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RESOURCE TOOLfor Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
© 2013 Lawyers Collective 63/2 Masjid Road; Jangpura; New Delhi 110014www.lawyerscollective.org
Design, Layout and Printing : New Concept Information System Pvt. Ltd.
Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from
Domestic Violence Act, 2005
Lawyers Collective (Women’s Rights Initiative)
Supported by: United Nations Trust Fund on
Violence Against Women
January 2013
New Delhi
iii
Acknowledgements vPreface vi
Chapter 1 Introduction 1
Chapter 2 Implementing the PWDVA 7
Chapter 3 Framework for Monitoring the PWDVA 15
Chapter 4 Evaluation Framework on Implementing the PWDVA 29
Acronyms and glossary 47
Resources 49
Table of Contents
Table of Contents
iv Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
I would like to congratulate the National Mission for Empowerment of Women (NMEW) and the Lawyer’s Collective Women’s Rights Initiative (LCWRI) for their unique efforts in monitoring the implementation of the Protection of Women from Domestic Violence Act, 2005 (PWDVA) in all states in the country. It is laudable that LCWRI has been conducting this exercise for the last six years.
The right to live with dignity is a constitutionally guaranteed and protected right. In addition to 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 monitor implementation of all laws for women. On 26th October 2006, the PWDVA was brought into force by the efforts of the Ministry of Women and Child Development, Government of India and 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 ensure effective protection and relief to the victims of domestic violence. However the Act is not the end of the journey but the beginning. It is necessary to not only bring about progressive new laws but also ensure their implementation to serve both the letter and the spirit of the law. Hence, it is necessary to continually monitor the law and evaluate its effectiveness with regard to its actual impact on women.
To strengthen the implementation of the PWDVA, NMEW and LCWRI are bringing out this resource tool for monitoring and evaluating the implementation of the PWDVA. This useful and informative tool would not only help the stakeholders facilitate the implementation process but also help us institutionalize the whole process of monitoring and evaluation of the PWDVA. Overall, it would effectively protect the human rights and freedom of all women and bring transformation to countless lives.
I hope this unique tool will inspire all stakeholders at the central and state level to increase and consolidate their actions for effective implementation of the PWDVA. It is my hope that this tool would result in more proactive action and participation by the State Governments and 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 Women who coordinated this process and conducted empirical research and state visits to aid the completion of this task and exhort them to continue the good work and hope that such initiatives are given cooperation and support by all stakeholders and government agencies.
Krishna TirathMinister of State (Independant Charge)Ministry of Women & Child Development
Foreword
v
This compilation puts together lessons learnt from Lawyers Collective, Women’s Rights Initiative’s (LCWRI) five-year long initiative (2007-2011) of annually monitoring and evaluating the implementation of the Protection of Women from Domestic Violence Act, 2005 (M&E initiative). The LCWRI would like to acknowledge the invaluable contribution of partners and collaborating agencies over the years- this endeavor would not have been possible without their support.
At the Lawyers Collective, Asmita Basu compiled this resource tool under Ms. Indira Jaising’s guidance and with research assistance received from Philarisa Nongipur, Mangla Verma, Gayatri Sharma and Gurmit Tandon. Mayuri Singh, Prabhat Gautam, Afreen Siddiqui, Usha Varma, Liyi Marli Noshi and C.P. Nautiyal deserve special mention for providing research inputs and administrative support.
The LCWRI is deeply grateful to Dr. Surinder Jaswal (Tata Institute of Social Sciences) and Padma Deosthale (CEHAT (Mumbai)) for reviewing the compilation and providing expert comments.
Acknowledgement for providing expert inputs is also due to the UN Women South Asia team, particularly Gitanjali Singh, Brototi Dutta, Shreyasi Jha and Bhumika Jhamb.
UN Women South Asia has provided continuing support to LCWRI’s M&E initiative from its very inception. Special thanks in this regard are due to Anne F. Stenhammer, Sushma Kapoor and Gitanjali Singh. This compilation has been prepared with funds received from the UN Trust to End Violence Against Women.
LCWRI would also like to thank Shreya Singhal and Mehak Sethi for overseeing aspects of design and publication; and New Concept Information Systems for designing and printing.
Acknowledgements
Acknowledgements
vi Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
Years of representing victim/survivors of domestic violence in courts and the accumulated experience of “case work” by women’s groups made it clear that “domestic violence” was a problem without a name and without a law. Violence within the home was considered a “family law issue”—involving matters of marriage and divorce only. The law addressed how to get married and how to get divorced but not what happened between marriage and divorce. This meant that the issue of violence against women in the matrimonial 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 by a 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 of the fear of arrest, rather than on the basis of the rights of women. Although domestic violence was invariably accompanied by dispossession from the matrimonial home, there was no statutory recognition of the right to reside in the matrimonial home. Courts were not empowered to grant protection orders. Section 498A’s protective ambit did not extend to dependent female family members not in matrimonial relationships. Only physical violence was considered to be domestic violence, and that too, only when associated with the giving and taking of dowry. There was no law, which enabled the grant of reliefs or restoration to the matrimonial home, or protection from domestic violence.
It was in this context that the idea of the ‘Protection of Women from Domestic Violence Act’ (PWDVA) was born. This is all history, though only recent history, it has been no more than 6 years since the law has been passed.
The PWDVA recognizes that victim/survivors not only need a law, which protects them from violence, but also need the means with which to activate the law and use it. This is how the idea of ‘Protection Officers’, who a victim/survivor contemplating legal action could approach, was conceptualized. Protection Officers have a substantial pre-litigation role, facilitating victim/survivors approach to a court of law-- recording a ‘Domestic Incident Report’, informing a woman of her rights under the law and facilitating her access to required support services.
Preface
Preface vii
Protection Officers also have an important role in court. Once again, in recognition of the unequal relationship between the victim/survivor and the perpetrator of violence, the Protection Officer is not meant be a passive player, but must be pro-active in collecting the missing evidence required to establish a case. A simple example will suffice to prove the point-- victim/survivors, in most cases; do not have access to the financial dealings of their partners. This may result in courts denying reliefs (e.g. maintenance) for want of evidence, as the burden is on the victim/survivor to prove the case. The PWDVA lessens this burden by empowering courts to direct Protection Officers to collect evidence on the basis of which relief can be granted. Hence, the PWDVA makes a major breakthrough from the adversarial system of court proceedings to a more inquisitorial one, where the judge has a major proactive role in fulfilling the object of the law.
Another major breakthrough made by the PWDVA is the inclusion of multiple service providers in its implementation. By including multiple service providers, the PWDVA recognizes victim/survivors’ need for support services, particularly while pursuing legal remedies, and paves the way for coordinated multi-agency responses. It also provides victim/survivors multiple avenues to access the law, as most service providers are empowered to officially record complaints of domestic violence. Service providers, whose roles are recognized under the PWDVA include NGOs providing services to women who are registered as ‘Service Providers’; and medical facilities and shelter homes, which are notified under PWDVA.
Finally, another significant jurisprudential contribution of the PWDVA is that it uses a judicious mix of civil and criminal procedural law to ensure that protective orders are expeditiously obtained and effectively enforced. Hence applications for reliefs under the PWDVA lie to Magistrates, who are part of the criminal justice system. They are empowered to grant injunctions of a civil nature, which they are not otherwise entitled to do in criminal jurisdiction. This means that other members of the criminal justice system are 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 specifically recognized under the PWDVA, as they are required to inform victim/survivors of their rights and assist courts in enforcing their orders.
Protection Officers, service providers, the police, courts and lawyers, together constitute the infrastructure required to give effect to the objectives of the PWDVA and the means for victim/survivors to activate the law.
When the PWDVA was drafted, it contained a provision that mandated the State to monitor its implementation and produce annual reports. This provision was dropped from the draft before it was passed. We realized,
viii Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
therefore, that the task of monitoring which should be of the State, would fall on our shoulders, if the law had to have any meaning at all. The idea of monitoring the PWDVA came with the knowledge that this was a new law with revolutionary concepts, which would require to be monitored in the first few years to help set precedents and standards. It would also allow for an assessment of practices to guard against wrong practices that would then become the norm and begin to appear normal.
LCWRI’s focused work on the issue of domestic violence began with a grant from the Ford Foundation. The process of monitoring and evaluating PWDVA implementation – keeping as it does with the human rights standard of due diligence-- was supported from its very conception by the UN Women (South Asia office) and subsequently funded by the UN Trust Fund on Violence Against Women. Surveys on Knowledge, Attitude and Practice, which form part of the last three years’ (2009-2011) annual Monitoring and Evaluation Reports, were done in collaboration with the International Center for Research on Women (ICRW).
Six years of monitoring the implementation of the PWDVA, has shown that there will always be limitations to a process conducted by an NGO such as ours. First, the State is the only source of authentic information on infrastructure. Hence data collection for an NGO is a major concern due to the lack of easy access to documents and services. Second, the lack of convergence within the government itself-- between the Ministries of law and justice, home, women and children development, etc. -- is another significant issue, almost impossible to overcome.
On the other hand, the advantage that an NGO has in undertaking a process such as this is that it can independently assess government and judicial practices and hold the State accountable to its statutory goals. We have dealt with our challenges and opportunities and the results can be found in the 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 function of its autonomous bodies such as the National Commission for Women. For instance, in the case of primary education, the Right to Primary Education Act, 2009 appoints the National Commission for Protection of Child Rights to 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 to interpret the law in a manner that outlaws all violence against women, or remain in the patriarchal mould-- a clear choice, which must be evaluated by reading and understanding orders and judgments of the court. Hence for a comprehensive monitoring and evaluation exercise, it is essential not
Preface ix
only to monitor administrative measures taken for implementation, but also assess its outcomes by examining court orders and judgments.
Implementation in letter and spirit is critical to making a difference in the lives of victim/survivors. The danger of backlashes and settling into old patterns of thinking fortifies patriarchy, which is ever present. Eternal vigilance is required to defend a life free from violence, and that is the significance of monitoring and evaluation-- it is a tool of accountability. Unlike other forms of enquiry, an enquiry into the functioning of law is relatively straightforward. The law functions through a paper trail and there is no scope for changing what has been put in print. This enables documentation, which is required when it comes to monitoring a law. Evaluation is reading the meaning of what the paper trail is telling you. It is only through regular monitoring and evaluation that the goal of realizing a woman’s right to a violence free home can be achieved.
As our project period comes to a close, we also close and complete a full circle, from campaigning to legislation to monitoring/evaluating implementation. Yet we know the circle never closes, only grows larger to incorporate new experiences, hopes and aspirations of the affected community. We have labored all these years in the hope that we will leave the lives of affected women a little better, more livable, and the world a better a place. Our work is dedicated to survivors of domestic violence, who inspired the work to begin with.
Indira Jaising Director
Lawyers Collective (Women’s Rights Initiative)
1Introduction
Background
International law defi nes violence against women (VAW) as gender-based violence, which is ‘disproportionately directed against women because she is a woman or affects women disproportionately.’ VAW is, therefore, both a cause and consequence of women’s subordinate position vis-à-vis men. It is recognized as a violation of women’s human rights and as constituting an impediment to the realization of equality, development and peace. Domestic violence is the most insidious form of VAW, faced by women of all ages within family relationships. The root cause of domestic violence is unequal gender relations, which is often exacerbated by economic, social and cultural factors. Addressing VAW entails tackling the root causes of the problem from the home to the transnational arena.
International law mandates that States take steps to eliminate all forms of discrimination against women and to exercise ‘due diligence’ to prevent the violation of their rights. The ‘due diligence’ standard requires States to take positive action to prevent and protect women from violence, punish perpetrators and compensate victims of violence. (See Box 1) In order to comply with this standard, States must inter alia enact, implement and monitor legislation on VAW.
It is internationally recommended that VAW legislation must be comprehensive and multi-disciplinary, encompassing aspects of criminalization, prevention, protection, survivor empowerment and support. However, enacting legislation is only a fi rst step in combating VAW, it is also essential that laws are implemented effectively. In order to ensure effective implementation, legislation should be accompanied by a comprehensive policy framework, which includes a national action plan or strategy for implementation; as well as provisions for training and sensitizing implementing agencies, creating public awareness, promoting coordination and multi-agency responses and budgetary allocations.
Introduction
Chapter 1
2 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
Monitoring and evaluating implementation
A significant aspect for ensuring effective implementation is the regular monitoring of laws to assess government compliance with statutory objectives and to track the progress of such laws in addressing VAW. Regular monitoring also serves to assess whether further law or policy reform is required, to discern unintended consequences of law, reveal the need for capacity development and training for implementing agencies and the need for coordinated responses.
Monitoring of laws is the process of tracking implementation of laws and progress towards meeting statutory goals. Monitoring focuses on processes - such as measures taken to give effect to statutory obligations, including activities undertaken, who delivers them and how many people they reach. Monitoring must be conducted by those vested with the responsibility of implementing the law.
To assess progress made in attaining statutory goals, it is essential that monitoring of the law be complemented by systematic evaluation of implementation measures. Evaluation brings together monitoring data and findings from additional research to assess the relevance, efficiency, effectiveness, impact and sustainability of implementation measures undertaken. While monitoring is an on-going process, evaluations are more time bound interventions, conducted at particular moments, and by independent agencies. Monitoring and evaluation done together, allow implementing agencies to track and assess the effectiveness and impact of implementation measures undertaken.
Checklist for Determining State Compliance with Due Diligence Obligations
1. Ratification of international human rights instruments
2. Constitutional guarantees on equality for women
3. 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 discriminatory policies in the field 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
3Introduction
Practices in monitoring the implementation of laws
The basic point of reference for monitoring implementation is the statute itself, which outlines duties of the State. However, modern legislative approaches give options to implementing agencies of the State to adopt practices that suit local imperatives. This may result in diverse implementing practices. It is therefore, necessary to map these practices as they emerge through monitoring and guard against practices that defeat the spirit of the law and statutory goals.
In some countries, laws on violence against women contain specific provisions mandating regular monitoring either by implementing agencies themselves or by creating special agencies to monitor implementation. For instance, the “Philippines Anti-Violence Against Women and their Children Act, 2004” establishes the ‘Inter-Agency Council on Violence Against Women’. Constituted with representatives from different government departments, this agency monitors initiatives taken to address VAW. Similarly the “Spanish Organic Act on Integrated Protection Measures against Gender Violence, 2004” establishes a ‘Special Government Delegation on VAW’ and a ‘State Observatory on VAW’ to inter alia supervise the implementation of laws and prepare annual reports.
In other countries, monitoring of laws is conducted under national action plans or strategies that examine all aspects of law implementation, service delivery, awareness creation, etc. Some countries prepare action plans to give effect to specific legislation on VAW. To illustrate Sri Lanka’s “Plan of Action Supporting the Prevention of Domestic Violence Act (2007)” covers various aspects of training and capacity building, creating awareness, coordination and collaboration, record maintenance; as well as monitoring the implementation of the law.
Although, India has one of the highest numbers of laws on women’s rights, there have been limited attempts at monitoring and evaluating the implementation of such laws. There have, however, been some individual studies assessing the impact of laws, which have mostly been conducted by civil society or research organizations. Relevant to the context of VAW is the Lawyers Collective’s six-year long initiative to monitor the implementation of the Protection of Women from Domestic Violence Act, 2005 (PWDVA) (2007-2012).
The Lawyers Collective (Women’s Rights Initiative) (LCWRI), which played a significant role in drafting the PWDVA in consultation with women’s groups from across the country, commenced its monitoring activities in 2007-- a year after the PWDVA was brought into effect. Data for monitoring implementation was compiled from nodal agencies of state governments, by interviewing implementing agencies and surveying ‘Knowledge, Attitude
4 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
and Practices’ (KAP)(KAP Surveys were conducted in collaboration with the International Center for Research on Women). Additionally, the LCWRI collected and analyzed court orders granted under the PWDVA and decisions of the higher judiciary to assess how the PWDVA is being enforced and interpreted by courts.
How to use this resource tool
This compilation draws on LCWRI’s experience of monitoring the PWDVA over the last five 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 Government to monitor measures taken by State Governments to comply with obligations under the PWDVA. The Monitoring Tool may also be used by State Governments to compile and present information collected from implementing and enforcement agencies. Details on how to use this tool is provided in Chapter 3.
• Evaluation Framework (Chapter 5) lists key and sub questions for assessing relevance, effectiveness, efficiency, impact and sustainability of measures taken to implement the PWDVA. The framework also sets out ‘criteria for judgment’ and methods for collecting data to answer key and sub questions. This framework can be used by entities commissioned to conduct evaluations or independent authorities seeking to assess implementation measures taken under the PWDVA. It can also be used by implementing agencies to contextualize and assess data 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 and implementation mandates.
Terms used in the Monitoring and Evaluation Frameworks are explained under the section ‘Acronyms and Glossary’.
This compilation has been prepared with for the specific purpose of guiding monitoring and evaluation exercises. However, users may also consult LCWRI’s range of other publications on the PWDVA and resources mentioned in the last section on ‘Resources’.
Compilations of this scope require to be regularly updated in light of legal and other developments. It is therefore, suggested that persons conducting such exercises keep abreast of case law evolved by the higher judiciary, as well as guidelines/protocols/instructions/orders issued by supervising authorities and other implementing agencies.
5Introduction
Ethical issues while monitoring and evaluating the implementation of the PWDVA
In fact the major source of information for monitoring the PWDVA is the documentation maintained by various implementing agencies. The major advantage of tracking legislative implementation is that there is a body of existing documentation, which can be compiled for review.
Documentation that shall be reviewed while monitoring and evaluating the PWDVA are most likely to be in the public domain, such as activity registers, reports prepared by PWDVA agencies, court orders and documentation of court proceedings, etc. However, it is essential that strict confidentiality be maintained over the identity of victim/survivors at all times so that the safety and privacy of victim/survivors is not compromised or affected adversely.
7Implementing the PWDVA
Since monitoring and evaluating is aimed at assessing the implementation of a law it is important to fi rst accurately identify the objectives of the law and the mechanisms and procedures prescribed therein to meet these objectives. The second step is to identify and examine administrative steps taken to give effect to the law, such as policy directives and action plans/strategies, budgetary allocations, protocols issued by implementing agencies, etc. The third step is to examine orders granted by courts to examine the outcomes of implementation measures undertaken.
This chapter undertakes these three steps to set the context for the Monitoring and Evaluation Frameworks provided in the subsequent chapters.
PWDVA
In India, prior to 2005, domestic violence was addressed primarily under criminal law, namely Section 498A of the Indian Penal Code. However, due to its limited scope and coverage and the lack of civil remedies, the Protection of Women from Domestic Violence Act, 2005 (PWDVA) was enacted to recognize women’s rights to civil reliefs in situations of domestic violence and to recognize women’s right to reside in the shared household. The PWDVA defi nes ‘domestic violence’ in a comprehensive manner and covers all women in domestic relationships living in a shared household.
Orders available to victim/survivors of domestic violence under the PWDVA include:
• Protection orders – civil injunctive orders to stop and prevent acts of domestic violence, as well as acts adversely affecting legitimate rights and interests of victim/survivors.
• Residence orders - to prevent victim/survivors’ illegal dispossession and prevent any acts that impact on her peaceful occupation of the shared household.
• Orders for monetary reliefs - to reimburse actual expenses incurred due domestic violence (e.g. medical expenses, loss of earnings) as well as maintenance.
Implementing the PWDVA
Chapter 2
8 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
• Orders granting temporary custody of children.
• Compensation orders – for mental trauma and emotional distress caused to the victim/survivor as a result of acts of domestic violence.
By empowering courts to grant these orders, the PWDVA attempts to build more equal relationships within the home. It can be used in addition to other civil laws (e.g. family laws) and criminal laws (e.g. Section 498A of the IPC on cruelty within marriages), thus reducing multiplicity of forums, while simultaneously providing multiple avenues for victim/survivors to seek legal redress.
As the PWDVA recognizes domestic violence as a violation of women’s human rights, it provides for a mechanism or infrastructure to facilitate women’s access to justice and support services. The nodal agency of the State Government (e.g. the Department of Women and Child Development or the Department of Social Welfare) is vested with the responsibility of putting in place the mechanism under the PWDVA.
Although the law is primarily civil in nature, applications for reliefs primarily lies with Magistrates of criminal courts. Hence, the criminal justice system, including criminal courts, lawyers and the police are implicated in the enforcement 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 Officers- the key implementing agency under the PWDVA. They are appointed to receive complaints from victim/survivors and record ‘Domestic Incident Reports’ (DIR); provide information on available legal rights and remedies; and facilitate victim/survivors’ access to justice and support services. Additionally, the Protection Officer is also required to assist the court in serving notices, collecting evidence, and enforcing orders. They are also required to coordinate between other PWDVA agencies.
• Service Providers- in recognition of the pivotal role-played by women’s organizations and women’s NGOs, Section 10 of the PWDVA allows for the registration of voluntary organizations or companies as ‘Service Providers.’ Organizations that can be registered are those providing services to women, such as counseling, shelter, medical aid, legal aid, financial support, etc. Service Providers are required to provide assistance to victim/survivors by recording DIRs, and facilitating their access to other support services, e.g. medical aid and shelter. The PWDVA protects actions taken in good faith by Service Providers.
• Medical Facilities- the PWDVA empowers State Governments to notify medical facilities. Once notified, Medical Facilities are authorized to record DIRs and are duty bound to provide services victim/survivors.
9Implementing the PWDVA
MF SH PO SP Police
Victim
Lawyer
Nodal Department
Magistrate
• Shelter Homes- akin to medical facilities, State Governments are also required to notify Shelter Homes. Once notified, shelter homes cannot refuse to provide services to victim/survivors.
• Police- although the police have a limited role in the implementation of the PWDVA, they are duty bound to provide information on available rights and remedies, facilitate victims’/survivors’ access to Protection Officers, initiate criminal proceedings when appropriate, and act on the directions of the court to assist in the enforcement of orders or provide assistance to Protection Officers and Service Providers.
• Lawyers and Legal Service Providers- provide legal representation in court to victim/survivors filing applications under the PWDVA.
• Magistrates- applications under the PWDVA are primarily filed before Magistrates. Magistrates are empowered to grant orders under the PWDVA and order the police and Protection Officers to collect evidence and assist in the enforcement of orders. Magistrates may also refer cases for counseling to Service Providers during the course of legal proceedings.
Additionally, the nodal agency of the Central and State Governments have the responsibility of ensuring that adequate infrastructure is provided to Protection Officers, ensure effective coordination, prepare protocols for service delivery, provide periodic trainings to PWDVA agencies, create awareness on the law, and allocate funds for implementation.
Box 2
10 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
The organogram in Box 2 shows the manner in which PWDVA agencies are required to function.
As depicted in the organogram, a victim may approach one or more agencies to access assistance under the PWDVA. Equally, in recognition of the fact that victim/survivors of domestic violence require more than legal aid to support them during litigation, the law enables the creation of a coordinated multi-agency service delivery system for victim/survivors.
Methods of implementation under the PWDVA
Duties of PWDVA agencies arise at different stages, which may be categorized as follows:
• Putting in place infrastructure under the PWDVA- As mentioned earlier, the State Governments are required to establish the infrastructure under the PWDVA. This is to be done by appointing Protection Officers, registering Service Providers and notifying Shelter Homes and Medical Facilities. To ensure effective functioning and coordination between PWDVA agencies, the nodal agencies are required to provide trainings and develop protocols to ensure coordinated service delivery.
• Pre-litigation stage- A complaint of domestic violence may be received by Protection Officers, Service Providers, Medical Facilities and the police. Protection Officers, Service Providers and Medical Facilities are empowered to record DIRs. PWDVA agencies are required to provide information to the victim/survivor of her rights and remedies and facilitate her access to support services (e.g. shelter, medical aid, counseling, legal aid). They are also required to assist victim/survivors file applications under the PWDVA in courts against ‘respondents’ or persons alleged to have committed domestic violence.
• Litigation stage- Once an application is filed before the Magistrate, he/she can order Protection Officers to make enquiries, conduct home visits and serve notices. Magistrates may also refer matters for counseling, as per the procedure laid down in Rule 14 of the Protection of Women from Domestic Violence Rules (PWDVR). Magistrates may order the police or Service Providers to assist Protection Officers or provide assistance directly to court. The litigation stage ends with either the grant or rejection of orders applied for by the victim/survivor.
• Enforcement stage- After an order has been granted by courts, Protection Officers and the police may be directed to ensure that such orders are enforced. Applications for alteration or modification of court orders may be filed by either of the parties (victim/survivors and respondents). Victim/survivors may also apply for discharging the order granted. Both parties are allowed to file appeals against orders granted. Breach of court orders is a punishable offence. In cases of breach, victim/survivors may initiate criminal proceedings against the respondent.
11Implementing the PWDVA
Key questions for monitoring and evaluating the implementation of the PWDVA
Monitoring and evaluating the implementation of the PWDVA requires an enquiry 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 women’s human rights and not merely as a matter of a family dispute.
• To put in place an infrastructure that facilitates women’s access to timely court orders as provided under the PWDVA and to ensure that court orders are enforced.
• To put in place an enabling environment by making provision for a range of support services, which are easily accessible to victim/survivors and are delivered in a coordinated and efficient 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 a gender 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 following categories or ‘Monitoring Focus’:
1. Infrastructure established under the PWDVA.
2. Nature of office assistance and support provided to Protection Officers and other PWDVA agencies to perform their duties under the PWDVA.
International Principles on Effective Implementation of Laws on Domestic Violence
• Zero tolerance of domestic violence
• Legal provisions to protect women, including provisions on reliefs and remedies
• Provisions facilitating access to justice and support services
• Implementation of laws in a manner that gives effect to women’s agency
• Effective implementation measures including links with action plans/strategies/policies, adequate budgetary allocations, preparation of protocols, provisions for training and capacity development of enforcement agencies
• Measures for prevention including awareness creation, publicity campaigns, etc.
Adapted from the UN Handbook on Legislative Approaches to VAW
Box 3
12 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
3. Functioning of Protection Officers.
4. Methods of coordination between implementing agencies and service delivery mechanisms.
5. Methods of record keeping by PWDVA agencies, of activities conducted under 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 PWDVA’s objectives and State obligations, the following key questions require examination:
1. To what extent has the PWDVA enabled the recognition of domestic violence as a violation of women’s 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 PWDVA adequate in meeting the needs of victim/survivors?
4. Is the infrastructure put in place under the PWDVA effective in creating an 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 assistance to 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 efficient 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 on preventing domestic violence?
11. Are the methods of establishing infrastructure under the PWDVA sustainable?
12. Are victim/survivors able to sustain themselves during legal proceedings?
13Implementing the PWDVA
Challenges to monitoring and evaluating the PWDVA
The PWDVA is a relatively recent enactment hence implementation methods and practices are still evolving. There are, however, variations in implementation practices adopted, as establishing infrastructure is left to the discretion of State Government. The Indian Constitution being partly federal in nature leaves the implementation of central legislation to states. State Governments may, therefore, adopt diverse methods of establishing infrastructure under the PWDVA, best suited to the local context. (For more details on practices adopted by states see the LCWRI Manual on Best Practices under the PWDVA January, 2013). Though variations are inevitable, which may impede easy national level comparisons, each variation requires to be evaluated to assess whether or not it gives effect to statutory objectives and the spirit of the law.
Of particular significance to the current context, is the lack of uniformity in the manner and method of maintaining documentation by implementing agencies, which may result in inadequate monitoring of data. To overcome this lacuna, it is essential that State Governments systematize and harmonize methods of record keeping and documentation, as well as systematically collect data on domestic violence and the impact of implementation measures on incidence levels.
It is also essential that there is uniform implementation of the PWDVA to the extent possible, so that minimum standards of efficiency and service delivery are met. This requires central guidelines setting minimum standards of implementation and a national action plan to ensure adherence to such standards. Further, there is an urgent need for protocols on various aspects associated with the implementation of the law such as methods of providing trainings, coordination and maintaining referral networks, counseling, case management by implementing agencies, etc. These will further improve the manner in which the law is implemented and will, in turn, allow for more effective monitoring and evaluation of the law.
15Framework for Monitoring the PWDVA
The PWDVA was enacted to provide protection to victim/survivors of domestic violence by:
• Recognizing domestic violence as a human rights violation and women’s right to reside in the shared household.
• Recognizing women’s rights to civil orders—protection orders, residence orders, orders for monetary relief and temporary custody of children and compensation orders—and treating the breach of orders as a criminal offence.
• Outlining a procedure for obtaining orders in an effi cacious manner.
• Establishing an infrastructure to facilitate women’s access to justice and support services.
• Requiring that implementing and enforcing agencies work in a coordinated manner to provide multi-agency and gender sensitive responses to victim/survivors.
Reliefs under the PWDVA are meant to be in addition to reliefs and remedies available under other existing laws such as Section 498A of the Indian Penal Code on cruelty within marriages. Obligations of the State to implement the PWDVA are:
1. To establish an infrastructure to facilitate women’s access to justice and support services and to assist the court in the discharge of its functions. In this regard state governments are required to
a. Appoint Protection Offi cers (Section 8), register Service Providers (Section 10), notify Medical Facilities (Section 2(j)) and Shelter Homes (Section 2(t))
b. Provide necessary offi ce assistance to Protection Offi cers to discharge their duties effi ciently (Rule 3(5))
2. Ensure effective coordination between services provided by different ministries and periodically review steps taken to address issues of domestic violence (Section 11 (c))
3. Prepare protocols for service delivery, including court services (Section 11(d))
Framework for Monitoring the PWDVA
Chapter 3
16 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
4. Provide periodic trainings and develop capacity of implementing agencies, including the police and judicial officers on issues covered under 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 the Central Government to monitor measures taken by State Governments to comply with obligations under the PWDVA. State Governments may use this tool to compile information received from PWDVA and other agencies on implementing the law.
Information collected by using the Monitoring Tool is categorized under 8 focus areas. In addition to the information required in the tool, the following points must be borne in mind while filling in the Monitoring Tool:
• The Reporting Period must be clearly mentioned. Monitoring PWDVA implementation must be conducted on an annual basis, at a minimum.
• Persons filling in information in this tool/format must provide their names, designation, department and contact details to identify themselves and to facilitate follow ups.
• Persons filling in information in this tool/format must also provide basic demographic information of the state to allow the supervising authorities contextualize information received and facilitate evaluations. 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 and Health Surveys etc.
• Copies of relevant protocols/government orders/advisories/instructions/public advertisement/reporting formats and other relevant documents should be appended to the completed form.
• Service/personnel/cadre rules relevant to appointments made under the PWDVA must be mentioned or provided where relevant.
• While filling in the tool/format, efforts must be made to fill in all sections and not leave any blanks. Instances where information is either not available or not applicable should be recorded accordingly.
• Completed forms must be signed; and the date and place of signing must be recorded.
17Framework for Monitoring the PWDVA
Mon
itor
ing
Tool
Mon
itor
ing
focu
s 1:
Inf
rast
ruct
ure
esta
blis
hed
unde
r th
e PW
DVA
1. P
rote
ctio
n Of
ficer
s
a. T
otal
Num
ber
of P
rote
ctio
n Of
ficer
s ap
poin
ted:
b. N
umbe
r of
Pro
tect
ion
Offic
ers
appo
inte
d in
the
rep
orti
ng p
erio
d:
c. A
dmin
istr
ativ
e le
vels
at
whi
ch a
ppoi
ntm
ents
are
mad
e an
d nu
mbe
rs:
Stat
e: _
____
____
_ Di
stric
t: _
____
____
_ Bl
ock:
___
____
____
Any
oth
er (
plea
se s
peci
fy):
____
____
____
____
____
____
____
__
d. D
etai
ls o
f ap
poin
tmen
ts
(Fill
in t
o th
e ex
tent
app
licab
le.
Whe
n no
t ap
plic
able
, pl
ease
rec
ord
‘NA’.
In
case
s w
here
cad
re r
ules
exi
st t
o re
gula
te t
enur
e an
d se
lect
ion
crit
eria
, pl
ease
men
tion
the
rel
evan
t ru
les
and
prov
isio
n.
Natu
re o
f ap
poin
tmen
t Nu
mbe
rsDe
sign
atio
n/Gr
ade
Pay
scal
eTe
nure
of
serv
ice
Othe
r po
sts
held
Sele
ctio
n cr
iter
ia(E
.g.
educ
atio
n/qu
alifi
cati
ons
and
expe
rienc
e)
Leve
l(D
istr
ict/
Bloc
k/an
y ot
her)
Num
ber
(Ran
ge
of c
ourt
s se
rvic
ed)
Mal
eFe
mal
eTo
tal
Gove
rnm
ent
serv
ants
wit
h ad
diti
onal
cha
rge
Gove
rnm
ent
serv
ants
wit
h in
depe
nden
t ch
arge
Appo
intm
ents
on
cont
ract
ual
basi
sSe
para
te c
adre
of
Prot
ecti
on
Offic
ers
Any
othe
r
18 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
Mon
itor
ing
focu
s 1:
Inf
rast
ruct
ure
esta
blis
hed
unde
r th
e PW
DVA
2. S
ervi
ce P
rovi
ders
a. T
otal
num
ber
regi
ster
ed:
b. T
otal
num
ber
of S
ervi
ce P
rovi
ders
reg
iste
red
in t
he r
epor
ting
per
iod:
c. D
etai
ls o
f re
gist
rati
on:
Kind
of
SP r
egis
tere
d(E
.g.
NGO,
NGO
wit
h FC
C,
Shel
ter
hom
e, le
gal a
id
prov
ider
s, c
ouns
elin
g se
rvic
e pr
ovid
ers)
Tota
l num
ber
regi
ster
edSt
atus
of
serv
ice
prov
ider
s(N
umbe
rs)
Met
hod
of r
egis
trat
ion
(By
noti
ficat
ion,
ap
plic
atio
ns in
vite
d,
etc.
)
Sele
ctio
n cr
iter
iaAr
ea S
ervi
ced
(Lev
el,
Area
s co
vere
d, r
ural
/ur
ban)
Fully
fu
nded
by
Stat
e
Part
ially
fu
nded
by
Stat
e
No s
tate
fu
ndin
g
19Framework for Monitoring the PWDVA
Mon
itor
ing
focu
s 1:
Inf
rast
ruct
ure
esta
blis
hed
unde
r th
e PW
DVA
3. N
otifi
cati
on o
f m
edic
al f
acili
ties
and
she
lter
hom
es
a. D
etai
ls o
f no
tifie
d fa
cilit
ies
Tota
l num
ber
noti
fied
Num
ber
noti
fied
in
the
repo
rtin
g pe
riod
Leve
l/Ar
eas
cove
red
Desc
ript
ion
of u
nit
(cap
acit
y, f
acili
ties
and
ser
vice
s av
aila
ble)
Ple
ase
men
tion
if f
ree
serv
ices
are
ava
ilabl
e.
If n
ot,
plea
se p
rovi
de in
form
atio
n on
cha
rges
pay
able
an
d if
the
re a
re a
ny m
inim
um/m
axim
um c
eilin
gs
pres
crib
ed
Stat
eDi
stric
tBl
ock
Any
othe
r
Med
ical
fac
ility
(E.g
. Cl
inic
s, h
ospi
tals
, ce
nter
s)
Gove
rnm
ent
med
ical
fac
ility
Priv
ate
Med
ical
fac
ility
Any
othe
r
Shel
ter
hom
e(E
.g. s
hort
sta
y ho
mes
, Ple
ase
also
pro
vide
info
rmat
ion
on s
chem
es t
hat
fund
suc
h fa
cilit
ies
and
othe
r se
rvic
es
avai
labl
e in
suc
h un
its)
Stat
e fu
nded
/run
Priv
atel
y fu
nded
/run
Any
othe
r
20 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
Mon
itor
ing
focu
s 2:
Ass
ista
nce
prov
ided
to
PWDV
A Ag
enci
es
1. D
etai
ls o
f of
fice
assi
stan
ce p
rovi
ded
to P
rote
ctio
n Of
ficer
s
Desc
ript
ion
of P
rote
ctio
n Of
ficer
sLe
vel
Offic
e sp
ace
prov
ided
(Yes
/No)
Staf
fLi
st o
f ot
her
enti
ties
pro
vide
d (Y
es/N
o)Na
ture
of
finan
cial
as
sist
ance
and
de
scri
ptio
n
Any
othe
r fo
rm
of s
uppo
rt
If y
es,
plea
se
prov
ide
desc
ript
ion
of
loca
tion
Desc
ript
ion
(E.g
. da
ta e
ntry
op
erat
or,
hom
e gu
ards
)
No.
Service Providers
Medical facilities
Shelter homes
Counselors
Allowances (amount)
Reimbursement for expenses
Any other
(E.g
. ve
hicl
es,
phon
es,
com
pute
rs,
lega
l cou
nsel
, et
c.)
Gove
rnm
ent
serv
ants
wit
h ad
diti
onal
cha
rge
Gove
rnm
ent
serv
ants
wit
h in
depe
nden
t ch
arge
Appo
inte
d on
con
trac
t
Sepa
rate
cad
re o
f Pr
otec
tion
Of
ficer
s
Any
othe
r
21Framework for Monitoring the PWDVA
Mon
itor
ing
focu
s 2:
Ass
ista
nce
prov
ided
to
PWDV
A Ag
enci
es
2. D
etai
ls o
f as
sist
ance
pro
vide
d to
any
oth
er a
genc
y fo
r pe
rfor
min
g th
eir
duti
es u
nder
the
PW
DVA
(a)
Deta
ils o
f as
sist
ance
pro
vide
d to
Ser
vice
Pro
vide
rs
Nat
ure
of a
ssis
tanc
eDe
scri
ptio
n/De
tails
Offic
e as
sist
ance
Conv
eyan
ce
List
and
con
tact
det
ails
of
Prot
ecti
on O
ffice
rs a
nd
othe
r en
titi
es
Fund
s fo
r pe
rfor
min
g du
ties
und
er t
he P
WDV
A
Reim
burs
emen
ts f
or e
xpen
ses
unde
rtak
en
Any
othe
r
(b)
Is t
here
any
form
of as
sist
ance
pro
vide
d to
not
ified
Med
ical
Fac
iliti
es a
nd S
helter
Hom
es t
o pe
rfor
m t
heir
duti
es u
nder
the
PW
DVA?
If ye
s, p
leas
e pr
ovid
e de
scrip
tion
and
det
ails
.
22 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
Mon
itor
ing
Focu
s 3:
Fun
ctio
ning
of
Prot
ecti
on O
ffice
rs
1. F
acili
tati
ng a
cces
s to
just
ice
Aver
age
num
ber
of a
ggrie
ved
pers
ons
atte
nded
to
in a
mon
thNu
mbe
r of
DIR
s re
cord
ed in
the
re
port
ing
perio
dNu
mbe
r of
app
licat
ions
file
d in
th
e re
port
ing
perio
dNu
mbe
r of
com
plai
nts
of b
reac
h of
or
ders
rec
eive
d
Prot
ecti
on O
ffice
rs a
t th
e bl
ock
leve
l
Prot
ecti
on O
ffice
rs a
t th
e Di
stric
t le
vel
Any
othe
r Pr
otec
tion
Offi
cer
Serv
ice
Prov
ider
s
Med
ical
Fac
iliti
es
Any
othe
r en
titi
es d
ealin
g w
ith
aggr
ieve
d pe
rson
s
23Framework for Monitoring the PWDVA
Mon
itor
ing
Focu
s 4:
Coo
rdin
atio
n be
twee
n im
plem
enti
ng a
genc
ies
and
serv
ice
deliv
ery
mec
hani
sms
(1)
Refe
rral
sys
tem
s- p
leas
e pr
ovid
e th
e nu
mbe
r of
ref
erra
ls m
ade
and
rece
ived
by
Prot
ecti
on O
ffice
rs in
the
rep
orti
ng p
erio
d
Refe
rrin
g ag
ency
Num
ber
of r
efer
rals
mad
e to
POs
Num
ber
of r
efer
rals
rec
eive
d by
POs
Polic
e
Serv
ice
Prov
ider
sM
edic
al F
acili
ties
Shel
ter
hom
es
NGOs
Law
yers
Cour
tsAn
y ot
her
(2)
Coor
dina
tion
Com
mit
tees
Leve
lN
umbe
rCo
nsti
tuti
on o
f co
ordi
nati
on
com
mit
tees
/age
ncie
s re
pres
ente
d
Date
of
cons
titu
tion
and
m
anne
r of
con
stit
utin
gN
umbe
r of
mee
ting
s in
re
port
ing
peri
odDe
scri
ptio
n of
act
ivit
ies
unde
rtak
en a
nd c
omm
ents
Stat
eDi
stric
t
Bloc
kAn
y ot
her
(3)
Guid
elin
es o
n co
ordi
nati
on
Has
the
Stat
e Go
vern
men
t or
any
oth
er e
ntity
(e.g
. pol
ice,
Sta
te L
egal
Ser
vice
s Bo
ard,
cou
rts)
issu
ed a
ny g
uide
lines
/pro
toco
ls/a
dvis
orie
s/in
stru
ctio
ns t
o en
sure
coo
rdin
atio
n be
twee
n im
plem
enting
age
ncie
s an
d se
rvic
e de
liver
y? I
f yes
, ple
ase
prov
ide
desc
riptio
n be
low
and
att
ach
copi
es
24 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
Mon
itor
ing
Focu
s 5:
Doc
umen
tati
on a
nd r
epor
ting
on
wor
k do
ne t
o ad
dres
s do
mes
tic
viol
ence
und
er t
he P
WDV
A
(1)
Wha
t ki
nd o
f re
cord
s ar
e th
e fo
llow
ing
enti
ties
req
uire
d to
mai
ntai
n:
Desc
ript
ion
of r
ecor
ds m
aint
aine
d (E
.g.
DIR
Inde
x, e
ntry
reg
iste
rs,
visi
tors
’ reg
iste
rs,
inta
ke r
egis
ters
)
Prot
ecti
on O
ffice
rs
Serv
ice
Prov
ider
s
Any
othe
r
(2)
Has
the
Sta
te G
over
nmen
t is
sued
any
pro
toco
ls f
or m
aint
aini
ng d
ocum
enta
tion
for
wor
k do
ne u
nder
the
PW
DVA?
If
yes,
ple
ase
prov
ide
desc
ript
ion
and
prov
ide
copi
es.
(3)
Repo
rtin
g an
d m
etho
d
Desi
gnat
ion
of p
erso
n re
port
ed t
oM
etho
d of
rep
orti
ng a
nd f
requ
ency
(E.g
. su
bmis
sion
of
quar
terly
rep
orts
, or
al r
epor
ting
at
mee
ting
s, e
tc.)
Prot
ecti
on O
ffice
r at
the
Blo
ck le
vel
Prot
ecti
on O
ffice
r at
the
dis
tric
t le
vel
Any
othe
r Pr
otec
tion
Offi
cer
Serv
ice
Prov
ider
Any
othe
r en
titi
es r
epor
ting
to
the
noda
l ag
ency
und
er t
he P
WDV
A
25Framework for Monitoring the PWDVA
Mon
itor
ing
Focu
s 6:
Tra
inin
gs a
nd c
apac
ity
deve
lopm
ent
1. D
etai
ls o
f tr
aini
ngs
prov
ided
in t
he r
epor
ting
per
iod
Date
, na
me
and
loca
tion
of
the
even
t
Profi
le o
f at
tend
ees
and
num
bers
(E
.g.
dist
rict
leve
l Pro
tect
ion
Offic
ers,
pol
ice,
Ser
vice
Pro
vide
rs,
law
yers
, et
c.)
Profi
le o
f tr
aine
rsIs
sues
cov
ered
in
the
trai
ning
Mat
eria
ls
dist
ribu
ted
Any
asse
ssm
ent
of t
he
trai
ning
con
duct
ed?
(E.g
. pr
e an
d po
st w
orks
hop
capa
city
ass
essm
ents
)
Any
follo
w-u
p to
the
tr
aini
ng?
2. F
unct
iona
ries
rec
eivi
ng t
rain
ings
and
num
bers
Agen
cyN
umbe
r Re
ceiv
ing
trai
ning
in
the
repo
rtin
g pe
riod
Prot
ecti
on O
ffice
rsSe
rvic
e Pr
ovid
ers
Med
ical
/hea
lth
prof
essi
onal
s
Coun
selo
rsPo
lice
Mag
istr
ates
and
oth
er ju
dici
al o
ffice
rsAn
y ot
her
3. I
s th
ere
any
form
of
ongo
ing
trai
ning
s pr
ovid
ed t
o an
y ag
ency
on
perf
orm
ing
thei
r ro
les
unde
r th
e PW
DVA?
4. W
hat
kind
of
info
rmat
ion
is m
ade
avai
labl
e to
Pro
tect
ion
Offic
ers
to e
quip
the
m t
o pe
rfor
m t
heir
rol
e un
der
the
PWDV
A?
5. A
ny o
ther
act
ivit
ies
unde
rtak
en b
y th
e St
ate
Gove
rnm
ent
to d
evel
op c
apac
ity
of P
rote
ctio
n Of
ficer
s, S
ervi
ce P
rovi
ders
, po
lice,
law
yers
/leg
al a
id p
rovi
ders
, ju
dges
, he
alth
pr
ofes
sion
als,
NGO
s, s
helt
er s
ervi
ce p
rovi
ders
, et
c. o
n th
e PW
DVA
and
issu
es a
ddre
ssed
by
it?
26 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
Mon
itor
ing
Focu
s 7:
Pub
licit
y an
d aw
aren
ess
crea
tion
1. M
easu
res
take
n to
pub
liciz
e na
mes
and
con
tact
det
ails
of
enti
ties
und
er t
he P
WDV
A
Publ
icat
ion
in p
rint
med
ia/
new
spap
ers
and
freq
uenc
yLi
st o
f PW
DVA
agen
cies
di
spla
yed
in g
over
nmen
t w
ebsi
teLi
st o
f PW
DVA
agen
cies
di
spla
yed
in p
olic
e st
atio
ns,
tehs
il of
fice,
pol
ice
cont
rol
room
s, g
over
nmen
t ho
spit
als.
Pl
ease
spe
cify
Any
othe
r m
etho
ds u
sed
Prot
ecti
on O
ffice
rs
Serv
ice
Prov
ider
s
Med
ical
Fac
iliti
es
Shel
ter
Hom
es
Polic
e Pe
rson
nel
Any
othe
r
2. D
etai
ls o
f IE
C ac
tivi
ties
Natu
re o
f pr
ogra
m/
publ
icat
ion
Reac
h/co
vera
geNu
mbe
r of
pro
gram
s/ac
tivi
ties
Cont
ent/
Mes
sage
Eval
uati
on o
f Im
pact
Radi
o
Hoa
rdin
gs
Elec
tron
ic M
edia
New
spap
er a
nd P
rint
M
edia
Awar
enes
s Ca
mpa
igns
Any
othe
r
27Framework for Monitoring the PWDVA
Mon
itor
ing
Focu
s 8:
Allo
cati
on o
f fu
nds
for
the
impl
emen
tati
on o
f th
e PW
DVA
1. I
s th
ere
a se
para
te b
udge
t fo
r th
e im
plem
enta
tion
of
the
PWDV
A? I
f ye
s, is
the
bud
get
prov
ided
thr
ough
a S
tate
Pla
n Sc
hem
e or
is t
here
any
oth
er m
ode
of f
undi
ng?
If n
o,
how
are
exp
ense
s un
der
the
PWDV
A m
et?
2. I
f th
ere
is a
sep
arat
e bu
dget
for
the
PW
DVA,
ple
ase
prov
ide
the
follo
win
g in
form
atio
n
Bu
dget
est
imat
e fo
r th
e re
port
ing
perio
d: _
____
____
____
__
Re
vise
d es
tim
ate
figur
es f
or t
he la
st y
ear:
___
____
____
____
Ac
tual
figu
re f
or t
he la
st t
o la
st y
ear:
____
____
____
___
3. P
leas
e pr
ovid
e in
form
atio
n on
allo
cati
ons
mad
e un
der
the
follo
win
g sp
ecifi
c co
mpo
nent
s
Spec
ific
head
Amou
ntPr
otec
tion
Offi
cer
Sala
ry o
f PO
and
sta
ff t
o as
sist
PO
Offic
e eq
uipm
ent
Tran
spor
t an
d co
nvey
ance
Any
othe
r al
low
ance
s to
POs
for
per
form
ing
thei
r du
ties
Serv
ice
Prov
ider
sM
edic
al f
acili
ties
Shel
ter
hom
es
Awar
enes
s cr
eati
on a
ctiv
itie
sTr
aini
ng a
nd c
apac
ity
build
ing
of e
ntit
ies
Coor
dina
tion
Any
othe
r
4. I
f ex
pend
itur
e w
as lo
w, w
hat
wer
e th
e re
ason
s fo
r th
is?
5. D
o yo
u th
ink
that
the
agg
rega
te b
udge
t is
ade
quat
e? A
lso,
are
the
re a
ny s
peci
fic c
ompo
nent
s fo
r w
hich
the
re a
re le
ss a
lloca
tion
or
whi
ch a
re c
ompl
etel
y m
isse
d ou
t?
29Evaluation Framework on Implementing the PWDVA
The Evaluation Framework below may be used to assess progress made in attaining statutory goals under the PWDVA. To conduct a holistic evaluation, it is essential that in addition to examining information compiled as a consequence of monitoring the law, evaluating agencies also conduct additional research, particularly by interviewing PWDVA agencies and supervising agencies, other service providers (legal service and counseling service providers) and members of the criminal justice system, as well as benefi ciaries (victim/survivors who have used the PWDVA or sought assistance from any PWDVA agency).
The Evaluation Framework can be used as a whole or tailored to meet specifi c evaluation objectives. It can be used by agencies commissioned to conduct evaluations or by independent entities seeking to assess progress of PWDVA implementation. Evaluations should be conducted on a regular basis to complement monitoring initiatives.
Key questions in the Evaluation Framework are categorized under evaluation criteria of relevance, effectiveness, effi ciency, impact and sustainability.
Evaluation Framework on Implementing the PWDVA
Chapter 4
30 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
Eval
uatio
n cr
iteria
: Rel
evan
ce
Key
ques
tion
sSu
b-qu
esti
ons
Crit
eria
for
judg
men
tSo
urce
s of
dat
a/M
etho
ds o
f
data
col
lect
ion
1. T
o w
hat
exte
nt h
as t
he P
WDV
A en
able
d th
e re
cogn
itio
n of
do
mes
tic
viol
ence
as
a vi
olat
ion
of w
omen
’s co
nsti
tuti
onal
rig
hts?
2. T
o w
hat
exte
nt h
as t
he P
WDV
A m
et t
he n
eeds
of
vict
im/
surv
ivor
s?
a. I
s th
ere
any
incr
ease
d re
port
age
of c
ases
in
volv
ing
dom
esti
c vi
olen
ce?
b. T
o w
hat
exte
nt h
as t
he P
WDV
A be
en a
ble
to a
ddre
ss t
he c
once
rns
of w
omen
fac
ing
dom
esti
c vi
olen
ce?
c. W
hat
are
the
adva
ntag
es/d
isad
vant
ages
of
usin
g th
e PW
DVA
whe
n co
mpa
red
to p
ursu
ing
rem
edie
s av
aila
ble
unde
r ot
her
law
s? (
E.g.
m
aint
enan
ce u
nder
Sec
tion
125
CrP
C, d
ivor
ce
on g
roun
ds o
f cr
uelt
y un
der
mar
riage
law
s,
inju
ncti
on o
rder
s un
der
the
CPC,
cri
min
al
rem
edie
s un
der
the
Dow
ry P
rohi
biti
on A
ct a
nd
the
IPC)
d. I
s th
ere
any
furt
her
law
ref
orm
req
uire
d to
pr
otec
t w
omen
fro
m d
omes
tic
viol
ence
?
• In
crea
se in
the
num
ber
of c
ases
file
d in
co
urts
to
addr
ess
dom
esti
c vi
olen
ce.
• In
crea
se in
the
num
ber
of a
pplic
atio
ns
filed
und
er t
he P
WDV
A.
• Th
e PW
DVA
redu
ces
mul
tipl
icit
y of
fo
rum
s fo
r vi
ctim
/sur
vivo
rs
• In
crea
se in
the
num
ber
of w
omen
ap
proa
chin
g Pr
otec
tion
Offi
cers
, Se
rvic
e Pr
ovid
ers,
pol
ice,
NGO
s, t
elep
hone
hel
p-lin
es,
law
yers
, et
c. t
o se
ek a
ssis
tanc
e in
ca
ses
of d
omes
tic
viol
ence
.
C
ourt
rec
ords
and
doc
umen
tati
on o
n th
e nu
mbe
r of
cas
es fi
led
unde
r th
e PW
DVA
incl
udin
g or
ders
gra
nted
by
Mag
istr
ates
’ an
d ot
her
cour
ts.
D
ocum
enta
tion
mai
ntai
ned
by e
ach
of
the
PWDV
A ag
enci
es.
I
nter
view
s w
ith
impl
emen
ting
/en
forc
emen
t ag
enci
es.
I
nter
view
s w
ith
wom
en li
tiga
nts
and
vict
im/s
urvi
vors
of
dom
esti
c vi
olen
ce.
31Evaluation Framework on Implementing the PWDVA
Eval
uatio
n C
riter
ia: E
ffec
tive
ness
Key
ques
tion
sSu
b-qu
esti
ons
Crit
eria
for
judg
men
tSo
urce
s of
dat
a/M
etho
ds o
f
data
col
lect
ion
1. I
s th
e in
fras
truc
ture
put
in
plac
e fo
r th
e im
plem
enta
tion
of
the
PWDV
A ad
equa
te in
mee
ting
th
e ne
eds
of v
icti
m/s
urvi
vors
of
dom
esti
c vi
olen
ce?
2. I
s th
e in
fras
truc
ture
put
in
plac
e un
der
the
PWDV
A ef
fect
ive
in c
reat
ing
an e
nabl
ing
envi
ronm
ent
for
vict
im/
surv
ivor
s to
see
k le
gal r
edre
ss?
Prot
ecti
on O
ffice
rs
a. I
s th
e nu
mbe
r of
Pro
tect
ion
Offic
ers
appo
inte
d ad
equa
te in
mee
ting
the
nee
ds o
f vi
ctim
/su
rviv
ors
and
prov
idin
g as
sist
ance
to
cour
ts?
Wha
t ar
e th
e cr
iter
ia u
sed
to a
sses
s w
heth
er
the
num
ber
of P
rote
ctio
n Of
ficer
s ap
poin
ted
is
adeq
uate
?
b. A
re P
rote
ctio
n Of
ficer
s ea
sily
acc
essi
ble
to
vict
im/s
urvi
vors
of
dom
esti
c vi
olen
ce?
c. I
n ca
ses
whe
re e
xist
ing
gove
rnm
ent
serv
ants
ar
e ve
sted
wit
h ad
diti
onal
cha
rge
as P
rote
ctio
n Of
ficer
s, w
hat
are
thei
r ot
her
resp
onsi
bilit
ies
and
how
doe
s th
at im
pact
on
thei
r av
aila
bilit
y to
vic
tim
/sur
vivo
rs a
nd c
ourt
s?
d.
Hav
e th
ere
been
any
incr
ease
s/de
crea
ses
in t
he n
umbe
r of
Pro
tect
ion
Offic
ers
appo
intm
ents
mad
e an
d re
ason
s th
ereo
f?
• Nu
mbe
r of
Pro
tect
ion
Offic
ers
in
com
pari
son
wit
h th
e
Popu
lati
on,
Crim
e ra
tes
on o
ffen
ces
agai
nst
wom
en a
nd
Num
ber
of c
ourt
s to
be
atte
nded
by
Prot
ecti
on O
ffice
rs.
• Of
fices
of
Prot
ecti
on O
ffice
rs a
re lo
cate
d in
pla
ces,
whi
ch a
re e
asily
acc
essi
ble
to
vict
im/s
urvi
vors
.
• Nu
mbe
r of
hou
rs s
pent
by
Prot
ecti
on
Offic
ers
to c
ompl
y w
ith
thei
r du
ties
un
der
the
PWDV
A is
ade
quat
e.
• Vi
ctim
/sur
vivo
rs a
re s
atis
fied
wit
h th
e pe
rfor
man
ce o
f Pr
otec
tion
Offi
cers
.
C
ensu
s re
port
s
C
rim
e re
port
s an
d NC
RB a
nd N
HFS
re
port
s
G
over
nmen
t ci
rcul
ars/
orde
rs/
guid
elin
es/n
otes
spe
cify
ing
sele
ctio
n cr
iter
ia f
or a
ppoi
ntm
ent,
juri
sdic
tion
of
Prot
ecti
on O
ffice
rs a
ppoi
nted
and
the
co
urts
the
y ar
e re
quire
d to
att
end.
I
nter
view
s w
ith
mem
bers
of
stat
e go
vern
men
t no
dal a
genc
ies
I
nter
view
s w
ith
Prot
ecti
on O
ffice
rs a
nd
othe
r PW
DVA
agen
cies
.
I
nter
view
s w
ith
vict
im/s
urvi
vors
and
w
omen
liti
gant
s
D
ocum
enta
tion
mai
ntai
ned
by
Prot
ecti
on O
ffice
rs.
32 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
Eval
uatio
n C
riter
ia: E
ffec
tive
ness
Key
ques
tion
sSu
b-qu
esti
ons
Crit
eria
for
judg
men
tSo
urce
s of
dat
a/M
etho
ds o
f
data
col
lect
ion
Serv
ice
Prov
ider
s
e. I
s th
e nu
mbe
r of
Ser
vice
Pro
vide
rs r
egis
tere
d ad
equa
te in
mee
ting
the
nee
ds o
f vi
ctim
/su
rviv
ors
of d
omes
tic
viol
ence
?
f. W
hat
is t
he s
elec
tion
cri
teria
use
d in
re
gist
erin
g Se
rvic
e Pr
ovid
ers?
g. W
hat
is t
he p
roce
ss u
sed
in t
he r
egis
trat
ion
of S
ervi
ce P
rovi
ders
? W
hat
is t
he s
elec
tion
cr
iter
ia a
pplie
d?
h. I
s th
e ra
nge
of s
ervi
ces
prov
ided
by
regi
ster
ed
Serv
ice
Prov
ider
s ap
prop
riate
and
refle
ctiv
e of
the
var
ious
form
s of
sup
port
tha
t vi
ctim
/su
rviv
ors’
need
whi
le s
eeki
ng ju
stic
e?
i. Ar
e th
ere
any
varia
tion
s (i
ncre
ases
or
decr
ease
s) in
the
num
bers
of
Serv
ice
Prov
ider
s re
gist
ered
in t
he r
epor
ting
per
iod?
Wha
t ar
e th
e re
ason
s fo
r su
ch v
aria
tion
s?
j. H
ave
ther
e be
en a
ny e
ffor
ts m
ade
to in
crea
se
the
num
ber
of s
ervi
ce p
rovi
ders
reg
iste
red?
(E
.g.
by r
egis
teri
ng n
on-g
over
nmen
t fu
nded
or
gani
zati
ons
as s
ervi
ce p
rovi
ders
) H
ow
effe
ctiv
e ha
ve t
he m
easu
res
been
?
• Nu
mbe
r of
Ser
vice
Pro
vide
rs c
ompa
red
to:
Popu
lati
on
Crim
e st
atis
tics
on
offe
nces
aga
inst
w
omen
in t
he a
rea
Num
ber
of c
ourt
s in
the
are
a
Avai
labi
lity
of o
ther
non
-reg
iste
red
serv
ice
prov
ider
s in
the
are
a.
• A
wid
e ra
nge
of s
ervi
ces
is p
rovi
ded
by
regi
ster
ed S
ervi
ce P
rovi
ders
incl
udin
g m
edic
al,
shel
ter,
lega
l aid
and
ps
ycho
logi
cal c
ouns
elin
g se
rvic
es.
• Se
rvic
es p
rovi
ded
are
appr
opria
te t
o th
e ne
eds
of v
icti
m/s
urvi
vors
.
• Th
ere
is a
n in
crea
se in
the
out
reac
h an
d nu
mbe
rs o
f su
ppor
t se
rvic
es a
vaila
ble
to
vict
im/s
urvi
vors
.
G
over
nmen
t ci
rcul
ars/
orde
rs/
adve
rtis
emen
ts o
n is
sues
rel
atin
g to
th
e re
gist
rati
on o
f Se
rvic
e Pr
ovid
ers.
I
nter
view
s w
ith
Serv
ice
Prov
ider
s an
d th
ose
acce
ssin
g th
eir
serv
ices
.
D
ocum
enta
tion
mai
ntai
ned
by
regi
ster
ed S
ervi
ce P
rovi
ders
.
33Evaluation Framework on Implementing the PWDVA
Eval
uatio
n C
riter
ia: E
ffec
tive
ness
Key
ques
tion
sSu
b-qu
esti
ons
Crit
eria
for
judg
men
tSo
urce
s of
dat
a/M
etho
ds o
f
data
col
lect
ion
Med
ical
Fac
iliti
es a
nd S
helt
er H
omes
k. I
s th
e nu
mbe
r of
Med
ical
Fac
iliti
es a
nd S
helt
er
Hom
es n
otifi
ed u
nder
the
PW
DVA
adeq
uate
in
mee
ting
the
nee
ds o
f vi
ctim
/sur
vivo
rs o
f do
mes
tic
viol
ence
? W
hat
is t
he c
apac
ity
of
faci
litie
s/ho
mes
tha
t ha
ve b
een
noti
fied?
l. Ar
e th
e se
rvic
es p
rovi
ded
by M
edic
al F
acili
ties
an
d Sh
elte
r H
omes
app
ropr
iate
to
the
need
s of
vic
tim
/sur
vivo
rs?
Wha
t ar
e th
e se
lect
ion
crit
eria
use
d in
not
ifyi
ng f
acili
ties
/hom
es
unde
r th
e PW
DVA?
m.
Hav
e th
ere
been
any
init
iati
ves
to n
otif
y pr
ivat
e fa
cilit
ies
unde
r th
e PW
DVA?
n. H
ave
ther
e be
en a
ny in
crea
ses
in t
he n
umbe
rs
of f
acili
ties
/hom
es n
otifi
ed in
the
rep
orti
ng
perio
d?
o. D
o an
y of
the
not
ified
Med
ical
Fac
iliti
es h
ave
a sp
ecia
l uni
t to
dea
l wit
h vi
ctim
/sur
vivo
rs o
f do
mes
tic
viol
ence
?
• Nu
mbe
r of
Med
ical
Fac
iliti
es a
nd S
helt
er
Hom
es c
ompa
red
to:
Popu
lati
on
Crim
e st
atis
tics
on
offe
nces
aga
inst
w
omen
in t
he a
rea
Avai
labi
lity
of o
ther
non
-not
ified
m
edic
al f
acili
ties
and
she
lter
hom
es in
th
e ar
ea.
• Se
rvic
es p
rovi
ded
by M
edic
al F
acili
ties
an
d Sh
elte
r H
omes
are
app
ropr
iate
to
the
need
s of
vic
tim
/sur
vivo
rs.
• Th
ere
is a
n in
crea
se in
the
out
reac
h an
d nu
mbe
rs o
f m
edic
al a
nd s
helt
er f
acili
ties
av
aila
ble
to v
icti
m/s
urvi
vors
.
G
over
nmen
t ci
rcul
ars/
orde
rs/
adve
rtis
emen
ts o
n is
sues
rel
atin
g to
th
e no
tific
atio
n of
Med
ical
Fac
iliti
es
and
Shel
ter
Hom
es.
I
nter
view
s w
ith
func
tion
arie
s of
M
edic
al F
acili
ties
and
She
lter
Hom
es
and
thos
e ac
cess
ing
thei
r se
rvic
es.
D
ocum
enta
tion
mai
ntai
ned
by n
otifi
ed
Med
ical
Fac
iliti
es a
nd S
helt
er H
omes
.
34 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
Eval
uatio
n C
riter
ia: E
ffec
tive
ness
Key
ques
tion
sSu
b-qu
esti
ons
Crit
eria
for
judg
men
tSo
urce
s of
dat
a/M
etho
ds o
f
data
col
lect
ion
3. A
re t
he P
WDV
A ag
enci
es
equi
pped
to
effe
ctiv
ely
perf
orm
th
eir
role
s un
der
the
PWDV
A?
a. A
re P
rote
ctio
n Of
ficer
s qu
alifi
ed t
o ef
fect
ivel
y as
sist
vic
tim
/sur
vivo
rs o
f do
mes
tic
viol
ence
? Is
the
sel
ecti
on c
rite
ria (
qual
ifica
tion
s,
expe
rienc
e, e
tc.)
use
d fo
r th
e ap
poin
tmen
t of
Pr
otec
tion
Offi
cers
app
ropr
iate
?
b. A
re P
WDV
A ag
enci
es,
incl
udin
g ju
dici
al o
ffice
rs
and
polic
e, p
rovi
ded
adeq
uate
tra
inin
g to
pe
rfor
m t
heir
dut
ies?
c. T
o w
hat
exte
nt h
as t
he c
apac
ity
of P
WDV
A ag
enci
es b
een
deve
lope
d on
the
fol
low
ing:
Issu
es o
f do
mes
tic
viol
ence
Emer
genc
y in
terv
enti
ons
Law
and
pro
cedu
re
Case
man
agem
ent
Mai
ntai
ning
doc
umen
tati
on
Repo
rtin
g an
d co
ordi
nati
on
d. H
ave
the
trai
ning
s im
part
ed a
nd c
apac
ity
deve
lopm
ent
init
iati
ves
been
eva
luat
ed t
o as
sess
its
usef
ulne
ss in
equ
ippi
ng P
WDV
A ag
enci
es t
o pe
rfor
m t
heir
dut
ies
in a
n ef
fect
ive
and
gend
er s
ensi
tive
man
ner?
e. I
s th
ere
any
prov
isio
n fo
r re
gula
r or
ient
atio
n an
d on
goin
g tr
aini
ngs
for
Prot
ecti
on O
ffice
rs?
• Se
lect
ion
crit
eria
use
d fo
r th
e ap
poin
tmen
t of
Pro
tect
ion
Offic
ers
enab
les
an a
sses
smen
t of
ski
lls a
nd
expe
rienc
e re
quire
d fo
r de
alin
g w
ith
vict
im/s
urvi
vors
.
• Co
nten
t an
d m
etho
ds o
f tr
aini
ng a
re
com
preh
ensi
ve a
nd e
ffec
tive
in b
uild
ing
capa
city
of
diff
eren
t PW
DVA
agen
cies
on
issu
es o
f do
mes
tic
viol
ence
, la
w a
nd
proc
edur
e, r
efer
ral s
yste
ms,
mul
ti-a
genc
y an
d ge
nder
sen
siti
ve r
espo
nses
.
• Vi
ctim
/sur
vivo
rs a
re p
rovi
ded
wit
h ge
nder
sen
siti
ve r
espo
nses
whe
n th
ey
appr
oach
PW
DVA
agen
cies
.
A
dver
tise
men
t or
circ
ular
s in
corp
orat
ing
sele
ctio
n cr
iter
ia u
sed
for
the
appo
intm
ent
of P
rote
ctio
n Of
ficer
s.
P
re a
nd p
ost
asse
ssm
ent
of t
rain
ing
and
trai
ning
rep
orts
I
nter
view
s w
ith
Prot
ecti
on O
ffice
rs a
nd
PWDV
A ag
enci
es w
ho h
ave
rece
ived
tr
aini
ngs.
I
nter
view
s w
ith
vict
im/s
urvi
vors
w
ho h
ave
appr
oach
ed P
rote
ctio
n Of
ficer
s an
d ot
her
PWDV
A ag
enci
es f
or
assi
stan
ce.
35Evaluation Framework on Implementing the PWDVA
Eval
uatio
n C
riter
ia: E
ffec
tive
ness
Key
ques
tion
sSu
b-qu
esti
ons
Crit
eria
for
judg
men
tSo
urce
s of
dat
a/M
etho
ds o
f
data
col
lect
ion
4. D
o im
plem
enti
ng P
WDV
A ag
enci
es w
ork
in a
coo
rdin
ated
m
anne
r to
pro
vide
ass
ista
nce
to
vict
im/s
urvi
vors
?
a. A
re P
WDV
A ag
enci
es a
war
e of
eac
h ot
her’s
lo
cati
on,
cont
act
and
othe
r de
tails
?
b. H
ave
effe
ctiv
e re
ferr
al n
etw
orks
bee
n es
tabl
ishe
d be
twee
n PW
DVA
agen
cies
? H
ow
have
the
se n
etw
orks
str
engt
hene
d th
e w
ork
of
indi
vidu
al f
unct
iona
ries
unde
r th
e la
w?
c. I
s th
ere
effe
ctiv
e co
ordi
nati
on b
etw
een
the
polic
e an
d Pr
otec
tion
Offi
cers
in c
ompl
ying
w
ith
cour
t or
ders
?
d. H
ave
any
prot
ocol
s be
en d
evel
oped
for
fa
cilit
atin
g co
ordi
nati
on a
nd m
ulti
-age
ncy
resp
onse
s?
e. H
ow e
ffec
tive
hav
e co
ordi
nati
on c
omm
itte
es
been
in d
eliv
erin
g m
ulti
-age
ncy
resp
onse
s an
d se
rvic
es t
o vi
ctim
/sur
vivo
rs o
f do
mes
tic
viol
ence
?
• PW
DVA
agen
cies
, pa
rtic
ular
ly P
rote
ctio
n Of
ficer
s, h
ave
lists
of
agen
cies
and
or
gani
zati
ons
that
vic
tim
/sur
vivo
rs o
f do
mes
tic
viol
ence
can
be
refe
rred
to.
• A
refe
rral
sys
tem
has
bee
n pu
t in
pla
ce
and
is f
unct
ioni
ng e
ffec
tive
ly t
o pr
ovid
e co
ordi
nate
d an
d m
ulti
-age
ncy
resp
onse
s to
vic
tim
/sur
vivo
rs a
ppro
achi
ng P
WDV
A ag
enci
es f
or a
ssis
tanc
e.
• Pr
otoc
ols
have
bee
n is
sued
to
ensu
re
effe
ctiv
e co
ordi
nati
on b
etw
een
PWDV
A ag
enci
es.
• Co
ordi
nati
on C
omm
itte
es h
ave
effe
ctiv
e pa
rtic
ipat
ion
from
all
impl
emen
ting
/en
forc
emen
t ag
enci
es.
P
roto
cols
issu
ed b
y th
e st
ate
noda
l ag
enci
es t
o fa
cilit
ate
coor
dina
tion
.
G
over
nmen
t ci
rcul
ars/
inst
ruct
ions
/or
ders
est
ablis
hing
coo
rdin
atio
n co
mm
itte
es a
nd r
efer
ral s
yste
ms.
R
ecor
d of
pro
ceed
ings
of
coor
dina
tion
co
mm
itte
es a
nd re
port
s of
coo
rdin
atio
n co
mm
itte
es
I
nter
view
s w
ith
PWDV
A ag
enci
es a
nd
bene
ficia
ries.
36 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
Eval
uatio
n C
riter
ia: E
ffec
tive
ness
Key
ques
tion
sSu
b-qu
esti
ons
Crit
eria
for
judg
men
tSo
urce
s of
dat
a/M
etho
ds o
f
data
col
lect
ion
5. I
s th
e w
ork
of im
plem
enti
ng/
enfo
rcem
ent
agen
cies
mon
itor
ed
in a
sys
tem
atic
man
ner
and
thei
r gr
ieva
nces
red
ress
ed?
a. I
s re
port
ing
by P
WDV
A ag
enci
es s
yste
mat
ized
? Is
the
re a
ny m
etho
d of
rec
ord
keep
ing
that
is
follo
wed
by
PWDV
A ag
enci
es?
b. H
ow r
egul
arly
is t
he w
ork
of P
rote
ctio
n Of
ficer
s an
d ot
her
PWDV
A ag
enci
es r
evie
wed
?
c. W
hat
are
the
outc
omes
of
the
revi
ew p
roce
ss?
How
are
grie
vanc
es p
ut f
orth
by
PWDV
A ag
enci
es a
ddre
ssed
?
d. I
s th
ere
any
prot
ocol
for
mon
itor
ing
the
acti
viti
es o
f PW
DVA
agen
cies
, pa
rtic
ular
ly
Prot
ecti
on O
ffice
rs?
e. T
o w
hat
exte
nt a
re P
rote
ctio
n Of
ficer
s ab
le t
o pe
rfor
m t
heir
sta
tuto
ry d
utie
s, in
clud
ing:
i. P
rote
ctin
g vi
ctim
/sur
vivo
rs a
ppro
achi
ng t
hem
from
dom
esti
c vi
olen
ce a
nd t
akin
g em
erge
ncy
acti
on
ii. I
nfor
min
g vi
ctim
/sur
vivo
rs o
f th
eir
avai
labl
e le
gal r
ight
s an
d re
med
ies
iii
. As
sist
ing
vict
im/s
urvi
vors
wit
h in
itia
ting
le
gal p
roce
edin
gs,
incl
udin
g re
cord
ing
DIRs
, fil
ling
in a
pplic
atio
ns,
faci
litat
ing
acce
ss t
o le
gal a
id
iv
. As
sist
ing
vict
im/s
urvi
vors
acc
ess
lega
l, m
edic
al,
shel
ter
and
othe
r su
ppor
t se
rvic
es.
• W
ork
of P
WDV
A ag
enci
es a
re r
egul
arly
re
view
ed a
nd m
onit
ored
thr
ough
:
The
subm
issi
on o
f pe
riodi
c re
port
s by
ea
ch o
f th
e PW
DVA
agen
cies
on
wor
k do
ne o
n th
e im
plem
enta
tion
of
the
PWDV
A
Stud
y of
doc
umen
tati
on m
aint
aine
d on
wor
k co
nduc
ted
unde
r th
e PW
DVA
Perio
dic
mee
ting
s he
ld f
or r
evie
w a
nd
plan
ning
• Th
ere
is a
n av
aila
ble
data
base
on
case
s de
alt
wit
h un
der
the
PWDV
A
• Pr
otec
tion
Offi
cers
are
abl
e to
:
Prot
ect
vict
im/s
urvi
vors
fro
m
dom
esti
c vi
olen
ce
Faci
litat
e th
eir
acce
ss t
o re
med
ies
of
thei
r ch
oice
incl
udin
g le
gal r
emed
ies
and
cour
t or
ders
und
er t
he P
WDV
A;
crim
inal
pro
ceed
ings
and
to
supp
ort
serv
ices
pro
vide
d by
Ser
vice
Pro
vide
rs,
Med
ical
Fac
iliti
es a
nd S
helt
er H
omes
Assi
st t
he c
ourt
in d
isch
argi
ng t
heir
fu
ncti
ons
Assi
st w
ith
the
enfo
rcem
ent
of o
rder
s gr
ante
d.
P
roto
cols
on
repo
rtin
g is
sued
by
the
stat
e go
vern
men
t.
R
ecor
d no
tes
of r
evie
w m
eeti
ngs.
P
erio
dic
repo
rts
subm
itte
d by
Pr
otec
tion
Offi
cers
and
oth
er P
WDV
A ag
enci
es.
A
sses
smen
t re
port
s pr
epar
ed o
r co
mm
issi
oned
by
the
noda
l age
ncy.
D
ocum
enta
tion
mai
ntai
ned
by
Prot
ecti
on O
ffice
rs a
nd o
ther
PW
DVA
agen
cies
.
I
nter
view
s w
ith
vario
us P
WDV
A ag
enci
es a
nd b
enefi
ciar
ies.
37Evaluation Framework on Implementing the PWDVA
Eval
uatio
n C
riter
ia: E
ffec
tive
ness
Key
ques
tion
sSu
b-qu
esti
ons
Crit
eria
for
judg
men
tSo
urce
s of
dat
a/M
etho
ds o
f
data
col
lect
ion
v
. Id
enti
fyin
g ap
prop
riate
cou
nsel
ors
and
coun
selin
g se
rvic
es
vi
. Co
nduc
ting
hom
e vi
sits
and
mak
ing
finan
cial
and
oth
er e
nqui
ries
as d
irect
ed b
y co
urts
.
vii.
Ass
isti
ng in
res
tori
ng v
icti
m/s
urvi
vors
to
the
shar
ed h
ouse
hold
and
ret
rievi
ng h
er
poss
essi
ons.
viii.
Mai
ntai
ning
rec
ords
of
case
s
ix.
Assi
stin
g in
the
enf
orce
men
t of
cou
rt
orde
rs (
incl
udin
g se
rvin
g no
tice
s ex
pedi
tiou
sly)
and
fol
low
ing
thro
ugh
wit
h co
urt
proc
eedi
ngs
till
the
vict
im/s
urvi
vor
rece
ives
app
ropr
iate
rel
iefs
.
f. T
o w
hat
exte
nt a
re S
ervi
ce P
rovi
ders
abl
e to
pe
rfor
m t
heir
sta
tuto
ry d
utie
s, in
clud
ing:
i.
Info
rmin
g vi
ctim
/sur
vivo
rs o
f re
med
ies
avai
labl
e un
der
the
PWDV
A, h
er r
ight
to
init
iate
cri
min
al p
roce
edin
gs a
nd h
er r
ight
to
lega
l aid
.
ii.
Info
rmin
g he
r of
the
ava
ilabi
lity
of
Prot
ecti
on O
ffice
rs a
nd o
ther
Ser
vice
Pr
ovid
ers
iii
. Re
cord
ing
Dom
esti
c In
cide
nt R
epor
ts a
nd
assi
stin
g in
the
filin
g of
app
licat
ions
iv.
Faci
litat
ing
her
acce
ss t
o M
edic
al F
acili
ties
an
d Sh
elte
r H
omes
.
• Se
rvic
e Pr
ovid
ers
are
able
to:
Mai
ntai
n st
atut
ory
reco
rds
of c
ases
in
volv
ing
dom
esti
c vi
olen
ce.
Prov
ide
vict
im/s
urvi
vors
wit
h ne
cess
ary
serv
ices
or
faci
litat
ing
thei
r ac
cess
to
supp
ort
serv
ices
.
Faci
litat
e vi
ctim
/sur
vivo
rs’ a
cces
s to
co
urt
orde
rs a
nd r
emed
ies
Prot
ect
vict
im/s
urvi
vors
fro
m
dom
esti
c vi
olen
ce.
38 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
Eval
uatio
n C
riter
ia: E
ffec
tive
ness
Key
ques
tion
sSu
b-qu
esti
ons
Crit
eria
for
judg
men
tSo
urce
s of
dat
a/M
etho
ds o
f
data
col
lect
ion
v
. Pr
ovid
ing
coun
selin
g to
vic
tim
/sur
vivo
rs
vi
. Pr
ovid
ing
coun
selin
g at
the
dire
ctio
ns o
f co
urts
g. T
o w
hat
exte
nt a
re M
edic
al F
acili
ties
abl
e to
pe
rfor
m t
heir
dut
ies
unde
r th
e PW
DVA
and
assi
st v
icti
m/s
urvi
vors
?
h. T
o w
hat
exte
nt h
ave
Shel
ter Ho
mes
bee
n ab
le t
o pr
ovid
e se
rvic
es t
o vi
ctim
/sur
vivo
rs o
f do
mes
tic
viol
ence
?
• M
edic
al F
acili
ties
are
abl
e to
pro
vide
ef
fect
ive
and
adeq
uate
ser
vice
s to
vi
ctim
/sur
vivo
rs,
incl
udin
g
prov
idin
g in
form
atio
n on
lega
l rig
hts
and
rem
edie
s,
info
rmin
g vi
ctim
/sur
vivo
rs o
n th
e av
aila
bilit
y of
Pro
tect
ion
Offic
ers
and
othe
r PW
DVA
agen
cies
prov
idin
g ne
cess
ary
trea
tmen
t
prov
idin
g as
sist
ance
wit
h in
itia
ting
le
gal p
roce
edin
gs (
incl
udin
g re
cord
ing
DIRs
) an
d co
llect
ing
med
ico-
lega
l ev
iden
ce.
• Sh
elte
r ho
mes
are
abl
e to
pro
vide
saf
e sh
elte
r to
vic
tim
/sur
vivo
rs a
nd s
uppo
rt
them
in a
cces
sing
lega
l rem
edie
s an
d ot
her
supp
ort
serv
ices
.
39Evaluation Framework on Implementing the PWDVA
Eval
uatio
n C
riter
ia: E
ffec
tive
ness
Key
ques
tion
sSu
b-qu
esti
ons
Crit
eria
for
judg
men
tSo
urce
s of
dat
a/M
etho
ds o
f
data
col
lect
ion
i. To
wha
t ex
tent
are
the
pol
ice
able
to
prot
ect
vict
im/s
urvi
vors
of do
mes
tic
viol
ence
and
pe
rfor
m t
heir
duti
es u
nder
the
PW
DVA,
incl
udin
g:
i.
Init
iati
ng c
rim
inal
pro
ceed
ings
whe
n th
e do
mes
tic
viol
ence
rep
orte
d am
ount
s to
a
crim
inal
off
ence
ii.
Inf
orm
ing
vict
im/s
urvi
vors
of
avai
labl
e le
gal
right
s an
d cr
imin
al a
nd c
ivil
rem
edie
s
iii.
Refe
rrin
g vi
ctim
/sur
vivo
rs t
o Pr
otec
tion
Of
ficer
s an
d Se
rvic
e Pr
ovid
ers
to in
itia
te
appr
opria
te a
ctio
ns a
nd a
cces
s su
ppor
t se
rvic
es
iv.
Assi
stin
g th
e Pr
otec
tion
Offi
cer
whi
le
resp
ondi
ng t
o an
em
erge
ncy
situ
atio
n.
v
. As
sist
ing
the
Prot
ecti
on O
ffice
r in
enf
orci
ng
cour
t or
ders
.
vi.
Init
iati
ng c
rim
inal
pro
ceed
ings
in c
ases
of
brea
ch o
f pr
otec
tion
ord
ers.
vii.
Prov
idin
g pr
otec
tion
to
vict
im/s
urvi
vors
of
dom
esti
c vi
olen
ce a
s m
ay b
e re
quire
d.
j. W
hat
are
the
hurd
les
that
Pro
tect
ion
Offic
ers
and
othe
r PW
DVA
agen
cies
fac
e w
hile
pe
rfor
min
g th
eir
duti
es u
nder
the
PW
DVA
and
prot
ecti
ng v
icti
m/s
urvi
vors
?
k. A
re t
here
any
pra
ctic
es/m
etho
ds o
f fu
ncti
onin
g ad
opte
d by
PW
DVA
agen
cies
tha
t ha
ve p
rove
n to
be
effe
ctiv
e in
pro
tect
ing
vict
im/s
urvi
vors
an
d fa
cilit
atin
g th
eir
acce
ss t
o ju
stic
e an
d su
ppor
t se
rvic
es?
• Po
lice
are
able
to:
Prot
ect
vict
im/s
urvi
vors
of
dom
esti
c vi
olen
ce
Cond
uct
crim
inal
inve
stig
atio
ns a
nd
proc
eedi
ngs
Com
ply
wit
h or
ders
of
the
cour
t
Prov
ide
assi
stan
ce t
o Pr
otec
tion
Of
ficer
s w
hen
soug
ht
Serv
e no
tice
s to
res
pond
ents
ef
ficac
ious
ly w
hen
requ
ired
Ensu
re t
hat
cour
t or
ders
are
enf
orce
d.
40 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
Eval
uatio
n C
riter
ia: E
ffici
ency
Key
ques
tion
sSu
b-qu
esti
ons
Crit
eria
for
judg
men
tSo
urce
s of
dat
a/M
etho
ds o
f
data
col
lect
ion
1. I
s th
e su
ppor
t pr
ovid
ed t
o im
plem
enti
ng/e
nfor
cing
ag
enci
es u
nder
the
PW
DVA
adeq
uate
in e
nsur
ing
that
the
y ef
ficie
ntly
per
form
the
ir d
utie
s un
der
the
PWDV
A?
a. H
ave
Prot
ecti
on O
ffice
rs b
een
prov
ided
wit
h ad
equa
te a
nd a
ppro
pria
te s
taff
, eq
uipm
ent
and
offic
e sp
ace
to p
erfo
rm t
heir
fun
ctio
ns in
an
eff
ecti
ve m
anne
r?
b. H
ow m
any
pers
ons
and
in w
hat
capa
citi
es
have
bee
n ap
poin
ted
to a
ssis
t Pr
otec
tion
Of
ficer
s?
c. A
re a
ny f
unds
pro
vide
d to
Pro
tect
ion
Offic
ers
to p
erfo
rm t
heir
dut
ies
unde
r th
e PW
DVA?
Ar
e Pr
otec
tion
Offi
cers
pro
vide
d ad
diti
onal
al
low
ance
to
mee
t tr
avel
exp
ense
s?
d. A
re f
unds
/rei
mbu
rsem
ents
mad
e av
aila
ble
to
Prot
ecti
on O
ffice
rs in
a t
imel
y m
anne
r?
e. A
re a
ny f
unds
, re
imbu
rsem
ents
or
offic
e as
sist
ance
pro
vide
d to
reg
iste
red
Serv
ice
Prov
ider
s fo
r ex
pens
es in
curr
ed a
nd f
or
perf
orm
ing
thei
r du
ties
und
er t
he P
WDV
A?
If y
es,
is a
ny s
epar
ate
budg
et p
rovi
ded
to S
ervi
ce P
rovi
ders
? If
not
, ar
e Se
rvic
e Pr
ovid
ers
able
to
mee
t th
eir
expe
nses
wit
hin
thei
r ex
isti
ng r
esou
rces
?
f. D
o no
tifie
d M
edic
al F
acili
ties
and
She
lter
H
omes
hav
e su
ffici
ent
budg
ets?
Doe
s th
e bu
dget
cov
er a
ll cr
itic
al e
xpen
ses?
• Of
fice
assi
stan
ce p
rovi
ded
to P
rote
ctio
n Of
ficer
s, in
clud
ing
offic
e sp
ace,
eq
uipm
ent
and
staf
f is
suf
ficie
nt f
or
perf
orm
ing
thei
r du
ties
und
er t
he
PWDV
A.
• Sp
ecifi
c bu
dget
ary
allo
cati
ons
are
mad
e fo
r su
ppor
ting
the
wor
k of
Pro
tect
ion
Offic
ers,
Ser
vice
Pro
vide
rs a
nd o
ther
PW
DVA
agen
cies
; an
d su
ch f
unds
are
ut
ilize
d in
an
opti
mal
man
ner.
R
evie
w o
f bu
dget
ary
allo
cati
ons
and
spen
ding
und
er t
he P
WDV
A.
R
epor
ts o
f Pr
otec
tion
Offi
cers
and
Se
rvic
e Pr
ovid
ers.
I
nter
view
s w
ith
Prot
ecti
on O
ffice
rs a
nd
Serv
ice
Prov
ider
s.
41Evaluation Framework on Implementing the PWDVA
Eval
uatio
n C
riter
ia: I
mpa
ct
Key
ques
tion
sSu
b-qu
esti
ons
Crit
eria
for
judg
men
tSo
urce
s of
dat
a/M
etho
ds o
f
data
col
lect
ion
1. T
o w
hat
exte
nt h
ave
rem
edie
s un
der
the
PWDV
A re
ache
d vi
ctim
/sur
vivo
rs o
f do
mes
tic
viol
ence
?
a. H
as t
here
bee
n an
incr
ease
in t
he n
umbe
r of
or
ders
gra
nted
to
vict
im/s
urvi
vors
und
er t
he
PWDV
A?
b. T
o w
hat
exte
nt h
as t
he w
omen
’s rig
ht t
o re
side
in
the
sha
red
hous
ehol
d be
en p
rote
cted
?
c. T
o w
hat
exte
nt h
ave
non-
phys
ical
act
s of
vi
olen
ce w
ithi
n th
e ho
me
been
rec
ogni
zed
as
dom
esti
c vi
olen
ce?
d. T
o w
hat
exte
nt h
ave
non-
mar
ital
dom
esti
c re
lati
onsh
ips
(e.g
. un
mar
ried
wom
en,
daug
hter
s, w
idow
s, d
ivor
ced
wom
en,
sist
ers)
be
en c
over
ed u
nder
the
impl
emen
tati
on o
f th
e PW
DVA?
e. T
o w
hat
exte
nt h
as t
he r
ight
to
be
com
pens
ated
for
act
s of
dom
esti
c vi
olen
ce b
een
reco
gniz
ed?
f. T
o w
hat
exte
nt h
as t
he u
se o
f th
e PW
DVA
redu
ced
mul
tipl
icit
y of
for
ums?
Wha
t is
the
im
pact
of
pend
ing
proc
eedi
ngs
in a
pplic
atio
ns
filed
und
er t
he P
WDV
A?
• In
crea
sing
num
bers
of
wom
en a
re u
sing
le
gal r
emed
ies
to a
ddre
ss d
omes
tic
viol
ence
.
• In
terp
reta
tion
s of
the
PW
DVA
are
in c
onso
nanc
e w
ith
hum
an r
ight
s pr
inci
ples
and
refl
ecti
ve o
f th
e sp
irit
of
the
PWDV
A.
• Th
e PW
DVA
is n
ot u
sed
to e
ffec
t fo
rced
re
conc
iliat
ions
or
forc
e vi
ctim
/sur
vivo
rs
to r
etur
n to
vio
lent
hom
es.
• Co
urts
are
abl
e to
rel
y on
Pro
tect
ion
Offic
ers
and
polic
e to
dis
char
ge t
heir
fu
ncti
ons,
suc
h as
ser
vice
del
iver
y,
colle
ctio
n of
evi
denc
e an
d in
the
en
forc
emen
t of
ord
ers.
• Co
ntri
buti
ons
of P
rote
ctio
n Of
ficer
s,
polic
e, S
ervi
ces
Prov
ider
s al
low
for
the
ef
ficac
ious
dis
posa
l of
case
s fil
ed u
nder
th
e PW
DVA.
A
naly
sis
of c
ourt
ord
ers
and
cour
t re
cord
s.
A
naly
sis
of c
ase
law
dev
elop
ed b
y hi
gher
judi
ciar
y.
I
nter
view
s w
ith
PWDV
A ag
enci
es,
law
yers
/leg
al a
id p
rovi
ders
, w
omen
lit
igan
ts a
nd o
ther
ben
efici
arie
s.
I
nter
view
s w
ith
judi
cial
offi
cers
and
ot
her
offic
ers
of t
he c
ourt
.
42 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
Eval
uatio
n C
riter
ia: I
mpa
ct
Key
ques
tion
sSu
b-qu
esti
ons
Crit
eria
for
judg
men
tSo
urce
s of
dat
a/M
etho
ds o
f
data
col
lect
ion
g. T
o w
hat
exte
nt h
ave
orde
rs g
rant
ed u
nder
the
PW
DVA
prev
ente
d do
mes
tic
viol
ence
?
h. T
o w
hat
exte
nt d
o co
urts
rel
y on
Pro
tect
ion
Offic
ers
and
Serv
ice
Prov
ider
s in
dea
ling
wit
h ap
plic
atio
ns u
nder
the
PW
DVA?
How
has
as
sist
ance
pro
vide
d by
Pro
tect
ion
Offic
ers
and
Serv
ice
Prov
ider
s en
hanc
ed a
djud
icat
ory
proc
esse
s?
i. H
ow e
xped
itio
usly
are
app
licat
ions
und
er
the
PWDV
A di
spos
ed?
To w
hat
exte
nt d
o th
e Pr
otec
tion
Offi
cers
, Se
rvic
e Pr
ovid
ers
and
polic
e co
ntri
bute
to
the
effic
ient
dis
posa
l of
case
s fil
ed u
nder
the
PW
DVA?
j. H
ow h
ave
orde
rs g
rant
ed b
y co
urts
bee
n en
forc
ed?
To w
hat
exte
nt h
ave
Prot
ecti
on
Offic
ers
and
the
polic
e ai
ded
in t
he e
nfor
cem
ent
of o
rder
s gr
ante
d un
der
the
PWDV
A?
k. A
re v
icti
m/s
urvi
vors
rec
eivi
ng t
he k
ind
of
supp
ort
they
req
uire
at
the
pre-
litig
atio
n st
age?
H
ow h
ave
thes
e im
pact
ed o
n le
gal p
roce
edin
gs
filed
und
er t
he P
WDV
A?
l. Ar
e vi
ctim
/sur
vivo
rs a
ble
to a
cces
s co
ordi
nate
d m
ulti
-age
ncy
resp
onse
s?
• Vi
ctim
/sur
vivo
rs a
re a
ble
to a
cces
s co
mpr
ehen
sive
, ef
fect
ive
and
coor
dina
ted
serv
ices
to
at t
he p
re-
litig
atio
n st
age,
whi
ch e
nabl
e th
em t
o pu
rsue
lega
l rem
edie
s.
• Vi
ctim
/sur
vivo
rs a
re a
ble
to r
ely
on t
he
supp
ort
of P
rote
ctio
n Of
ficer
s an
d ot
her
PWDV
A ag
enci
es d
urin
g th
e co
urse
of
litig
atio
n.
43Evaluation Framework on Implementing the PWDVA
Eval
uatio
n C
riter
ia: I
mpa
ct
Key
ques
tion
sSu
b-qu
esti
ons
Crit
eria
for
judg
men
tSo
urce
s of
dat
a/M
etho
ds o
f
data
col
lect
ion
2. W
hat
has
been
the
impa
ct o
f aw
aren
ess
crea
tion
und
er t
he
PWDV
A on
red
ucin
g in
cide
nces
of
dom
esti
c vi
olen
ce?
a. H
as t
he g
over
nmen
t pr
ovid
ed w
ide
publ
icit
y to
th
e PW
DVA
incl
udin
g:
i.
rig
hts
and
rem
edie
s av
aila
ble
unde
r th
e PW
DVA
ii.
PW
DVA
agen
cies
, th
eir
loca
tion
and
con
tact
de
tails
iii
. su
ppor
t se
rvic
es a
vaila
ble
to v
icti
m/
surv
ivor
s of
dom
esti
c vi
olen
ce
iv
. m
etho
ds o
f ac
cess
ing
avai
labl
e su
ppor
t
v
. m
etho
ds/p
roce
dure
s of
acc
essi
ng ju
stic
e.
b. H
as t
he g
over
nmen
t un
dert
aken
pub
lic
awar
enes
s cr
eati
on c
ampa
igns
to
brin
g ab
out
atti
tudi
nal c
hang
es a
nd z
ero
tole
ranc
e of
do
mes
tic
viol
ence
?
• In
crea
sing
num
bers
of
wom
en a
re
awar
e of
the
ir le
gal r
ight
s an
d av
aila
ble
supp
ort
serv
ices
as
wel
l as
met
hods
of
acce
ssin
g th
em.
• In
crea
sing
num
bers
in t
he g
ener
al
popu
lati
on w
ho d
o no
t co
ndon
e do
mes
tic
viol
ence
.
• Do
mes
tic
viol
ence
is u
nder
stoo
d by
th
e ge
nera
l pop
ulat
ion
as a
vio
lati
on
of w
omen
’s eq
ualit
y rig
hts
and
not
tole
rate
d in
any
for
m.
I
EC m
ater
ials
pro
duce
d un
der
the
PWDV
A.
C
onte
nt a
nd f
orm
of
mes
sage
s in
pri
nt,
and
on r
adio
and
ele
ctro
nic
med
ia.
E
valu
atio
n st
udie
s of
pub
lic a
war
enes
s ca
mpa
igns
.
44 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
Eval
uatio
n C
riter
ia: S
usta
inab
ility
Key
ques
tion
sSu
b-qu
esti
ons
Crit
eria
for
judg
men
tSo
urce
s of
dat
a/M
etho
ds o
f
data
col
lect
ion
1. A
re t
he m
etho
ds o
f es
tabl
ishi
ng in
fras
truc
ture
un
der
the
PWDV
A su
stai
nabl
e?
a. I
s th
ere
a su
stai
nabl
e so
urce
of
fund
ing
avai
labl
e fo
r th
e im
plem
enta
tion
of
the
PWDV
A?
b. I
s th
e m
etho
d of
app
oint
ing
and
equi
ppin
g Pr
otec
tion
Offi
cers
to
effic
ient
ly d
isch
arge
the
ir
duti
es,
sust
aina
ble?
c. W
hat
are
the
step
s ta
ken
to e
nsur
e th
e su
stai
nabi
lity
of s
ervi
ces
requ
ired
to b
e pr
ovid
ed
unde
r th
e PW
DVA?
d. A
re m
etho
ds a
dopt
ed in
ens
urin
g co
ordi
nate
d se
rvic
e de
liver
y su
stai
nabl
e?
e. A
re m
etho
ds a
dopt
ed in
mon
itor
ing
the
impl
emen
tati
on o
f th
e la
w s
usta
inab
le?
f. H
as t
here
bee
n an
y ev
alua
tion
of
impl
emen
tati
on
mea
sure
s un
dert
aken
und
er t
he P
WDV
A?
• De
dica
ted
fund
s ar
e m
ade
avai
labl
e fo
r th
e im
plem
enta
tion
of
the
PWDV
A.
• Pr
otoc
ols
have
bee
n pr
epar
ed f
or
impl
emen
tati
on o
f th
e PW
DVA
incl
udin
g:
Prot
ocol
s fo
r m
aint
aini
ng
docu
men
tati
on f
or s
ervi
ces
rend
ered
un
der
the
PWDV
A
Prot
ocol
s fo
r re
ferr
als
Prot
ocol
s fo
r co
unse
ling
Prot
ocol
s fo
r tr
aini
ng t
o pe
rfor
m
duti
es u
nder
the
PW
DVA
Prot
ocol
s fo
r cas
e m
anag
emen
t
Prot
ocol
s fo
r co
ordi
nati
on
Prot
ocol
s fo
r m
onit
orin
g an
d ev
alua
tion
.
B
udge
ts p
repa
red
by C
entr
al a
nd S
tate
Go
vern
men
ts.
G
over
nmen
t or
ders
/circ
ular
s/in
stru
ctio
ns/g
uide
lines
on
aspe
cts
cove
ring
the
impl
emen
tati
on o
f th
e PW
DVA.
P
roto
cols
pre
pare
d by
nod
al a
genc
ies
and
othe
r im
plem
enti
ng a
genc
ies.
M
onit
orin
g an
d ev
alua
tion
rep
orts
on
the
PWDV
A.
45Evaluation Framework on Implementing the PWDVA
Eval
uatio
n C
riter
ia: S
usta
inab
ility
Key
ques
tion
sSu
b-qu
esti
ons
Crit
eria
for
judg
men
tSo
urce
s of
dat
a/M
etho
ds o
f
data
col
lect
ion
2. A
re v
icti
m/s
urvi
vors
abl
e to
su
stai
n th
emse
lves
dur
ing
lega
l pro
ceed
ings
?
a. A
re v
icti
m/s
urvi
vors
get
ting
acc
ess
to n
eces
sary
su
ppor
t se
rvic
es?
(E
.g.
shel
ter,
coun
selin
g, m
edic
al a
id,
lega
l aid
)
b. D
o vi
ctim
/sur
vivo
rs r
ecei
ve p
rote
ctio
n w
hile
pu
rsui
ng le
gal r
emed
ies?
(E.
g. a
ccom
pani
men
t,
wit
ness
/vic
tim
pro
tect
ion,
lega
l aid
, po
lice
prot
ecti
on)
c. A
re v
icti
m/s
urvi
vors
pro
tect
ed f
rom
fur
ther
act
s of
vio
lenc
e w
hile
und
ergo
ing
cour
t m
anda
ted
or
any
othe
r fo
rms
of c
ouns
elin
g?
d. A
re v
icti
m/s
urvi
vors
abl
e to
cho
ose
appr
opria
te
lega
l rem
edie
s?
e. H
ow is
vic
tim
/sur
vivo
rs’ a
cces
s to
lega
l aid
se
rvic
es e
nsur
ed o
n a
sust
aina
ble
basi
s?
• Vi
ctim
/sur
vivo
rs a
re a
ble
to a
cces
s re
quire
d su
ppor
t se
rvic
es a
nd c
hoos
e ap
prop
riate
rem
edie
s an
d fo
rum
s.
• Vi
ctim
/sur
vivo
rs a
nd t
heir
lega
l rig
hts
are
prot
ecte
d du
ring
the
cou
rse
of
proc
eedi
ngs
unde
r th
e PW
DVA.
• Le
gal a
id is
mad
e ef
fect
ivel
y av
aila
ble
as a
rig
ht t
o vi
ctim
/sur
vivo
rs o
f do
mes
tic
viol
ence
.
I
nter
view
wit
h vi
ctim
/sur
vivo
rs a
nd
wom
en li
tiga
nts.
I
nter
view
s w
ith
PWDV
A ag
enci
es
and
priv
ate
agen
cies
sup
port
ing
vict
im/s
urvi
vors
of
dom
esti
c vi
olen
ce
acce
ssin
g ju
stic
e, p
arti
cula
rly la
wye
rs,
lega
l aid
ser
vice
pro
vide
rs a
nd ju
dici
al
offic
ers.
47
Civil remedies Remedies under civil laws cover claims under family laws and injunctive and compensatory relief under the laws of torts.
CPC Code of Civil Procedure, 1908
Criminal offence Criminal offences are punishable illegal acts recognized in the IPC.
CrPC Code of Criminal Procedure, 1973
Domestic Incident Report or ‘DIR’
A record of a domestic violence complaint in Form I of the PWDVR.
Domestic relationship Includes all forms of relationship between those living together in a ‘shared household’. This includes relationships through marriage, consanguinity, or between family members living together as a joint family.
Domestic violence Under the PWDVA, domestic violence is defined as any form of physical, sexual, emotional, economic and/or verbal abuse that injures, threatens, or endangers the physical, mental and emotional well being of the aggrieved person.
Family laws Laws regulating matters of marriage, divorce, maintenance, inheritance, guardianship and custody.
IPC Indian Penal Code, 1860
Legal Service Providers Legal aid service providers as per the Legal Services Authorities Act, 1987.
Magistrate Judicial Magistrate of the first class or Metropolitan Magistrate with jurisdiction over the place where either the victim/survivor or respondent resides or works or the place where domestic violence has taken place.
Medical Facilities Those facilities notified under the PWDVA by State Governments. Notified medical facilities are duty bound to provide medical aid to victim/survivors. They are also authorized to record DIRs.
Nodal agencies Departments of the Central and State Governments that are vested with the responsibility of implementing the PWDVA.
At the central level, the Ministry of Women and Child Development is the nodal agency. At the state level, nodal agencies are either the Department of Women and Children or the Department of Social Welfare.
Acronyms and glossary
Acronyms and glossary
48 Resource Tool for Monitoring and Evaluating the Implementation of the Protection of Women from Domestic Violence Act, 2005
Protection Officers An officer appointed by the State Government under Section 8 of the PWDVA to assist victim/survivors and facilitate their access to justice. Protection Officers are also required to assist the court while discharging its functions under the PWDVA.
PWDVA Protection of Women from Domestic Violence Act, 2005
PWDVA agencies Entities involved or implicated in the implementation/enforcement of the PWDVA, including: • Protection Officers• Service Providers• Medical Facilities • Shelter Homes • Magistrates and judicial officers• Police• Lawyers, legal aid service providers
PWDVR Protection of Women from Domestic Violence Rules, 2006
Respondent Persons against whom proceedings can be initiated under the PWDVA. This includes adult males who are in a domestic relationship with the victim/survivors and relatives of the husband/male partner’s
Service Providers Voluntary organizations (NGOs) or companies providing services to women, such as counseling, shelter, medical aid, legal aid, financial support, etc. may be registered as Service Providers under the PWDVA (Section 10). Service Providers may record Domestic Incident Reports and are required to assist victim/survivors of domestic violence.
Shared household The household where the aggrieved person and the respondent have lived together in a domestic relationship. The household need not be owned by either of the parties. All that needs to be established is that both parties have resided in the place together.
Shelter Homes Those notified under the PWDVA by the State Governments. Notified shelter homes are duty bound to provide shelter to victim/survivors.
VAW Violence against women and girls
Victim/survivors Women and girls subjected to domestic violence. Victim/survivors are recognized as ‘aggrieved persons’ under the PWDVA-- those who can initiate proceedings under the PWDVA.
49
Resources from the Lawyers Collective (Women’s Rights Initiative)
Staying Alive: First Monitoring & Evaluation Report 2007 on the PWDVA
Staying Alive: Second Monitoring & Evaluation Report 2008 on the PWDVA
Staying Alive: Third Monitoring & Evaluation Report 2009 on the PWDVA
Staying Alive: Fourth Monitoring & Evaluation Report 2010 on the PWDVA
Staying Alive: Fifth Monitoring & Evaluation Report 2011 on the PWDVA
Staying Alive: Sixth Monitoring & Evaluation Report 2012 on the PWDVA
Best Practices in Implementing the PWDVA- A Compilation, 2012
Ending Domestic Violence through Non-Violence – A Manual for PWDVA Protection Officers (2009)
Handbook on Law on Domestic Violence (2009)
Law on Domestic Violence: A user’s manual for women (2007)
www.lawyerscollective.org
International Resources
UN Handbook for Legislation on Violence Against Women (2010)
UN Handbook for National Action Plans on Violence Against Women (2012)
UN Secretary General’s Database on Violence Against Women http://sgdatabase.unwomen.org/home.action
UN Virtual Knowledge Center to End Violence Against Women and Girls http://www.endvawnow.org/en/about
Resources
Resources
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