Fresh directives passed for help of women in distress
Detailed reports sought from Social Welfare Deptt, SLSA
Mohinder Verma
JAMMU, Apr 29: Observing that elderly abuse and violence against children and disabled is rampant in the society at all point of time, a Division Bench of the common High Court for the Union Territory of Jammu and Kashmir and Union Territory of Ladakh has sought a detailed report in this regard from the Social Welfare Department and J&K State Legal Services Authority with the direction to take effective steps so that situation is not aggravated during the lockdown period.
In the Court on its Own Motion Versus Union Territories of Jammu and Kashmir and Ladakh case, which was heard through video-conference, the Division Bench of the High Court comprising Chief Justice Gita Mittal and Justice Rajnesh Oswal observed, “in our order dated April 16, 2020 we had overlooked certain other specific groups in the society, who need special protection during the current lockdown”.
“These include senior citizens, children, the disabled and transgender. Elderly abuse and violence against children as well as violence against transgender is rampant in the society at all point of time. Just like violence against women, such violence may have aggravated in the lockdown situation and resultant confinement”, the DB said.
Accordingly, the DB directed the Department of Social Welfare and Member Secretary, J&K State Legal Services Authority to examine the requirements and steps necessary to mitigate the complaints and difficulties of victims of elderly abuse, child violence, violence against disabled and transgender in the Union Territories of Jammu and Kashmir and Ladakh.
The DB has also sought a report of measures in place, steps under-way and those contemplated regarding them by May 13, 2020. It has been made clear by the Division Bench that directions passed on April 16, 2020 would squarely apply to these groups of the community as well.
These directions include creation of dedicated funding to address issues of violence/abuse as part of the COVID-19 response by the Union Territories of the Jammu and Kashmir and Ladakh; increased availability of call-in services to facilitate discreet reporting of abuse; increased tele/online legal and counselling service; designated informal safe spaces where they can report violence/abuse and increasing awareness campaigns on all aspects of the issues.
Pointing towards the reports submitted by the Department of Social Welfare and State Legal Services Authority in pursuance to the order dated April 16, 2020 highlighting the details of domestic violence and steps initiated by the Government, the DB observed, “we are informed that a total of 1314 calls have been received from the affected persons on the emergency number 181 from March 24 to April 24 out of which 65 are related to violence against women and legal process stands initiated in these”.
It is pertinent to mention here that the reports of Social Welfare Department and State Legal Services Authority, which were pursued by the Division Bench, were exclusively highlighted by EXCELSIOR in today’s edition.
“The remaining 956 calls were reported by migrant labourers, who were in distress on account of the lockdown. Extensive publicity is being given for putting the information regarding measures available for the victims of domestic violence in the public domain”, the DB said while referring the reports.
About designation of informal safe spaces for women for reporting domestic violence/abuse without altering the perpetrators, the DB said, “the Social Welfare Department has informed that it has notified Anganwari workers for the reason that women/complainants would not be comfortable in expressing their personal issues with the male members of the society”.
However, DB noted that women in distress would not have easy access to the Anganwari workers. “Ease of access has to be a primary concern for notifying an authority especially in the urban areas”, the DB said, adding “it may not be correct that women as a rule would be uncomfortable in making a complaint against the violence to male members of the society”.
Accordingly, the DB directed the Social Welfare Department to consider case of access of the women in distress as a basis for notifying the authority.
The DB appreciated the prompt responses and extensive steps taken by the Principal Secretary Social Welfare Department Shalendra Kumar and Member Secretary J&K State Legal Services Authority M K Sharma. “Deputy Commissioners in the UTs as well as the Secretaries of the District Legal Services Authorities also deserve to be complemented for their commitment to the response to the domestic violence issues during COVID-19 lockdown”, the DB added.
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