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| DB issues notice to CS for implementation of Domestic Violence Act, 2005 | | | EARLY TIMES REPORT
SRINAGAR, Mar 17: In a Public Interest Litigation filed by Mehram Women’s Cell Kashmir with respect to the ineffective implementation of The Protection of Women from Domestic Violence Act, 2005 (herein referred as “The DV Act, 2005”) in the Union Territory of Kashmir.
The establishment of shelter homes, as mandated by the DV Act, 2005 plays a prominent role in the efficacious implementation of the said social welfare legislation.
The act was drafted and passed with the object of effectively protecting the rights of the women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.
However, it has been more than a decade since the act came into force in the UT of Kashmir and yet the State Government fails to execute and implement the act properly.
There are no shelter homes available for the victims of the domestic violence in the UT of Kashmir. The State Government has foiled not only to discharge the statutory obligations, but has also equally foiled in fulfilling and showing the requisite commitment to the constitutional and international duties/obligations with respect to the establishment of ‘shelter homes’.
In the PIL it has been submitted that the gender discriminatory customs/practices/rituals against women in Kashmir continue to institutionalize second class status for women and girls with regard to elections, education, marital rights, employment rights, parental rights, and inheritance and property rights. These forms of discrimination against the Kashmiri women are incompatible with their empowerment.
Despite the adequate protection ensured by the various provisions of the DV Act, 2005, the women in Kashmir are still continuing to suffer and bear the agony and trauma caused by their in-laws because of the failure on part of the State Government to create shelter homes for the protection of victims of violence and ineffectual implementation of the DV Act, 2005.
A Division Bench of Jammu & Kashmir High Court comprising Chief Justice Pankaj Mithal and Justice Sindhu Sharma after hearing Adv Syed Musaib issued notice to Chief Secretary to file response before May 13, 2022. JNF |
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