Section 10 of The Protection of Women from Domestic Violence Act, 2005
- (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 repot 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.
Summary
- Voluntary associations and companies registered under Indian law with the goal of protecting women can register as official service providers with the State Government.
- Registered service providers have the power to record domestic incident reports and forward them to the Magistrate and Protection Officer.
- They can get a victim medically examined and ensure she finds shelter in a shelter home, reporting these actions to the police.
- The law protects service providers and their members from any lawsuits or legal proceedings for actions done in good faith to prevent domestic violence.
Practical examples
FAQ
1. What organizations can register as service providers under Section 10 of the Protection of Women from Domestic Violence Act, 2005?
Under Section 10 of the Protection of Women from Domestic Violence Act, 2005, any registered voluntary association or company working to protect women's rights can register as a service provider.
2. Can a service provider record a domestic incident report under Section 10 of the Domestic Violence Act of 2005?
Yes, under Section 10 of the Domestic Violence Act of 2005, registered service providers have the power to record this report and send it to the Magistrate and Protection Officer.
3. Are service providers protected from lawsuits under Section 10 of the 2005 Domestic Violence Act?
Yes, under Section 10 of the 2005 Domestic Violence Act, no legal action can be taken against them for activities done in good faith to prevent domestic violence.
Test yourself
Q1.Under Section 10 of the Protection of Women from Domestic Violence Act, 2005, which types of entities can register as service providers?
Q2.Under Section 10 of the Domestic Violence Act of 2005, what legal safety net is provided to registered service providers?
Q3.Under Section 10 of the 2005 Domestic Violence Act, what power do service providers have regarding domestic incident reports?
Q4.Under Sections 9 and 10 of the Indian Domestic Violence Act, what is a key difference between the powers of a Protection Officer and a registered service provider?