Srinagar: The High Court has directed the J&K Union Territory administration to file a detailed response within four weeks in a Public Interest Litigation seeking setting up of shelter homes for destitute women in Jammu and Kashmir as mandated under Domestic Violence Act, 2005.
Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta observed “needful in terms of order dated 22.07.2024 has not been done”.
The bench at the request of the counsel for the respondent authorities sought and was “granted, further four weeks’ time to file the detailed response with an advance copy to the other side”.
According to Sharaf Wani, in whose name the petitioner Mehram Women’s Cell Kashmir, had filed the PIL, the status report submitted by the authorities lacked comprehensive details necessary for her to make proper comment as regards the identified deficiencies.
Consequently the court had “requested” Sharaf Wani to give her response to the status report even if it was considered by her as inadequate.
Further, Sharaf Wani was required to prepare a brief note as per statutory requirements vis-a-vis various aspects for proper implementation of Domestic Violence Act, 2005 in terms of infrastructure, manpower etc. The note, the court had said, would enable it to issue necessary directions to the respondents to do the necessitating things.
Mehram Women’s Cell Kashmir, a “not-for-profit trust” had approached the court with the contention that the government has not implemented the Protection of Women from Domestic Violence (DV) Act, 2005 in Jammu and Kashmir.
The establishment of shelter homes as mandated by the DV Act, 2005, the organisation said, 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,” it pleaded.
The petitioner submitted 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 with respect to the establishment of shelter homes.
The organisation urged that the gender discriminatory customs, practices and rituals against women in Kashmir continue to institutionalise second class status for women and girls with regard to 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.
Despite adequate protection ensured by various provisions of the Act, the organisation claims, the women in Kashmir are still continuing to suffer and bear the agony and trauma caused by their in-laws. This is because of the failure on part of the State government to create shelter homes for the protection of victims of violence and ineffectual implementation of the Act, it said.
While the petitioner seeks directions for putting in place adequate infrastructure across the 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 for proper appointment and functioning of Protection Officers.
The PIL seeks direction to the J&K Chief Secretary to sensitise the police officers and members of judicial officers with respect to gender-based violence.
It prays that aggrieved persons should be granted ‘residence order’ under Section 19 of the DV Act, 2005.
