The main legal point established in the judgment is the emphasis on the effective implementation of the Protection of Women from Domestic Violence Act, 2005 and the need for functional helplines and prompt response to calls and messages.

JUDGMENT :

D. N. PATEL, J.

CM APPLs. 10318/2020, 10373/2020 & 10374/2020 (all exemption applications)

Allowed, subject to just exceptions.

The applications stand disposed of.

CM APPL.10372/2020 (for Intervention)

Having heard learned counsel for the applicant/Delhi State Legal Services Authority (DSLSA) and looking to the role to be played by them, this application is allowed. Delhi State Legal Services Authority is permitted to be joined as a party respondent.

W.P.(C) 2973/2020

1. The Court is convened through Video Conferencing.

2. This Public Interest Litigation has been preferred with the following prayers:-

“(a) Issue a writ of mandamus or any appropriate writ, order or direction to the Respondents or other appropriate authorities to exercise powers vested to them u/s 34 of The Disaster Management Act, 2005:

(i). to appoint Nodal Officers to attend distress calls of Domestic Violence Victims and victims of child abuse;

(ii). to activate and widely publisize helpline numbers, WhatsApp numbers as well as numbers of concerned NGOs and Govt. representatives who would be able to assist the victims immediately and round the clock;

(iii). to create an awareness drive vide all possible channels – be it news channels, Doordarshan, newspapers, radio, websites, WhatsApp alerts, SMS alerts, tele-calling etc. and other social media such as Facebook and Twitter about the issue of domestic violence and child abuse and ensure that immediate help is available;

(iv). to exempt/relax lockdown norms for any person who steps out of the house to report domestic abuse or child abuse and that no action will be taken against them;

(v). to offer free tele-counselling or video-counselling to victims by teams of Psychologists/Psychiatrists and the same be widely advertised on all social media such as Facebook and Twitter. Even regular SMSs can also be sent to create awareness;

(vi). to establish local area wise/colony wise temporary shelters and rape crisis centres;

(vii). to organize announcements in colonies/societies through the police personnel already deployed in those areas, to whatever extent possible, about the consequences of such abuse and that help is available for any such victim who is scared to come out;

(viii). to identify places/hostels/hotels within Delhi and keep them ready to relocate any such victims of domestic abuse and child abuse, should they be compelled to leave their homes immediately;

(ix). to provide any such victim of domestic violence or child abuse, police protection immediately, if needed;

(x). to identify additional ways to help the victims who have no means to escape and devise new techniques for the outreach on an urgent basis;

(xi). to popularize the use of some agreed upon code-word/sign language through which the victims of domestic violence/child abuse can report at pharmacy/grocery stories or hospitals (which are open during the lockdown);

(b) Pass such other or further order(s) as this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case.”

3. Learned counsel for the petitioner has submitted that domestic violence against women has increased manifold in the lockdown period arising from COVID-19 pandemic. The petitioner referred to the World Health Organization (WHO) guidelines dated 26.03.2020 relating to COVID-19 and violence against women at ‘Annexure P-1’ of the memo of this writ petition. Learned counsel also referred to the order passed by the High Court of Jammu and Kashmir dated 18.04.2020 wherein the Hon’ble Court has taken suo moto cognizance on account of an upsurge in domestic violence cases against women and children and issued notices to the Secretaries and appointed Amicus Curiae. She has specifically referred to paragraphs 6 and 7 of the said order.

4. Learned counsel for the petitioner has also referred to the status report filed by the Union of India on behalf of respondents No.1, 2, 4 and 6 and also referred to the status report filed by the Government of NCT of Delhi. She has cat