HC seeks Government’s affidavit in 4 weeks

Srinagar, Aug 22: The High Court of J&K and Ladakh High Court has granted the government four weeks to file an affidavit in a Public Interest Litigation, seeking directions for establishing shelter homes for destitute women in Jammu and Kashmir as mandated under the Domestic Violence Act, 2005.

A bench of Chief Justice (Acting) Tashi Rabstan and Justice Rajnesh Oswal granted the time to the government to file the affidavit to the response the petitioner has filed to an “inadequate” response of the authorities in the PIL. The PIL has been filed by an organization, Mehram Women’s Cell Kashmir with the contention that the government has not implemented the Protection of Women from Domestic Violence (DV) Act, 2005 in Jammu and Kashmir.

In March this year, the petitioner filed a response to a status report submitted by the authorities in the PIL as the same was considered “inadequate” on various aspects for proper implementation of Domestic Violence Act, 2005 in terms of infrastructure and manpower.

“Learned counsel for the respondents seek and are granted four weeks to file a detailed affidavit to the response filed by the petitioner in terms of order dated 27.03.2024,” the bench said.

The establishment of shelter homes as mandated by the DV Act, 2005, the organisation says, plays a prominent role in the efficacious implementation of the social welfare legislation.

The organisation claims that the Act was drafted and passed with the object of effectively protecting the rights of the women guaranteed under the Constitution who are victims of violence of any kind occurring within the family. “It has been more than a decade since the Act came into force in J&K and yet the state Government has failed to execute and implement the Act properly”.

“There are no shelter homes available for the victims of domestic violence in J&K,” the organisation pleads.

The petitioner submits that the Government has failed not only to discharge the statutory obligations but has equally failed in fulfilling and showing the requisite commitment to the constitutional and international duties and obligations concerning the establishment of shelter homes.

The organisation contends 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.”

Despite the adequate protection ensured by the various provisions of the Act, the organisation says, the women in Kashmir are continuing to suffer and bear the agony and trauma caused by their in-laws because of the failure on the part of the State Government to create shelter homes for the protection of victims of violence and ineffectual implementation of the Act.

While the petitioner seeks directions for putting in place adequate infrastructure across Jammu and Kashmir for creating shelter homes for the victims of domestic violence, it also calls for the proper implementation of the mandatory provisions of Chapter III of the Protection of Women from Domestic Violence Act and proper appointment and functioning of Protection Officers.

The PIL seeks direction to the Chief Secretary to sensitise the police officers and members of judicial officers concerning gender-based violence. It prays that aggrieved persons should be granted a ‘residence order’ under Section 19 of the DV Act, 2005.