Section 37 DV Act: Power of Central Government to make rules

Section 37 of Domestic Violence Act, 2005: Power of Central Government to make rules

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(a) the qualifications and experience which a Protection Officer shall possess under sub-section (2) of section 8;

(b) the terms and conditions of service of the Protection Officers and the other officers subordinate to him, under sub-section (3) of section 8;

(c) the form and manner in which a domestic incident report may be made under clause (b) of sub-section (1) of section 9;

(d) the form and the manner in which an application for protection order may be made to the Magistrate under clause (c) of sub-section (1) of section 9;

(e) the form in which a declaration of service of notice shall be made by the Protection Officer under sub-section (2) of section 13;

(f) the qualifications and experience in counselling which a member of the service provider shall possess under sub-section (1) of section 14;

(g) the form in which an affidavit may be filed by the aggrieved person under sub-section (2) of section 23;

(h) any other matter which has to be, or may be, prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament.

Legal Commentary & Landmark Judgments: Section 37

Section 37 empowers the Central Government to formulate subordinate legislation and statutory rules to carry out the provisions of the DV Act, leading to the enactment of the Protection of Women from Domestic Violence Rules, 2006.

Rule-Making Power: The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of the Act.
Prescription of Statutory Forms: Enables the formulation of Form I (Domestic Incident Report), Form II (Application to Magistrate under Section 12), and Form III (Affidavit for Ex-Parte Relief under Section 23(2)).
Parliamentary Oversight: Rules made under Section 37 must be laid before each House of Parliament while in session for a total period of thirty days to ensure legislative scrutiny.

Key Landmark Precedents:

Kamlesh Devi v. Jaipal (2019) 8 SCC 745: The Supreme Court held that the Protection of Women from Domestic Violence Rules, 2006 framed under Section 37, particularly the standardized formats for DIR and affidavits, are vital to structure summary proceedings without evidentiary chaos.
Social Action Forum for Manav Adhikar v. Union of India (2018) 10 SCC 443: Emphasized that the statutory rules framed under Section 37 establish uniform national procedures for Protection Officers and courts.

Courtroom Practice & Strategic Litigation Guidance:

Always cross-reference Section 37 with the 2006 Rules. Ensure that any application filed under Section 12 strictly complies with Form II and is accompanied by an affidavit in Form III to immediately unlock the court's power to grant ex-parte ad-interim orders under Section 23(2).

Section 37: Power of Central Government to make rules

Section 37 of Domestic Violence Act, 2005: Power of Central Government to make rules

Legal Commentary & Landmark Judgments: Section 37