JUDGMENT

EMG-WP (C) PIL No. 2/2020

1. Pursuant to the order dated 16th April, 2020 passed by us, a report has been received from the Principal Secretary, Department of Social Welfare placing before us the steps taken. The same is taken on record.

2. As per the report, during January, 2020 to March, 2020, 81 cases of domestic violence stands registered in the UT of J&K and during the lock down period, the Social Welfare Department has reported that 16 cases of rape, 64 cases of molestation and one case of eve teasing have been reported. Rs. 10 lacs for each district of UT of J&K has been sanctioned out of SDRF fund for COVID-19 containment for victims of domestic violence for providing temporary accommodation, food clothing, medical care etc.

3. Additionally, the department of Disaster Management, Relief, Rehabilitation and Reconstruction (DMRR) Government of J&K has issued directions to all the Deputy Commissioner for designating 10 beds in each District Quarantine Centre exclusively and accessible for victims of domestic violence in the J&K.

4. Mr. Amit Gupta, learned AAG draws our attention to the order passed by the Deputy Commissioners identifying the locations of theses safe spaces for the victims of domestic violence.

5. We are informed that a total of 1314 calls have been received from the affected persons on the emergency number 181 from 24th March, 2020 to 24th April, 2020, out of which 65 are related to violence against women and legal process stands initiated in these. The remaining 956 calls were reported by migrant labourers, who were in distress on account of the lock down. Extensive publicity is being given for putting the information regarding measures available for the victims of domestic violence in the public domain.

6. So far as designation of informal safe spaces for women for reporting domestic violence/abuse without alerting the perpetrators is concerned, the Social Welfare Department has informed that it has notified Anganwadi Workers for the reason that women/complainants would not be comfortable in expressing their personal issues with the male members of the society. We had cited the example of grocery stores and pharmacies in foreign countries being notified as such safe spaces for the reason that every family is accessing grocery stores and pharmacies even in the lock down period.

7. Women in distress would not have easy access to the Anganwadi Workers. Ease of access has to be a primary concern for notifying an authority, especially in the urban areas. It may not be correct that women as a rule would be uncomfortable in making a complaint against the violence to male members of the society. It is essential for the Social Welfare Department to consider ease of access of the women in distress, as a basis for notifying the authority.

Let the Department of Social Welfare examine this aspect of the matter and consider notifying such appropriate spaces so that women in difficulty have easy access to them.

8. It appears that while recording our last order, we have overlooked certain other specific groups in the society, who need special protection. These include, senior citizens; children; the disabled and transgenders. Elderly abuse and violence against children as well as violence against transgenders is rampant in society at all point of time. Just like violence against women, such violence may have aggravated in the lockdown situation and resultant confinement.

The directions made by us on the 16th April, 2020 would squarely apply to these groups of the community as well.

9. Let the Department of Social Welfare and Member Secretary, J&K State Legal Services Authority examine the requirements and steps necessary to mitigate the complaints and difficulties of victims of elderly abuse; child violence; violence against disabled and transgenders in the UTs of Jammu and Kashmir as well as Ladakh.

A report of measures in place; steps under way and those contemplated regarding them be placed before us before