J&K HC Disposes PIL On Domestic Violence Act

(MENAFN- Kashmir Observer) Srinagar- The High Court of J&K and Ladakh has disposed of a Public Interest Litigation, seeking its directions for effective implementation of Protection of Women from Domestic Violence Act including establishing of shelter homes for destitute women in Jammu and Kashmir as mandated under legislation.

A division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal closed the proceedings in the PIL after hearing submissions by senior AAG and counsel representing the petitioner organization-Mehram Women's Cell Kashmir.

Among others, the organisation in its plea filed in 2022 highlighted absence of shelter homes, ill-equipped shelter homes, lack of awareness to the provisions of the Act, insensitivity towards the domestic violence cases, unqualified Protection Officers as also no training programs being conducted by the authorities.

Senior AAG, Abdul Rashid Malik submitted that in Jammu and Kashmir, Child Development Protection Officers (CDPOs) have been designated as Protection Officers vide SRO 427 of 2015 to ensure district-level coverage. He said roles of CDPOs are well aligned with the objectives of the legislation since they coordinate services for vulnerable population including women facing domestic violence.

Further, he said, CDPOs are trained in social welfare schemes and have practical experience in handling cases relating to women and child protection. Similarly, he said, the Mission Director (Mission Shakti) in coordination with the District Social Welfare Officers (DSWOs) have already initiated a training program for CDPOs to enhance their understanding of the Act. And they are duly sensitized to domestic violence issues, he said.

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However, he said the workload as regards the CDPOs has indeed multiplied and that the same needs to be addressed at the earliest to ensure quality and expeditious service delivery. Similarly, he said, as regards shelter homes, service providers, counseling, welfare experts, medical facilities, awareness and publicity,“a substantial ground has been covered”.

He said that the Jammu and Kashmir administration was committed to effective implementation of Protection of Women from Domestic Violence Act, 2005 as is made out from the operational framework of 20 OSCs, two Shakti Sadans, 11 Shakti Sadans and five Sakhi Niwas, ten Special Cells, Nari Adalats, and Women Helpline (181) under Mission Shakti.

Amicus Curiae in the PIL, Sharaf Wani, submitted that while the PIL has substantially served its purpose,“still it is a work-in-progress and lot needs to be done.”

The amicus curiae further submitted that for present, the court may close the proceedings in the present PIL but she be granted liberty to approach the Court by a fresh petition in the event the schemes and several other initiatives that are alleged to have been initiated by the authorities do not make any tangible and substantial progress.

“In the wake of the above and the statement made by the learned counsel for the parties, the proceedings in the petition at hand are accordingly closed,” the court said and disposed of the PIL.

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