HC closes PIL on effective implementation of DV Act
Srinagar, Jul 16: The High Court of J&K and Ladakh has closed the proceedings related to a Public Interest Litigation calling for effective implementation of Protection of Women from Domestic Violence (DV) Act which included setting up of shelter homes for destitute women in Jammu and Kashmir in keeping with the law.
A division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal closed the PIL after hearing senior AAG, Abdul Rashid Malik and counsel for the organization, Mehram Women’s Cell Kashmir that had petitioned to flag the issue.
In its PIL filed in 2022, the organisation highlighted absence of shelter homes, ill-equipped shelter homes, lack of awareness to the provisions of the Act, insensitivity towards the domestic violence cases, unqualified Protection Officers as also no training programs being conducted by the authorities.
On behalf of the government, the senior AAG said that in Jammu and Kashmir, Child Development Protection Officers (CDPOs) have been designated as Protection Officers vide SRO 427 of 2015 to ensure district-level coverage. “ CDPOs are well aligned with the objectives of the legislation since they coordinate services for vulnerable populations including women facing domestic violence”.
Moreover, he argued that the CDPOs are trained in social welfare schemes and have practical experience in handling cases relating to women and child protection. The Mission Director (Mission Shakti) in coordination with the District Social Welfare Officers (DSWOs) have already initiated a training program for CDPOs to enhance their understanding of the Act, he said. “And they are duly sensitized to domestic violence issues”.
While the senior AAG said that the workload as regards the CDPOs has indeed multiplied and the same needed to be addressed at the earliest to ensure quality and expeditious service delivery. “As regards shelter homes, service providers, counseling, welfare experts, medical facilities, awareness and publicity, a substantial ground has been covered”, he told the court.
He said that the Jammu and Kashmir administration was committed to effective implementation of Protection of Women from Domestic Violence Act, 2005 as is made out from the operational framework of 20 OSCs, two Shakti Sadans, 11 Shakti Sadans and five Sakhi Niwas, ten Special Cells, Nari Adalats, and Women Helpline (181) under Mission Shakti.
Sharaf Wani , who assisted the court in the PIL as amicus curiae, said that while the PIL substantially served its purpose. She, however, said “still it is a work-in-progress and lots needs to be done.” While the amicus curiae said that for present, the court might close the proceedings in the PIL, she said she be granted liberty to approach the Court by a fresh petition in the event the schemes and several other initiatives that are alleged to have been initiated by the authorities do not make any tangible and substantial progress.
Following the statements made by the learned counsel for the parties, the court did away with the proceedings and closed the PIL, accordingly.
In its PIL, the organisation contended that the gender discriminatory customs, practices and rituals against women in Kashmir continue to institutionalise second-class status for women and girls regarding elections, education, marital rights, employment rights, parental rights, and inheritance and property rights. “These forms of discrimination against the Kashmiri women are incompatible with their empowerment,” it said.
The PIL had sought to sensitise the police officers and members of judicial officers concerning gender-based violence. It urged that aggrieved persons should be granted a ‘residence order’ under Section 19 of the DV Act, 2005.
