Shrimati Rekha Raj vs State Of Chhattisgarh And Ors

Ajay Kumar Tripathi, CJ

Heard counsel for the parties.

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.

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.

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.

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.

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.

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.