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patter   04 August 2018

Women's protection act 2005

My mother has won a protection against my elder brother. But police help is not forthcoming for her and others staying with her. Please clarify 1. Who all are protected under the Women's Protection Act 2005? I read somewhere that the complainant, all the persons staying with her and whoever is helping her to conduct the case are protected when the complainant secures a verdict in her favour. Is there any such amendment? 2. What if the police say 'protection is not our duty and if the respondent commits any crime you should go back to the court?'


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 3 Replies

Suri.Sravan Kumar (senior)     04 August 2018

According to my opinion you have to apply to the magistrate for the protection order and the magistrate will issue order to the police.


(Guest)
Originally posted by : patter
My mother has won a protection against my elder brother. But police help is not forthcoming for her and others staying with her. Please clarify
1. Who all are protected under the Women's Protection Act 2005? I read somewhere that the complainant, all the persons staying with her and whoever is helping her to conduct the case are protected when the complainant secures a verdict in her favour. Is there any such amendment?

2. What if the police say 'protection is not our duty and if the respondent commits any crime you should go back to the court?'

You will have to file execution petition application in magistrate court who delivered order in your favor. Then little ghoos to warm the poulice pokets.  They will give one number which you will have to call in case if there is friction tension.

The PWDVA 2005 is another useless act passed by Renuka Chaudhury during sonia gandhi time.  Women should find easier ways of living than creating tension for themselves by rubbing the wrong way around. and creating friction and heat in relatonshps.

But ultimately women forget that police cant protect you 24 x 7. Like that with this law each house where there is woman there should be 2 police standing outside the house just in case some friction happens between man and woman.  All these are not feasible ideas, but look good only on paper.  On the one hand the law provides false hope that it can help women through these women centric laws, and at the same time women forget that relationships blow away when they make use of stupid laws and approach police and court damaging the relationship for ever.

File execution petition and keep calling police whenever there is threat from brother.  Jokes apart just shift to place near police station so that you can shout bachao bachao............

1 Like

patter   18 August 2018

Thanks for everybody. I have since gathered some i nformation which I am sharing with you all:

'Protection' is a status, not round-the-clock police guard. However, on the police rests the responsibility of taking proper action when the status is threatened i.e., the court order is violated. In such a situation they have to register a case, conduct enquiry and produce the accused before the Magistrate who will proceed for further action.

I understand that this Act is successful in big cities like Mumbai where the awareness level of police is high. The District Protection Officer's posts - one each in every district -  are lying vacant in many states including Kerala. And the police of Kerala are yet to take this Act seriously. Incidentally, the Act is called Sudarshan Chakra by some north Indian advocates. Once released, it will hit the target...even powerful politicians are afraid of interfering with the proceedings.

Thanks again.

 


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