Lawyers Collective Report

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

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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


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


• 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.


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


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.


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


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?


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


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.


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


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


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


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


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

.


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


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


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


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?


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


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


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.


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.


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

.


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

.


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.


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.


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.


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.


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

.


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.


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.


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

.


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.


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

.


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.


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


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

Documents

Lawyers Collective Report