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2025 DAILYLAW 6468 (JK)

MEHRAM, WOMENS CELL, KASHMIR v. UNION TERRITORY OF J AND K (SOCIAL WELFARE/ GAD)

WP(C)PIL/2/2022 · 2025-07-15

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 04 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C)PIL 2/2022 MEHRAM WOMENS CELL KASHMIR …Petitioner(s)/appellant(s) Through: Ms. Sharaf Wani, Advocate Vs. UNION TERRITORY OF J AND K ...Respondent(s) Through: Mr. Abdul Rashid Malik, Sr. AAG & Ms. Shaila Shameem, Assisting Counsel CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 15-07-2025 1. Petitioner (Mehram Womens Cell Kashmir) had approached this Court in public interest in the year 2022. In essence, the concerns/grievances of the petitioner were to ensure effective implementation of Protection of Women from Domestic Violence Act, 2005: absence of shelter homes, ill-equipped shelter homes, lack of awareness to the provisions of the Act, insensitivity towards the domestic violence cases, unqualified Protection Officers as also no training programs being conducted by the respondent authorities. 2. The records show, for the matter has been pending for over three years, pursuant to the numerous orders passed by this Court, the authorities have been submitting status reports/response from time to time. 3. Mr. Abdul Rashid Malik, learned senior AAG appearing for the respondent authorities, with reference to the status report dated 16.05.2025, submits that in the Union Territory of Jammu and Kashmir, Child Development Protection Officers (CDPOs) have been designated as Protection Officers vide SRO 427 of 2015 to ensure district-level coverage, for they are senior officers in the Integrated Child Development Scheme (ICDS) with adequate experience in women and child welfare. Not only that, their existing roles are well- WP(C) PIL 2/2022 aligned with the objectives of the Act since they coordinate services for vulnerable population including women facing domestic violence. 4. Further, CDPOs are trained in social welfare schemes and have practical experience in handling cases relating to women and child protection. Similarly, the Mission Director (Mission Shakti) in coordination with the District Social Welfare Officers (DSWOs) have already initiated a training program for CDPOs to enhance their understanding of the Act. And they are duly sensitized to domestic violence issues. Still further, over the past two years, the capacity building sessions and even the workshops have been conducted with an intent to institutionalize annual training modules. As regards the workload management, to address the concerns about CDPOs additional responsibilities, the department has deployed Central Administrators and One Stop Centres (OSCs) and Shakti Sadans to support Protection Officers. Not only that, even the Legal and Counselling Staff assist the CDPOs to ensure effective service delivery. 5. Though upon being pointedly asked, learned senior AAG fairly concedes that in the given circumstances, the workload as regards the CDPOs has indeed multiplied, the issue, he submits, needs to be addressed at the earliest to ensure quality and expeditious service delivery. Similarly, the issues as regards shelter homes, service providers, counseling, welfare experts, medical facilities, awareness and publicity, a substantial ground, as indicated in detail in the status report, has been covered. And, the Jammu and Kashmir administration is committed to effective implementation of Protection of Women from Domestic Violence Act, 2005 as is made out from the operational framework of 20 OSCs, 02 Shakti Sadans, 11 Shakti Sadans and 05 Sakhi Niwas, 10 Special Cells, Nari Adalats, and Women Helpline (181) under Mission Shakti. And wherever any gaps in publicity, infrastructure, and personnel training exist, the concerned department is taking proactive measures to address those issues. 6. Ms. Sharaf Wani, learned Amicus Curiae, as always, fairly submits that in the wake of the averments set out in the status report submitted on behalf of the authorities, the petition has substantially served its purpose. But still it is a work-in-progress and lots needs to be done. Page 3 of 3 WP(C) PIL 2/2022 7. Be that as it may, she submits that for present, the court may close the proceedings in the present petition. But she be granted liberty to approach this Court by a fresh petition in the event the schemes and several other initiatives that are alleged to have been initiated by the authorities do not make any tangible and substantial progress. 8. In response, Mr. Malik, learned senior AAG submits that in the wake of the status reports/response that have been filed from time to time, the intent of the authorities can hardly be doubted. Further, he submits that every possible endeavour shall be made by the competent authority and the concerned departments to carry the essence of the Act as also the purpose of the present petition forward. 9. In the wake of the above and the statement made by the learned counsel for the parties, the proceedings in the petition at hand are accordingly closed. However, before we part with these proceedings, we record our deep appreciation for the learned Amicus, who has rendered quality assistance and her time to assist this Court. 10. Disposed of. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 15-07-2025 Aamir Amir Rashid Sofi I attest to the accuracy and authenticity of this document 16.07.2025 10:34