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One of the most important duties of the Protection Officer, mentioned in Rule 8(1)(iv) of the PWDVR, is to prepare a Safety Plan for the aggrieved person upon an application being moved under Section 12 of the PWDVA. A Safety Plan is a document prepared for the aggrieved person that identifies the ways in which the aggrieved person can protect herself during a violent incident and reduce the risk of serious harm. Although the law authorises the PO to prepare a Safety Plan when an application under Section 12 is submitted, it is advisable for POs to prepare a Safety Plan at the time of recording a DIR.23 _{However, it}

must be borne in mind that a Safety Plan is not a pre-condition for obtaining orders under the PWDVA.

In Practice

Anecdotal data from Maharashtra indicates that whenever an aggrieved person approaches a Protection Officer, the PO prepares a Safety Plan in addition to recording a DIR and assisting the aggrieved person in preparing an application under Section 12. This is especially so in cases where there is an apprehension of grave forms of domestic violence. The Safety Plan, so prepared, is then attached to the application filed in Court, also enabling the Magistrate better to gauge the situation and pass appropriate orders.

[Source: Informal interactions between POs and the Lawyers Collective (Women’s Rights Initiative); December 2008]

23_{Rule 8(2)(a) of the PWDVR mandates that it is the duty of the PO to protect the aggrieved person from domestic violence. The Safety Plan}

provides a useful check list for POs to follow so as to anticipate and prevent future acts of domestic violence. It also empowers the aggrieved person in securing her own safety and taking preventive measures.

A PO’s role in preparing a Safety Plan is to assist the aggrieved person in assessing the risk the respondent poses to her and develop a practical plan to keep safe. To do this, the PO must conduct a risk- assessment with the aggrieved person and exercise extreme care for the woman’s safety.

POs must always bear in mind that it takes courage for a woman to initiate legal proceedings against members of her own family and intimate partners. In most cases, it is only when a person is unable to withstand the circumstances that she will make a legal complaint. Tolerance levels vary from person to person, as do pressures of individual situations. An aggrieved person is usually in the best position to assess the potential danger of her situation and should be encouraged to rely on her own instincts. It is likely that the aggrieved person has already engaged in significant safety planning on her own in the past.

Pointers in risk-assessment include:

If the parties are in a matrimonial relationship and have been recently separated or the aggrieved woman is attempting a separation.

The aggrieved woman strongly believes that she is in imminent danger.

History and pattern of violence: factors like frequency, severity and timing of violent incidents in the past can often be strong indicators of present and future threats.

Threats by the perpetrator.

Previous incidents of stalking, harassment, intimidation and similar behaviour.

History of assaulting behaviour or taking the law into own hands by the perpetrator.

Alcohol or substance abuse.

Particular vulnerability of the woman, for example: pregnancy, complete financial dependency, no support system etc.

Some general guidelines to be borne in mind while devising a Safety Plan:

The PO must assist the aggrieved person in identifying and assessing the potential risks in a cogent and systematic manner.

The PO must assist the aggrieved person in evaluating options that are available to her. As a first step, as per Section 5 of the PWDVA, the PO must provide the aggrieved person with information on her rights and services of Service Providers.24 _{Evaluating options includes}

anticipating the consequences of each action and determining which option best increases the woman’s safety and autonomy.

A Safety Plan should provide multiple options and be prepared in association with a number of different situations in which the aggrieved person may find herself, such as during a violent incident, when she is preparing to leave, after leaving, at her place of employment, etc. Each of

24_{For further details on the manner in which such information is to be provided, see Chapter 4.}

these situations would be associated with different risks. A PO should assist the aggrieved person in assessing risks in each of these contexts and generate options to meet the specific situation. Hence, if a particular plan does not work out, then the aggrieved person should be able to change her plan and use other options.

Illustrations of Options for Safety in Particular Situations

During a violent incident: Determine how best to exit the home or find lower risk places to which the

aggrieved person can go if an argument occurs. Places with no exits (such as bathrooms or wall closets) or places that provide access to weapons (such as kitchens), are unlikely to be safe places.

Preparing to leave: Develop a list of people whom the aggrieved person may contact in an emergency

or places to which she might go if she leaves. She should be asked to memorise emergency numbers and keep aside some money to make phone calls at all times.

After leaving: If the aggrieved person’s economic dependence makes her more vulnerable to violence,

then the Safety Plan should include options for her to become economically independent.

At her place of employment: Inform co-workers about the aggrieved person’s situation so that they

can assist in screening calls and inform her if the respondent attempts to find or contact her. Other options may be to travel to work with another person, change routes used to travel to work, etc.

A Safety Plan must be comprehensive, concrete and should not be limited to strategies to respond to physical violence. The aggrieved person must and should be able to follow the plan if she finds herself in imminent danger.

The aggrieved person should be advised to leave the site of violence if necessary. In such cases, the police should be intimated of the possibility of such a situation arising. If the aggrieved person, by leaving the site of violence, is leaving her home, then the following issues require consideration:

Whether there is a safe place where she can stay, whether independently or with family or friends; whether she has money; whether there is any possibility of the respondent searching for her at the place where she will stay. She should be advised against disclosing the address of where she is staying.

Developing a plan for the aggrieved person’s removal from the place of violence if she is unable to do so herself.

Establish a code word or a sign so that co-workers, family, friends or neighbours are alerted of her condition and are able to initiate emergency steps.

Gather important documents and keep them in a safe place as there is a chance that the respondent might retaliate by destroying her personal property and documents. It is useful to leave a copy of important documents as well as extra clothes, money or keys, etc.

Examples of Important Documents

Identification Cards

Passports/Visas

Marriage and Birth Certificates

Deeds or Leases

Degrees and Certificates

Cheque books

Credit cards

Bank/Share statements

Utility bills: phone electricity, gas, etc.

Vehicle registration documents

Proofs of stridhan: lists of articles/ receipts

Examples of Documents that are Required to Prove Domestic Violence

Photographs with injuries

Medical or medico-legal certificates

Letters written by the aggrieved person or by the perpetrator

Police complaints or Non-Cognisable Reports (NCR)

Proof of the police's Daily Diary Entries (DDE)

Form V can be used in preparing a Safety Plan. This Form details forms of violence, the consequences of such violence and apprehensions of the aggrieved persons in Columns A-C. Column D entitled, “Measures required for safety,” is for recording options that can be resorted to by the aggrieved person. A Protection Officer is meant to fill in details in Columns C and D. In cases where the aggrieved person approaches the Court directly, she can either fill in these columns by herself or have a PO complete them for her with her consent after the application is filed in Court.

FORM V

(See rule 8(1)(iv)]