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Section 6: Duties of shelter homes

Domestic Violence Act, 2005 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2005
Section 5 All 37 Sections of Domestic Violence Act, 2005 Section 7

Legal Commentary & Landmark Judgments: Section 6

Section 6 establishes the statutory obligation of recognized shelter homes to provide immediate, secure lodging and shelter to an aggrieved woman upon her request or upon referral by a Protection Officer or service provider.

  • Mandatory Lodging Duty: The person in charge of a registered shelter home shall provide shelter in the shelter home to the aggrieved woman upon her request or upon request by a Protection Officer.
  • Protection for Dependent Children: Extends shelter rights to the aggrieved woman along with her minor dependent children without imposing unreasonable admission conditions.
  • Coordination with Police: Requires the shelter home to coordinate with local police and Protection Officers to ensure physical safety and prevent intimidation by the respondents.
Key Landmark Precedents:
  • Saraswathy v. Babu (2014) 3 SCC 712: The Supreme Court held that the domestic violence apparatus was enacted to prevent women from being thrown out onto the streets; the institutional network of shelter homes and Protection Officers must ensure emergency physical security.
  • Manmohan Attavar v. Neelam Manmohan Attavar (2017) 8 SCC 550: Emphasized that an aggrieved woman's entitlement to emergency shelter and accommodation is an immediate statutory priority during initial stages of matrimonial breakdown.
Courtroom Practice & Strategic Litigation Guidance:

When representing an aggrieved woman facing sudden midnight eviction or severe physical violence, immediately request the Protection Officer or the Duty Magistrate under Section 6 to issue an official referral directing the nearest government-notified shelter home to provide secure admission.

Section 5 All 37 Sections of Domestic Violence Act, 2005 Section 7