate budgetary allocations,preparation of protocols, provisions for training and capacitydevelopment of enforcement agencies

Measures for prevention including awareness creation, publicity

campaigns, etc.

Adapted from the UN Handbook on Legislative Approaches to VAW

Box 3


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3. Functioning of Protection Ofcers.

4. Methods of coordination between implementing agencies and servicedelivery mechanisms.

5. Methods of record keeping by PWDVA agencies, of activities conductedunder the PWDVA.

6. Trainings and capacity development.

7. Publicity and awareness creation.

8. Allocation of funds for the implementation of the PWDVA.

For the purposes of assessing or evaluating compliance with PWDVAsobjectives and State obligations, the following key questions requireexamination:

1. To what extent has the PWDVA enabled the recognition of domestic

violence as a violation of womens human rights?2. To what extent has the PWDVA met the needs of victim/survivors?

3. Is the infrastructure put in place for the implementation of the PWDVAadequate in meeting the needs of victim/survivors?

4. Is the infrastructure put in place under the PWDVA effective in creatingan enabling environment for victim/survivors to seek legal redress?

5. Are PWDVA agencies equipped to perform their roles effectively?

6. Do PWDVA agencies work in a coordinated manner to provide assistanceto victim/survivors?

7. Is the work of PWDVA agencies monitored in a systematic manner?8. Is the support provided to PWDVA agencies adequate to ensure their

efcient functioning?

9. To what extent have remedies under the PWDVA reached victim/ survivors of domestic violence?

10. What has been the impact of awareness creation under the PWDVA onpreventing domestic violence?

11. Are the methods of establishing infrastructure under the PWDVAsustainable?

12. Are victim/survivors able to sustain themselves during legalproceedings?


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Challenges to monitoring and evaluating the PWDVA

The PWDVA is a relatively recent enactment hence implementationmethods and practices are still evolving. There are, however, variations inimplementation practices adopted, as establishing infrastructure is left to

the discretion of State Government. The Indian Constitution being partlyfederal in nature leaves the implementation of central legislation to states.State Governments may, therefore, adopt diverse methods of establishinginfrastructure under the PWDVA, best suited to the local context. (For moredetails on practices adopted by states see the LCWRI Manual on Best Practices under the PWDVAJanuary, 2013). Though variations are inevitable, whichmay impede easy national level comparisons, each variation requires to beevaluated to assess whether or not it gives effect to statutory objectives andthe spirit of the law.

Of particular signicance to the current context, is the lack of uniformityin the manner and method of maintaining documentation by implementingagencies, which may result in inadequate monitoring of data. Toovercome this lacuna, it is essential that State Governments systematizeand harmonize methods of record keeping and documentation, as wellas systematically collect data on domestic violence and the impact ofimplementation measures on incidence levels.

It is also essential that there is uniform implementation of the PWDVA tothe extent possible, so that minimum standards of efciency and servicedelivery are met. This requires central guidelines setting minimum standards

of implementation and a national action plan to ensure adherence to suchstandards. Further, there is an urgent need for protocols on various aspectsassociated with the implementation of the law such as methods of providingtrainings, coordination and maintaining referral networks, counseling, casemanagement by implementing agencies, etc. These will further improve themanner in which the law is implemented and will, in turn, allow for moreeffective monitoring and evaluation of the law.


26/64


27/64

15Framework for Monitoring the PWDVA

The PWDVA was enacted to provide protection to victim/survivors ofdomestic violence by:

Recognizing domestic violence as a human rights violation andwomens right to reside in the shared household.

Recognizing womens rights to civil ordersprotection orders,residence orders, orders for monetary relief and temporary custody ofchildren and compensation ordersand treating the breach of ordersas a criminal offence.

Outlining a procedure for obtaining orders in an efcacious manner.

Establishing an infrastructure to facilitate womens access to justiceand support services.

Requiring that implementing and enforcing agencies work in acoordinated manner to provide multi-agency and gender sensitiveresponses to victim/survivors.

Reliefs under the PWDVA are meant to be in addition to reliefs and remediesavailable under other existing laws such as Section 498A of the Indian PenalCode on cruelty within marriages. Obligations of the State to implement thePWDVA are:

1. To establish an infrastructure to facilitate womens access to justiceand support services and to assist the court in the discharge of its

functions. In this regard state governments are required to a. Appoint Protection Ofcers (Section 8), register Service Providers

(Section 10), notify Medical Facilities (Section 2(j)) and ShelterHomes (Section 2(t))

b. Provide necessary ofce assistance to Protection Ofcers todischarge their duties efciently (Rule 3(5))

2. Ensure effective coordination between services provided by differentministries and periodically review steps taken to address issues ofdomestic violence (Section 11 (c))

3. Prepare protocols for service delivery, including court services

(Section 11(d))

Framework for Monitoring the PWDVA

Chapter 3


28/64


4. Provide periodic trainings and develop capacity of implementingagencies, including the police and judicial ofcers on issues coveredunder the PWDVA. (Section 11(b))

5. Publicize the law using television, radio and print media(Section 11(a))

Using the Monitoring Tool

The following section provides a Monitoring Tool that can be used by theCentral Government to monitor measures taken by State Governments tocomply with obligations under the PWDVA. State Governments may use thistool to compile information received from PWDVA and other agencies onimplementing the law.

Information collected by using the Monitoring Tool is categorized under

8 focus areas. In addition to the information required in the tool, thefollowing points must be borne in mind while lling in the Monitoring Tool:

The Reporting Period must be clearly mentioned. Monitoring PWDVAimplementation must be conducted on an annual basis, at a minimum.

Persons lling in information in this tool/format must provide theirnames, designation, department and contact details to identifythemselves and to facilitate follow ups.

Persons lling in information in this tool/format must also providebasic demographic information of the state to allow the supervisingauthorities contextualize information received and facilitateevaluations. Relevant demographic information includes: Number of districts in the state

Land Area of the state Total population in the state (Male/Female) Juvenile and child sex ratios Major religions followed in the state Major languages spoken in the state Economic activities for a majority of the population in the state Crime statistics on offences against women in the state Statistics on domestic violence as provided in reports of the

National Crime Research Bureau, National Family andHealth Surveys etc.

Copies of relevant protocols/government orders/advisories/ instructions/public advertisement/reporting formats and other relevantdocuments should be appended to the completed form.

Service/personnel/cadre rules relevant to appointments made underthe PWDVA must be mentioned or provided where relevant.

While lling in the tool/format, efforts must be made to ll in allsections and not leave any blanks. Instances where information iseither not available or not applicable should be recorded accordingly.

Completed forms must be signed; and the date and place of signingmust be recorded.


29/64


M o n

i t o r

i n g

T o o l

M o n

i t o r i n g

f o c u s

1 :

I n f r a s

t r u c t u r e e s

t a b l i s h e d u n

d e r

t h e

P W D V A

1 .

P r o t e c

t i o n

O f c e r s

a . T o t a l N u m

b e r o

f P r o

t e c t

i o n

O f c e r s a p p o

i n t e d :

b . N u m

b e r o

f P r o

t e c t

i o n

O f c e r s a p p o

i n t e d i n t h e r e p o r t

i n g p e r

i o d :

c . A d m

i n i s t r a t

i v e

l e v e

l s a t w

h i c h a p p o

i n t m e n

t s a r e m a d e a n

d n u m

b e r s :

S t a t e :

__________

D i s t r i c t :

_______

___

B l o c k :

___________

A n y o

t h e r

( p l e a s e s p e c

i f y ) :_

_____________________________

d .

D e t a i

l s o

f a p p o

i n t m e n

t s

( F i l l i n t o t h e e x

t e n

t a p p

l i c a

b l e

. W h e n n o

t a p p

l i c a

b l e

, p

l e a s e r e c o r d

N A . I n c a s e s w

h e r e c a

d r e r u

l e s e x

i s t t o r e g u

l a t e t e n u r e a n

d s e

l e c t

i o n c r

i t e r

i a ,

p l e a s e m e n t

i o n

t h e r e

l e v a n

t

r u l e s a n

d p r o v i s i o n .

N a t u r e o

f a p p o

i n t m e n

t

N u m

b e r s

D e s

i g n a t

i o n

/

G r a

d e

P a y

s c a l e

T e n u r e o

f

s e r v

i c e

O t h e r

p o s t s

h e l

d

S e l e c t i o n c r

i t e r

i a

( E . g .

e d u c a

t i o n

/

q u a l

i c a

t i o n s a n

d

e x p e r

i e n c e

)

L e v e

l

( D i s t r i c t / B l o c k

/

a n y o

t h e r

)

N u m

b e r

( R a n g e

o f c o u r t s

s e r v

i c e d

)

M a l e

F e m a l e

T o t a l

G o v e r n m e n

t s e r v a n

t s w

i t h

a d d i t i o n a l c h a r g e

G o v e r n m e n

t s e r v a n

t s w

i t h

i n d e p e n

d e n

t c h a r g e

A p p o

i n t m e n

t s o n c o n

t r a c

t u a l

b a s

i s

S e p a r a t e c a

d r e o

f P r o

t e c t

i o n

O f c e r s

A n y o

t h e r


30/64


M o n

i t o r i n g

f o c u s

1 :

I n f r a s

t r u c t u r e e s


d e r

t h e

P W D V A

2 .

S e r v

i c e

P r o v

i d e r s

a . T o t a l n u m

b e r r e g

i s t e r e

d :

b . T o t a l n u m

b e r o

f S e r v

i c e

P r o v i

d e r s r e g

i s t e r e

d i n t h e r e p o r t

i n g p e r

i o d :

c . D e t a i

l s o

f r e g

i s t r a t

i o n :

K i n d o

f S P r e g

i s t e r e

d

( E . g .

N G O

, N G O w

i t h F C C ,

S h e l

t e r

h o m e ,

l e g a l a i

d

p r o v i

d e r s , c o u n s e

l i n g

s e r v

i c e p r o v i

d e r s )

T o t a l n u m

b e r

r e g

i s t e r e

d

S t a t u s o

f s e r v

i c e p r o v i

d e r s

( N u m

b e r s

)

M e t

h o

d o

f r e g

i s t r a t

i o n

( B y n o

t i c a

t i o n ,

a p p

l i c a

t i o n s

i n v i

t e d ,

e t c .

)

S e l e c t

i o n c r

i t e r

i a

A r e a S e r v i c e

d

( L e v e l ,

A r e a s c o v e r e

d ,

r u r a

l /

u r b a n

)

F u l l y

f u n

d e d

b y

S t a t e

P a r t

i a l l y

f u n

d e d

b y

S t a t e

N o s t a t e

f u n

d i n g


31/64


M o n

i t o r i n g

f o c u s

1 :

I n f r a s

t r u c t u r e e s


d e r

t h e

P W D V A

3 .

N o t

i c a

t i o n o f m e d

i c a l

f a c i

l i t i e s a n

d s h e l

t e r

h o m e s

a . D e t a i

l s o

f n o

t i e d

f a c i

l i t i e s

T o t a l n u m

b e r

n o t i e d

N u m

b e r

n o

t i e d

i n

t h e r e p o r t

i n g

p e r

i o d

L e v e

l / A r e a s c o v e r e

d

D e s c r

i p t i o n o f u n

i t ( c a p a c

i t y ,

f a c i

l i t i e s a n

d s e r v

i c e s

a v a i

l a b l e ) P l e a s e m e n

t i o n

i f f r e e s e r v

i c e s

a r e a v a i

l a b l e

.

I f n o

t , p

l e a s e p r o v i

d e i n f o r m a t

i o n o n c h a r g e s p a y a b

l e

a n d i f t h e r e a r e a n y m

i n i m u m

/ m a x

i m u m

c e i

l i n g s

p r e s c r i

b e d

S t a t e

D i s t r i c t

B l o c k

A n y o

t h e r

M e d

i c a l

f a c i

l i t y

( E . g .

C l i n i c s ,

h o s p

i t a l s , c e n

t e r s

)

G o v e r n m e n

t m e d

i c a l

f a c i

l i t y

P r i v a

t e M e d

i c a l

f a c i

l i t y

A n y o

t h e r

S h e l

t e r

h o m e

( E . g .

s h o r t s t a y

h o m e s ,

P l e a s e a l s o p r o v i

d e

i n f o r m a t

i o n

o n s c

h e m e s

t h a t

f u n

d s u c h

f a c i

l i t i e s a n

d o t h e r s e r v

i c e s

a v a

i l a b

l e i n s u c h u n

i t s )

S t a t e

f u n

d e d

/ r u n

P r i v a

t e l y f u n

d e d

/ r u n

A n y o

t h e r


32/64


M o n

i t o r i n g

f o c u s

2 :

A s s

i s t a n c e p r o v i

d e d

t o P W D V A A g e n c i e s

1 .

D e t a i

l s o f o f

c e a s s i s t a n c e p r o v i

d e d t o P r o t e c

t i o n

O f c e r s

D e s c r

i p t i o n o

f P r o

t e c t

i o n

O f c e r s

L e v e l

O f c e s p a c e

p r o v i

d e d

( Y e s

/ N o

)

S t a

f f

L i s t o

f o

t h e r e n

t i t i e s p r o v

i d e d

( Y e s

/ N o

)

N a t u r e o

f n a n c i a l

a s s i s t a n c e a n

d

d e s c r

i p t i o n

A n y

o t h e r

f o r m

o f s u p p o r t

I f y e s , p

l e a s e

p r o v i

d e

d e s c r

i p t i o n o

f

l o c a

t i o n

D e s c r

i p t i o n

( E . g .

d a t a e n

t r y

o p e r a t o r ,

h o m

e

g u a r

d s )

N o .

S e r v i c e P r o v i d e r s

M e d i c a l f a c i l i t i e s

S h e l t e r h o m e s

C o u n s e l o r s

A l l o w a n c e s ( a m o u n t )

R e i m b u r s e m e n t f o r e x p e n s e s

A n y o t h e r

( E . g .

v e h i c l e s ,

p h o n e s ,

c o m p u

t e r s ,

l e g a l c o u n s e

l , e t c .

)

G o v e r n m e n

t s e r v a n

t s w

i t h

a d d i t i o n a l c h a r g e

G o v e r n m e n

t s e r v a n

t s w

i t h

i n d e p e n

d e n

t c h a r g e

A p p o

i n t e d o n c o n

t r a c

t

S e p a r a t e c a

d r e o f

P r o

t e c t

i o n

O f c e r s

A n y o

t h e r


33/64


M o n

i t o r

i n g

f o c u s

2 :

A s s

i s t a n c e p r o v i

d e d t o P W D V A A g e n c i e s

2 .

D e t a i

l s o f a s s i s t a n c e p r o v

i d e d

t o a n y o t

h e r a g e n c y

f o r p e r

f o r m

i n g

t h e i r

d u t i e s u n

d e r

t h e

P W D V A

( a ) D e t a i

l s o

f a s s i s t a n c e p r o v i

d e d

t o S e r v

i c e

P r o v i

d e r s

N a t u r e o f a s s i s t a n c e

D e s c r

i p t i o n

/ D e t a i

l s

O f c e a s s i s t a n c e

C o n v e y a n c e

L i s t a n

d c o n

t a c t

d e t a i

l s o f

P r o

t e c t i o n

O f c e r s a n

d

o t h e r e n

t i t i e s

F u n

d s

f o r p e r

f o r m

i n g

d u

t i e s u n

d e r

t h e

P W D V A

R e i m

b u r s e m e n

t s f o r e x p e n s e s u n

d e r t a k e n

A n y o

t h e r

( b ) I s t h e r e a n y

f o r m

o f a s s i s t a n c e p r o v i

d e d

t o n o

t i e d

M e d

i c a l

F a c i

l i t i e s a n

d S h e l

t e r

H o m e s

t o p e r

f o r m

t h e i r

d u

t i e s u n d e r

t h e

P W D V A ? I f y e s , p

l e a s e p r o v i

d e d e s c r

i p t i o n a n

d d e t a i l s .


34/64


M o n

i t o r i n g

F o c u s

3 :

F u n c t

i o n i n g o f

P r o

t e c t

i o n

O f c e r s

1 .

F a c i

l i t a t i n g a c c e s s

t o j u s t

i c e

A v e r a g e n u m

b e r o

f a g g r i e v e d

p e r s o n s a t

t e n

d e d

t o i n a m o n

t h

N u m

b e r o

f D I R s r e c o r d e d

i n t h e

r e p o r t

i n g p e r

i o d

N u m

b e r o

f a p p

l i c a

t i o n s

l e d i n

t h e r e p o r t

i n g p e r

i o d

N u m

b e r o

f c o m p

l a i n

t s o

f b r e a c

h o

f

o r d e r s r e c e i v e

d

P r o

t e c t

i o n

O f c e r s a t

t h e

b l o c k

l e v e

l

P r o

t e c t

i o n

O f c e r s a t

t h e

D i s t r i c t l e v e

l

A n y o

t h e r

P r o

t e c t

i o n

O f c e r

S e r v

i c e

P r o v i

d e r s

M e d

i c a l

F a c i

l i t i e s

A n y o

t h e r e n

t i t i e s

d e a

l i n g w

i t h a g g r i e v e d p e r s o n s


35/64


M o n

i t o r

i n g

F o c u s

4 :

C o o r d

i n a t i o n

b e t w e e n

i m p

l e m e n

t i n g a g e n c

i e s a n

d s e r v

i c e

d e l i v e r y m e c

h a n

i s m s

( 1 ) R e f e r r a

l s y s t e m s - p

l e a s e p r o v i

d e

t h e n u m

b e r o

f r e

f e r r a l s m a d e a n

d r e c e

i v e d

b y

P r o

t e c t

i o n

O f c e r s

i n t h e r e p o r t

i n g p e r

i o d

R e f e r r i n g a g e n c y

N u m

b e r o f r e

f e r r a l s m a d e

t o P O s

N u m

b e r o f r e

f e r r a l s r e c e

i v e d

b

y P O s

P o l i c e

S e r v

i c e

P r o v i

d e r s

M e d

i c a l

F a c i

l i t i e s

S h e l

t e r

h o m e s

N G O s

L a w y e r s

C o u r t s

A n y o

t h e r

( 2 ) C o o r

d i n a t

i o n

C o m m

i t t e e s

L e v e

l

N u m

b e r

C o n s t

i t u

t i o n o f c o o r d

i n a t

i o n

c o m m

i t t e e s

/ a g e n c i e s

r e p r e s e n

t e d

D a t e o f c o n s t

i t u

t i o n a n

d

m a n n

e r o f c o n s t

i t u

t i n g

N u m

b e r o

f m e e

t i n g s

i n

r e p o r t i n g p e r

i o d

D e s c r

i p t i o n o f a c

t i v i

t i e s

u n

d e r t a k e n a n

d c o m m e n

t s

S t a t e

D i s t r i c t

B l o c k

A n y o

t h e r

( 3 ) G u

i d e l

i n e s o n c o o r

d i n a t i o n

H a s

t h e

S t a t e

G o v e r n m e n

t o r a n y o

t h e r e n

t i t y ( e

. g .

p o l

i c e ,

S t a t e

L e g a l

S e r v

i c e s

B o a r

d , c o u r

t s ) i s s u e d a n y g u i

d e l i n e s

/ p r o

t o c o l s / a d v i s o r i e s

/ i n s

t r u c

t i o n s

t o e n s u r e c o o r d

i n a t

i o n

b e t w e e n

i m p

l e m e n

t i n g a g e n c i e s a n

d s e r v

i c e

d e l i v e r y

? I f y e s , p l e a s e p r o v i

d e d e s c r i p t

i o n

b e l o w a n

d a t

t a c h c o p

i e s


36/64


M o n

i t o r

i n g

F o c u s

5 :

D o c u m e n

t a t i o n a n

d r e p o r t

i n g o n w o r k

d o n e

t o a d

d r e s s

d o m e s

t i c v i o

l e n c e u n

d e r

t h e

P W D V A

( 1 ) W h a t

k i n

d o

f r e c o r d s a r e

t h e

f o l l o w

i n g e n

t i t i e s r e q u

i r e d

t o m a i n

t a i n :

D

e s c r

i p t i o n o

f r e c o r d s m a i n

t a i n e d

( E . g .

D I R I n d e x ,

e n t r y r e g

i s t e r s ,

v i s i

t o r s r e g

i s t e r s ,

i n t a k e r e g

i s t e r s

)

P r o

t e c t

i o n

O f c e r s

S e r v

i c e

P r o v i

d e r s

A n y o

t h e r

( 2 ) H a s

t h e

S t a t e

G o v e r n m e n

t i s s u e d a n y p r o

t o c o

l s f o r m a i n

t a i n i n g

d o c u m e n

t a t i o n

f o r w o r k

d o n e u n

d e r

t h e

P W D V A ? I f y e s , p

l e a s e p r o v i

d e

d e s c r i p

t i o n a n

d p r o v i

d e c o p

i e s .

( 3 ) R e p o r t

i n g a n

d m e t

h o

d

D e s

i g n a t

i o n o

f p e r s o n r e p o r t e d

t o

M e t

h o

d o

f r e p o r t

i n g a n

d f r e q u e n c y

( E . g .

s u b m

i s s i o n o

f q u a r

t e r l y r e p o r t s , o r a

l r e p o r t

i n g a t

m e e

t i n g s , e t c .

)

P r o

t e c t

i o n

O f c e r a t

t h e

B l o c k

l e v e l

P r o

t e c t

i o n

O f c e r a t

t h e

d i s t r i c t l e v e l

A n y o

t h e r

P r o

t e c t

i o n

O f c e r

S e r v

i c e

P r o v i

d e r

A n y o

t h e r e n

t i t i e s r e p o r t

i n g

t o t h e n o

d a l

a g e n c y u n

d e r

t h e

P W D V A


37/64


M o n

i t o r

i n g

F o c u s

6 : T r a i n

i n g s a n

d c a p a c

i t y

d e v e l o p m e n

t

1 .

D e t a i

l s o f

t r a i n

i n g s p r o v

i d e d

i n t h e r e p o r

t i n g p e r

i o d

D a t e , n a m e a n

d

l o c a

t i o n o

f t h e

e v e n

t

P r o

l e o f a t

t e n d e e s a n

d n u m

b e r s

( E . g .

d i s t r i c t l e v e

l P r o

t e c t

i o n

O f c e r s ,

p o

l i c e , S

e r v i c e

P r o v i

d e r s ,

l a w y e r s , e t c .

)

P r o

l e o

f t r a i n e r s

I s s u e s c o v e r e

d i n

t h e

t r a i n

i n g

M a t e r

i a l s

d i s t r i b u

t e d

A n y a s s e s s m e n

t o

f t h e

t r a i n

i n g c o n

d u c t e d

?

( E . g .

p r e a n

d p o s t w o r k s h o p

c a p a c

i t y a s s e s s m e n

t s )

A n y

f o l l o w - u

p t o t h e

t r a

i n i n g

?

2 .

F u n c t

i o n a r

i e s r e c e

i v i n g

t r a i n

i n g s a n

d n u m

b e r s

A g e n c y

N u m

b e r

R e c e i v i n g

t r a i n

i n g

i n

t h e r e p o r t

i n g p e r

i o d

P r o

t e c t

i o n

O f c e r s

S e r v

i c e

P r o v i

d e r s

M e d

i c a l

/ h e a

l t h p r o

f e s s

i o n a l s

C o u n s e

l o r s

P o l i c e

M a g

i s t r a t e s a n

d o

t h e r

j u d i c i a l o

f c e r s

A n y o

t h e r

3 .

I s t h e r e a n y

f o r m

o f o n g o

i n g

t r a i n i n g s p r o v i

d e d

t o a n y a g e n c y o n p e r

f o r m

i n g

t h e i r r o

l e s u n

d e r

t h e

P W D V A ?

4 .

W h a t

k i n

d o

f i n f o r m a t

i o n

i s m a d e a v a

i l a b

l e t o P r o

t e c t

i o n

O f c e r s

t o e q u

i p t h e m

t o p e r

f o r m

t h e i r r o

l e u n

d e r

t h e

P W D V A ?

5 .

A n y o

t h e r a c

t i v i

t i e s u n

d e r

t a k e n

b y t h e

S t a t e

G o v e r n m e n

t t o d e v e l o p c a p a c i

t y o

f P r o

t e c t

i o n

O f c e r s ,

S e r v

i c e

P r o v i

d e r s , p o

l i c e ,

l a w y e r s

/ l e g a l a i

d p r o v i

d e r s ,

j u d g e s ,

h e a

l t h

p r o

f e s s

i o n a l s ,

N G O s , s h e l

t e r s e r v

i c e p r o v i

d e r s , e t c . o n

t h e

P W D V A a n

d i s s u e s a

d d r e s s e d

b y

i t ?


38/64


M o n

i t o r i n g

F o c u s

7 :

P u

b l i c i t y

a n d a w a r e n e s s c r e a

t i o n

1 .

M e a s u r e s

t a k e n

t o p u b l

i c i z e n a m e s a n

d c o n

t a c t

d e t a i l s o f e n

t i t i e s u n

d e r

t h e

P W D V A

P u

b l i c a

t i o n

i n p r i n

t m e d

i a /

n e w s p a p e r s a n

d f r e q u e n c y

L i s t o

f P W D V A a g e n c i e s

d i s p l a y e

d i n g o v e r n m e n

t w e b s i

t e

L i s t o f

P W D V A a g e n c i e s

d i s p

l a y e d

i n p o

l i c e s t a t

i o n s ,

t e h s i

l o f

c e ,

p o

l i c e c o n

t r o

l

r o o m s , g o v e r n m e n

t h o s p

i t a l s .

P l e a s e s p e c

i f y

A n y o

t h e r m e

t h o

d s u s e

d

P r o

t e c t

i o n

O f c e r s

S e r v

i c e

P r o v i

d e r s

M e d

i c a l

F a c i

l i t i e s

S h e l

t e r

H o m e s

P o l i c e

P e r s o n n e l

A n y o

t h e r

2 .

D e t a i

l s o f

I E C a c

t i v i

t i e s N a t u r e o

f p r o g r a m

/

p u

b l i c a

t i o n

R e a c h

/ c o v e r a g e

N u m

b e r o

f p r o g r a m s /

a c t i v i

t i e s

C o n

t e n

t / M e s s a g e

E v a l u a t

i o n o

f I m p a c

t

R a d

i o

H o a r

d i n g s

E l e c

t r o n

i c M e d

i a

N e w s p a p e r a n

d P r i n

t

M e d

i a

A w a r e n e s s

C a m p a i g n s

A n y o

t h e r


39/64


M o n

i t o r i n g

F o c u s

8 :

A l l o c a

t i o n o

f f u n

d s

f o r

t h e

i m p

l e m e n

t a t i o n o f

t h e

P W D V A

1 .

I s t h e r e a s e p a r a t e

b u

d g e t

f o r

t h e

i m p

l e m e n

t a t i o n o

f t h e

P W D V A ? I f y e s ,

i s

t h e

b u d g e t p r o v i

d e d

t h r o u g

h a

S t a t e

P l a n

S c h e m e o r

i s t h e r e a n y o

t h e r m o

d e o f

f u n

d i n g

? I f n o ,

h o w a r e e x p e n s e s u n

d e r

t h e

P W D V A m e t

?

2 .

I f t h e r e

i s a s e p a r a t e

b u

d g e t

f o r t

h e

P W D V A

, p

l e a s e p r o v i

d e

t h e

f o l l o w

i n g i n

f o r m a t

i o n

B u

d g e t e s

t i m a t e

f o r

t h e r e p o r t

i n g p e r

i o d :

_______________

R e v

i s e d e s

t i m a t e

g u r e s

f o r

t h e l a s t y e a r :

_______________

A c t u a l

g u r e

f o r

t h e

l a s t

t o l a s t y e a r :

_______________

3 .

P l e a s e p r o v i

d e

i n f o r m a t

i o n o n a l l o c a

t i o n s m a d e u n

d e r

t h e

f o l l o w

i n g s p e c

i c c o m p o n e n

t s

S p e c

i c

h e a

d

A m o u n

t

P r o

t e c t

i o n

O f c e r

S a l a r y o f

P O a n

d s t a f

f t o a s s i s t

P O

O f c e e q u i p m e n

t

T r a n s p o r

t a n

d c o n v e y a n c e

A n y o t

h e r a l

l o w a n c e s

t o P O s

f o r p e r f o r m

i n g

t h e i r

d u t i e s

S e r v

i c e

P r o v i

d e r s

M e d

i c a l

f a c i

l i t i e s

S h e l

t e r

h o m e s

A w a r e n e s s c r e a

t i o n a c

t i v i

t i e s

T r a i n

i n g a n

d c a p a c

i t y

b u

i l d i n g o

f e n

t i t i e s

C o o r d

i n a t

i o n

A n y o

t h e r

4 .

I f e x p e n

d i t u r e w a s

l o w ,

w h a t w e r e

t h e r e a s o n s

f o r

t h i s ?

5 .

D o y o u

t h i n k t h a t

t h e a g g r e g a t e b

u d g e

t i s a d e q u a t e ?

A l s o ,

a r e

t h e r e a n y s p e c

i c c o m p o n e n

t s f o r w

h i c h t h e r e a r e l e s s a l

l o c a

t i o n o r w

h i c h a r e c o m p

l e t e l y m i s s e d o u

t ?


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29Evaluation Framework on Implementing the PWDVA

The Evaluation Framework below may be used to assess progress ma

Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from...

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