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Jammu And Kashmir High Court Seeks Govt. Stand On Increasing Domestic Violence Cases Amid Lockdown

The Jammu and Kashmir High Court has sought Government response on the steps being taken with regard to increasing number of cases of domestic violence and other violence against women on account of the implementation of the COVID 19 lockdown. 

A bench of the Jammu and Kashmir High Court comprising of Chief Justice Gita Mittal and Rajnesh Oswal was hearing a Suo Motu PIL on the vulnerability of Women and children to domestic violence who are facing a disconnect from social support system with fewer options to get redressal or relief if needed amid COVID 19 Lockdown.

The bench while hearing the matter referred to the UN Secretary General’s report on the issue of violence being faced by women amid COVID 19 Pandemic and the call for all governments to make the prevention and redress of violence against women a key part of their national response plans for COVID-19.

The bench further noted that “so far as India is concerned, according to the latest data released by the National Commission for Women, within a week after the lockdown began on March 24, a total of 257 complaints relating to crime against women, have been received by its Complaint and Investigation Cell.”

The Court has suggested certain measures to provide assistance for safety and well being of women amid COVID 19 Lockdown

  • Creation of dedicated funding to address issues of violence against women and girls as part of the COVID-19 response by the Union Territories of the Jammu and Kashmir and Ladakh;
  • 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 (say for instance empty hotels/education institutions etc) as shelters for women who are compelled to leave their domestic situation. These shelters must be treated as accessible shelters.
  • 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 bench has asked the Secretary, Social Welfare Department of the Union Territories of J&K and Ladakh and Member Secretary, JKSLSA to examine the measures suggested by the bench and to to take view with regard to the requirements and steps to be taken to mitigate the sufferings of the victims of domestic violence in the Union Territories.

The bench has further directed all the Courts in the Union Territory to treat all cases of domestic violence as urgent cases and has asked the JKSLA to call for all domestic violence cases in the Union Territory and ascertain the well being and safety of women amid COVID 19 Lockdown.

The matter has been listed for next hearing on April 28.

-India Legal Bureau

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