Domestic violence against women during lockdown
Courts asked to treat such cases as urgent
Excelsior Correspondent
JAMMU, Apr 18: Division Bench of the High Court comprising Chief Justice Gita Mittal and Justice Rajnesh Oswal has directed the Secretaries of Social Welfare Departments of Union Territories of Jammu and Kashmir and Ladakh and Member Secretary Legal Services Authority to submit a report with regard to the steps taken to check domestic or any other kind of violence being faced by the women during the current lockdown.
Moreover, the DB has directed all the courts in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh to treat cases of domestic abuse as urgent and proceed in accordance with the circulars regarding the procedure to be followed ensuring social distancing.
In the Court on its Own Motion, the DB observed, “the COVID-19 pandemic has affected everyone all over the world. But there can be no dispute that it has effected different groups of people differently and there is a differential impact on existing inequalities in society”, adding “unfortunately, all crisis disproportionately impact women. Thus internationally it has been observed that while the pandemic is having a tremendous negative impact on societies and economies, the adverse social and economic consequences of the pandemic for women and girls are devastating”.
“So far as India is concerned, according to the latest data released by the National Commission for Women, within a week after the lockdown began on March 24, a total of 257 complaints relating to crime against women, have been received by its Complaint and Investigation Cell”, the DB said, adding “this data shows a steep rise during the lockdown as compared with the figures available for the week between March 2-8 that stands at a total of 116 complaints”.
The DB further said, “judicial notice can be taken of the fact that the plight of victims of domestic violence in the Union Territories of Jammu and Kashmir as well as Ladakh must be no different as that of similarly placed victims in other jurisdictions”, adding “we have no hesitation in holding that to ensure adequate means and tools to address domestic violence to victims in these two Union Territories, women’s leadership and adequate contributions must also be at the heart of the COVID-19 planning and implementation measures”.
“In the Union Territories of Jammu and Kashmir and Ladakh, the Legal Services Authority has been addressing all issues concerning women and children at every level even before the COVID-19 problem arose. We are positive that they must be contributing in a large measure to mitigation efforts being undertaken in the Union Territories even at present”, the DB said.
The DB directed the administration of both the UTs to create dedicated funding to address issues of violence against women and girls as part of the COVID-19 response; increased availability of call-in services to facilitate discreet reporting of abuse; increased tele/online legal and counselling service for women and girls; designated informal safe spaces for women, say grocery stores and pharmacies, where they can report domestic violence/ abuse without alerting the perpetrators.
The DB further directed the Govt to immediate designate safe spaces (say for instance empty hotels/education institutions etc) as shelters for women who are compelled to leave their domestic situation. These shelters must be treated as accessible shelters.
The DB also issued notices to the Secretary, Department of Social Welfare, Government of Union Territories of Jammu and Kashmir and Ladakh and Member Secretary, JKSLSA with the direction to submit a report with regard to the steps taken regarding domestic or any other kind of violence being faced by the women on account of the implementation of the COVID-19 lockdown.
The Secretaries of the Legal Services Authority of J&K and Ladakh UTs were also directed to call for list of all cases involving cases of domestic violence which are pending as complaints with the police stations or in the courts and ascertain the safety and well being of the complainants.
The DB further directed all the courts in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh to treat cases of domestic abuse as urgent and proceed with the matters in accordance with the circulars issued regarding the procedure to be followed ensuring social distancing.
The DB appointed Advocate Monika Kohli as an amicus curiae.
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