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Bombay High Court warns Maharashtra government of contempt notice for insensitivity towards women's safety

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The Bombay high court on Wednesday strongly criticised the Maharashtra government for its 'insensitive approach' towards women’s safety and the domestic violence they face.

A division bench headed by Justice Abhay Oka has threatened to issue a contempt notice against all the officers who have failed to implement earlier orders since 2010. The bench was hearing a public interest litigation by activist Rajendra Anbhule seeking implementation of a July 2010 order directing the government to appoint protection officers for each taluka as provided under the Protection of Women from Domestic Violence Act.

The HC has asked the advocate general to appear on the next date of the hearing, January 16, and asked for names of all the officers who handled the files concerning the appointment of POs.

Government pleader Abhinandan Vagyani informed the HC that they have stayed the process of appointment of POs as the issues of Maratha and Muslim reservations were pending before the HC.

Justice Oka asked the government on what basis the process was stayed as it was HC which had directed the appointments of POs. “Even if the government is worried about the reservations issues, 50 per cent of
the appointments can be made in the open category. No one can stop that process,” said Justice Oka.

The judges noted in their order that despite repeated HC orders and assurances given to the court that the posts of POs would be filled, the government had failed to even appoint one PO.

Irked by the government's approach, Justice Oka said, “Earlier you (government) kept saying that you don’t have enough funds. Now you are saying that the issue of reservations is pending. Enough is enough.”

The HC has asked for the name of the officer who issued a stay on the appointment process. “Give us the names. On the next date we will decide about issuing contempt notice. This is nothing but contempt of court orders,” said Justice Oka.

The court directed the government to fill at least 215 PO posts under the open category. As per the proposal, 2,164 protection officers will be appointed across talukas in the state. 

The appointment has to be made by the high power committee of the government's women and child welfare department. The proposal is then forwarded to the finance department which clears the appointments.

Under the DV Act, a protection officer shall conduct an inquiry into allegations of domestic violence and arrange for meetings if needed between the disputing parties. A protection officer also forwards legal assistance to women as required under the DV Act.

 

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