A Bench comprising of Chief Justice Gita Mittal and Justice Rajnesh Oswal issued a notice to the Secretary, Department of Social Welfare, Government of Union Territories of Jammu and Kashmir and Ladakh and the Member Secretary, of the J&K Legal Services Authority for report on steps taken to prevent domestic violence against women during lockdown.
The court added:
“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.”
The court had also suggested some immediate assistance steps against domestic violence for women, children from the economically weaker sections which are as follows:
- Creation of 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 counseling 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.
- Immediate designation of safe spaces as shelters for women who are compelled to leave their domestic situation.
- Giving urgent publicity to information regarding all of the above measures as also the availability of the facilities for seeking relief and redressal against the issues of domestic violence.
- Increasing awareness campaigns on all aspects of the issues.
The Court also referred to a statement issued by Antonio Guterres, the Secretary General of the United Nations, stating that nearly 60% of women around the world working in the informal economy, earning less, saving less are at greater risk of falling into poverty because of the COVID-19 pandemic.
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The Court proceeded to note that there was “steep rise” in crimes against women during the lockdown in India as well.
National Commission of Women received a total of 257 complaints relating to crimes against women within a week of lockdown. “The cases of domestic violence, specially, rose to 69 from 30“, the Bench noted.
On treating all domestic violence cases as urgent matters:
All the courts in the Union Territories have been directed 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 to ensure social distancing.
It was added that a duty was cast upon the government under Section 11(a) of the Protection of Women from Domestic Violence Act, 2005 to take all measures to give wide publicity to the provisions of the law, through public media including the electronic and the print media.
A report on the measures in place, steps underway and those contemplated to act against domestic violence faced during the COVID-19 crisis has been ordered to be placed before the Court by April 28.
The Bench also appointed Advocate Monika Kohli, as an amicus curiae, before listing the matter for further consideration on April 28.
Read Order here:
