Srinagar: In the public interest petition seeking establishment of shelter homes for women facing domestic violence, the High Court has granted the last opportunity to the Jammu & Kashmir government to file an affidavit, directing personal appearance of the Director, Social Welfare Department, in case of failure.
The PIL filed by Mehram Women’s Cell Kashmir has, for the past couple of years, been soliciting directions by the top court of the Union Territory for establishing shelter homes for destitute women in Jammu and Kashmir as mandated under the Domestic Violence Act, 2005.
Chief Justice Tashi Rabstan and Justice M A Chowdhary, while hearing the PIL, observed that a detailed affidavit in terms of their earlier orders has not been filed till date.
At this, Faheem Nissar Shah, the government lawyer, requested the bench to grant the concerned government agencies further time to file their officially sworn statement. The judges accordingly granted a further one week’s time as a final opportunity to the government.
“Failing this, the Director, Social Welfare Department, UT of Jammu and Kashmir, shall appear in person on the next date of hearing,” they directed.
The matter has been posted for further hearing on April 16 2025.
The court had earlier also granted time to the government to file an affidavit, but found its response as “inadequate” in various aspects for the proper implementation of the Domestic Violence Act, 2005, in terms of infrastructure and manpower.
The petitioner, Mehram Women’s Cell Kashmir, contends 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 says, plays a prominent role in the efficacious implementation of the social welfare legislation.
The organisation further says 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,” it said while pointing out that there are no shelter homes available for the victims of domestic violence in J&K.
The petitioner submitted that the government has failed not only to discharge the statutory obligations but has equally failed in fulfilling and showing requisite commitment to the constitutional and internationally accepted duties and obligations concerning the establishment of shelter homes.
It states 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,” reads the petition.
Despite adequate protection ensured by the various provisions of the Act, the organisation says, 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 UT 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 also seeks direction to the Chief Secretary of J&K to sensitise the police officers and members of judiciary concerning gender-based violence.
It prays that aggrieved persons should be granted a ‘residence order’ under Section 19 of the DV Act, 2005.
