Breaking: J&K HC Takes Suo Moto Cognizance Of Domestic Violence Cases Amid Lockdown; Issues Guidelines [Read Order]

A division bench led by Chief Justice Gita Mittal noted that due to lockdown, victims of domestic violence have been trapped at homes with their abusers and have no access to friends, family, public spaces, legal institutions, etc.

In this backdrop the bench has issued notices to the Department of Social Welfare, Government of Union Territories of Jammu and Kashmir and Ladakh and to the Jammu and Kashmir State Legal Services Authority to submit a report with regard to the steps taken by them regarding domestic or any other kind of violence being faced by the women on account of the implementation of the COVID-19 lockdown.

To grant "immediate assistance" in this regard, the following measures have been proposed by the court:

• 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.

Additionally, all the courts in both the UTs have been directed to treat cases of domestic abuse as 'urgent' and to proceed with the matters in accordance with the procedure, while ensuring that all norms of social distancing are followed.

The matter was taken up suo moto after Secretary General of the United Nations Antonio Guterres called for all the governments across the globe to make prevention and redress of violence against women a key part of their national response plans for COVID-19.

As per Guterres, females were not only at a higher risk of losing jobs but were also being burdened with exponentially enhanced "unpaid care" as a result of school closures and the increased needs of elder people. He further pointed out that problems of women 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.

Considering these remarks, the bench also comprising of Justice Rajnesh Oswal has urged the policy makers that women's leadership and adequate contributions must be at the heart of the COVID-19 planning and implementation measures so as to ensure adequate means and tools to address domestic violence to victims in the two Union Territories.

The bench has also asked the JKSLSA to call for list of all cases involving cases of domestic violence which are pending as complaints with the police stations in the Union Territories or in the courts and ascertain the safety and well being of the complainants, with the assistance of police and para legal volunteers.

Advocate Monika Kohli has been appointed as amicus curiae

Case Details:

Case Title: In Re: Court on Its Own Motion v. Union Territories of Jammu & Kashmir and Ladakh

Quorum: Chief Justice Gita Mittal and Justice Rajnesh Oswal

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