J&K&L High Court Seeks Response Of Govt, SLSA Over Implementation Of Women Related Schemes In UT Jammu & Kashmir

The Jammu and Kashmir and Ladakh High Court last week sought the reply of the UT Administration of Jammu and Kashmir as to if they are satisfied with the implementation of the women-related schemes [particularly 'Women Help Line' (WHL) and 'One Stop Centre' (OSC) schemes] in the Union Territory of Jammu and Kashmir.

In case they aren't satisfied, the Court has asked for their suggestions regarding the improvement to be brought out so that the schemes are independently implemented and may not be rendered defunct.

The Bench of Chief Justice Pankaj Mithal and Justice Puneet Gupta has also called for the reply of the Secretary, State Legal Services Authority, J&K to independently submit his input in connection with such schemes.

Essentially, the Court was dealing with a Public Interest Litigation (PIL) plea filed by Aman Satya Kachroo Trust, through its founder trustee Prof. Rajender Kachroo, for constitution of a committee under the Chairmanship of the Chairperson of the SLSA to provide direction and guidance to the Union Territory in the matter of implementation of all women related schemes in Jammu and Kashmir.

The PIL has been filed particularly focussing on WHL and OSC schemes for women and the plea also seeks a direction to the Ministry of Women and Child Development Department to ensure that these schemes are implemented in the Union Territory as per the guidelines and the objectives.

The background of the schemes

It may be noted that in the wake of 2012 gang rape in Delhi commonly known as 'Nirbhaya's case,' a committee was constituted under the Chairmanship of Justice Verma and the said committee had recommended for certain schemes to provide women with (i) access to justice; (ii) access to Government services; and (iii) access to welfare schemes of both State and Central Government.

The schemes were to be funded wholly by the Ministry of Women and Child Development (WMC) from the Nirbhaya fund.

Thereafter, the Apex Court in Civil Writ Petition No. 565 of 2013, 'Nipun Sexana v. Union of India' had asked the States and the Union Territories to set up at least 'One Stop Centre ' (OSC) in every district before the end of 2019.

Against this backdrop, the PIL plea was filed concerning whether the schemes of 'WHL' and 'OSC' are being implemented as per the guidelines and whether the NGOs allowed to operate the schemes in some of the districts are well equipped to run the said schemes.

It has been submitted in the PIL plea that these WHLs and OSCs in Jammu and Kashmir do not conform to the essential features of the scheme. In light of this, the Court directed for the issuance of a notice in the aforementioned terms. The matter has been posted for further hearing on March 7, 2022.

Case title - Aman Satya Kachroo Trust v. State of J&K and Others

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