Shrimati Rekha Raj v. State Of Chhattisgarh And ORS.
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 43 of 2013 Shrimati Rekha Raj W/o Shree Munnilal Raj Aged About 34 Years R/o Village Aakdih, Post Koni, Thana Masturi, Revenue And Civil District Bilaspur, Chhattisgarh.
---- Petitioner
Versus
1. State of Chhattisgarh Through Principal Secretary, Govt. of Chhattisgarh, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh
2. Ministry of Law and Legislative Department, Through Its Secretary, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh
3. Ministry of Women and Child Development, Through Its Secretary, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh
4. The State Legal Authority Chhattisgarh Through Member Secretary Chhattisgarh State Legal Services Authority Vidhik Sewa Marg, Bilaspur, Chhattisgarh ---- Respondents For Petitioner : Shri Mahendra Dubey, Advocate.
For Respondent/State : Shri Yashwant Singh Thakur, Additional Advocate General. For Respondent/SLSA : Shri Ashish Shrivastava, Advocate. Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Prashant Kumar Mishra, Judge Order on Board 10/08/2018 Per Ajay Kumar Tripathi, Chief Justice 1.
Heard counsel for the parties.
2.
When the writ application by way of a 'Public Interest Litigation' was filed in the year 2013, the cause and concern expressed in the writ application by the Petitioner regarding absence of infrastructure as well as the necessary administrative machinery for effective implementation of the mandate of the law known as 'Protection of Women from Domestic Violence Act, 2005', was missing. 3.
It was only when the Court took up the matter in all its earnest and started
monitoring the issue, the State of Chhattisgarh has woken up and has done significant amount of work, which are reflected from various affidavits filed on behalf of the State from time to time.
4.
Counsel for the State seems to be correct in taking a stand that since the scheme and implementation is of the widest reach, therefore, steps are being taken to ensure that the mechanism percolates down to the lowest level. There is no lack of will on the part of the State in this regard and assurance has been given that the follow-up and implementation which is being monitored and carried out will continue.
5.
The State Legal Services Authority was also impleaded as a party. The Court wanted to know as to what role was played as part of their obligation as well to provide legal aid to such victims. It is reflected from their affidavit filed on 21.09.2017 and 06.11.2017 that the State Legal Services Authority have also taken it upon themselves the responsibility and they have now framed a scheme known as 'Hamar Angana Scheme, 2017'. The copy of the scheme has also been annexed and brought on record.
6.
In the above circumstances, significant amount of work has been done and the Court compliments the Petitioner for bringing to the notice of this Court a valuable piece of legislation which was meant for at least 50% of the population, was not serving the purpose of the enactment in absence of due follow-up and lack of infrastructure and administrative machinery. 7.
The writ application is now disposed off. The State authorities and the State Legal Services Authority, both will fulfill their obligation and carry on the work being done by them.
Sd/- Sd/- (Ajay Kumar Tripathi) (Prashant Kumar Mishra) CHIEF JUSTICE JUDGE Anu