More than 80 cases of rape, molestation during lockdown
*Victims can also report abuse to Anganwari workers
Mohinder Verma
JAMMU, Apr 28: Though there is no significant increase in the domestic violence cases during the current lockdown imposed to contain Novel Coronavirus (COVID-19) yet over 3300 such cases are pending for disposal in different courts in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh.
However, over 80 cases of rape, molestation and eve-teasing have been reported during the current lockdown period especially in the Union Territory of Jammu and Kashmir.
The detailed information on all these aspects was placed before the Division Bench of the common High Court for the UT of J&K and UT of Ladakh today by the Legal Services Authority and Social Welfare Department in compliance to the directions passed in “Court on its Own Motion Versus Union Territories of J&K and Ladakh”.
On April 16, 2020, a Division Bench of the High Court comprising Chief Justice Gita Mittal and Justice Rajnesh Oswal had directed the Secretaries of Department of Social Welfare, Governments of Union Territories of Jammu and Kashmir and Ladakh and Jammu and Kashmir Legal Services Authority to submit the report with regard to the steps taken to check domestic or any other kind of violence being faced by the women on account of the implementation of the COVID-19 guidelines.
The DB had further issued directions for furnishing list of all cases involving domestic violence which are pending as complaints with the Police Stations and in the courts in the Union Territories of J&K and Ladakh.
As per the official information available with EXCELSIOR, there is no significant increase in number of domestic violence cases in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh as only 19 cases were reported ever since the imposition of lockdown to check spread of Coronavirus pandemic. Majority of such cases have come to the fore from the UT of Jammu and Kashmir.
However, 2411 cases of domestic violence are pending for disposal in different courts in both the UTs despite lapse of considerable period of time. Again majority of such cases are in Jammu and Kashmir. Moreover, a total of 913 cases registered under Section 498-A of Indian Penal Code (IPC) are also pending for disposal in different courts particularly of J&K Union Territory.
It is pertinent to mention here that Section 498-A of IPC provides safeguard to woman from cruelty by husband and his relatives in marital life. The expression ‘cruelty’ has been defined in wide terms so as to include inflicting physical or mental harm to the body or health of the woman and acts of harassment with a view to coerce her or her relations to meet any unlawful demand for any property or valuable security.
Sources further disclosed that even 126 cases of domestic violence are still being investigated mostly by Jammu and Kashmir Police and challans will be presented only when the expeditious completion of probe is ensured by those who are at the helm of affairs in the Police Department.
As per the report of the Social Welfare Department, during the lockdown period, 16 cases of rape, 64 cases of molestation and one case of eve-teasing have been reported in the Union Territory of Jammu and Kashmir. However, no dowry death has been reported.
“The recent directions of the Division Bench of the High Court are likely to help in expeditious disposal of all the cases of domestic violence by the courts”, sources said while disclosing that on last date of hearing the DB headed by Chief Justice had directed all the courts in both the UTs to treat cases of domestic abuse as urgent and proceed with matters in accordance with the circulars regarding the procedure to be followed ensuring social distancing.
About the suggestion of the DB regarding designating informal safe spaces for women like grocery stores and pharmacies where they can report domestic violence/abuse without altering the perpetrators, the Social Welfare Department through Additional Advocate General Amit Gupta submitted before the Division Bench that almost all grocery stores and pharmacies are manned by the male members of the society and the women are not comfortable to express their personal issues with the male members.
“Therefore, the Government of J&K has notified Anganwari workers, who are 27672 in number, as first point of contact and Anganwari centre as safe space, to express any act of domestic violence against women”, the Social Welfare Department informed the Division Bench, adding the Child Development Project Officers have also been appointed as Protection Officers.
The DB was further informed that the Anganwari workers have been given exposure to Standard Operating Procedures in dealing with the victims of domestic violence. “Additionally they have been acquainted to help with mental and physical stress, psychological support, needs of women and strategy for child and care givers”, the department added.
About the arrangements during the COVID-19 situation, the department submitted that Department of Disaster Management has issued directions to all the Deputy Commissioners for designating 10 beds in each District Quarantine Centre exclusively and accessible for the victims of domestic violence.
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