SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2020 Supreme(J&K) 175

HIGH COURT OF JAMMU AND KASHMIR
Gita Mittal, Rajnesh Oswal, J.
In Re: Court On Its Own Motion - Appellant
Versus
Union Territories Of Jammu & Kashmir And Ladakh - Respondent
WP(C) PIL. No. .... of 2020
Decided On : 16-04-2020

Headnote:

Domestic Violence Act, 2005 - Section 11(a) - Businesses Close – Employment - Unfortunately all crisis disproportionately impact women Thus internationally it has been observed that while the pandemic is having a tremendous negative impact on societies and economies adverse social and economic consequences pandemic for women and girls are devastating - In a statement made Secretary General of United Nations women around world working in informal economy earning less saving less are at greater risk of falling into poverty because COVID-19 pandemic - As markets fall and businesses close millions of women jobs have disappeared has observed that at same time as women are losing paid employment women unpaid care work has enhanced exponentially as a result of school closures and the increased needs of elder people - These currents have been observed to combine as never before to defeat women rights and deny women opportunities –Held, Women and girls face tremendous barriers in accessing means to meet for help and securing justice - Illiteracy financial incapacity ignorance of available assistance family and societal barriers fear formal institutions like police insufficient legal aid lack information etc impede women and girls from accessing resources against domestic violence being faced by them - Court have noticed that biggest obstacle to a woman seeking assistance against abuse and domestic violence is she has go against intimate domestic partners or her own family members lack of enforcement as well as alternative source of residence also impedes women filing complaints with officials or police - There is also a huge trust deficit – Court may also usefully advert to the statutory mechanism which is in existence Protection of Women from Domestic Violence Act for protection of rights women who are victims of violence of any kind occurring within the family -A duty is cast upon the government Section enactment take all measures to give wide publicity to provisions of the law through public media including electronic and the print media Department of Social Welfare Government of Union Territories of Jammu and Kashmir and Member Secretary JKSLSA to inform this court to submit a report with regard to steps taken regarding domestic or any other kind violence being faced by women on account of the implementation of COVID-19 lockdown Kashmir Legal Services Authority shall call for all cases involving cases of domestic violence which are pending as complaints with police stations in the Union Territories or in courts and ascertain safety and well being of complainants - Secretaries of the Jammu and Kashmir Legal Services Authorities may seek assistance of police and legal volunteers - All courts in the Union Territory of Jammu and Kashmir and Ladakh shall treat cases of domestic abuse has urgent and proceed with the matters in accordance with the Circulars issued regarding procedure to be followed ensuring social distancing – Order accordingly

JUDGMENT

1. Let this matter be registered as a writ petition in public interest.

2. The COVID-19 pandemic has effected everyone all over the world. But there can be no dispute that it has effected different groups of people differently and there is a differential impact on existing inequalities in society. Unfortunately, all crisis disproportionately impact women. Thus internationally it has been observed that while the pandemic is having a tremendous negative impact on societies and economies, the adverse social and economic consequences of the pandemic for women and girls are devastating.

3. In a statement made by Mr. Antonio Guterres, the Secretary General of the United Nations, nearly 60% of women around the world working in the informal economy, earning less, saving less are at greater risk of falling into poverty because of the COVID-19 pandemic. As markets fall and businesses close, millions of women's jobs have disappeared. Mr. Antonio Guterres has observed that at the same time as the women are losing paid employment, women's unpaid care work has enhanced exponentially, as a result of school closures and the increased needs of elder people. These currents have been observed to combine as never before to defeat women's rights and deny women's opportunities.

4. The imposition of the unprecedented Corona Virus lockdown lends to creation of a situation of confinement of families in closed spaces as social distancing and the norm of 'Stay Home, Stay Safe' is enforced.

5. As the lockdown is implemented, societies as a whole are having reduced access to resources. There is increase in stress due to loss of jobs and strained finances. Lack of income, unemployment, insecurity about the future or the fate of children creates tensions amongst the adults leading to abuse of all kinds. This is exaggerated in families with prior histories of such behaviour. Women and children are found to be specially vulnerable to such domestic violence which has seen a worldwide spike.

6. According to Mr. Antonio Guterres, nearly one in five women worldwide has experienced violence in the past year. The problems of these women have got exacerbated as many of them are now trapped at home with their abusers, struggling to reach out to services and are suffering from cuts and restrictions. Access to friends, family, public spaces, legal institutions and police stands rendered barricaded on account of the lockdowns. Resultantly women and girls are unable to escape from the abuser or the violations. Women and girls are facing a disconnect from social support system with fewer options to get redressal or relief if needed.

7. 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. This data, shows a steep rise during the lockdown, compared with the figures available for the week between March 2-8, that stands at a total of 116 complaints. The cases of domestic violence, specially, rose to 69 from 30.

8. One factor in the mode of lodging a complaint, which has been noticed in India, is the inability of women and children from the economic weaker sections of the Indian society to accessing on-line platforms for assistance. Any measure for assistance to victims of domestic violence must provide for women and children from this group.

9. Taking note of the difficulties of women, the Secretary-General of the UN has called for all governments to make the prevention and redress of violence against women a key part of their national response plans for COVID-19. Shelters and helplines for women must be considered an essential service for every country with specific funding and broad efforts made to increase awareness about their availability.

10. The position as obtains in India on the issue of domestic violence is similar as is being experienced

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top