Delhi HC dismisses petition seeking measures to curb domestic violence amidst lockdown

Written By Nivriti Mohan | Updated: Apr 26, 2020, 09:59 PM IST

The petition sought an urgent intervention of the court to protect women and children across the country who are suffering from domestic abuse and continue to suffer silently. V

Delhi High Court on Sunday dismissed a petition that has sought immediate and effective measures to be implemented against domestic violence and child abuse amidst COVID-19 lockdown. 

While disposing of the petition, the court has observed that a suggestion given by the petitioner about the temporary appointment of protection officres as envisaged under the Protection of Women from  Domestic Violence Act, 2005 can be looked into by the respondents till the regular appointment of protection officers are made.

Delhi High Court has observed that on certain helpline numbers, the complainant is not getting proper response. It directed "the concerned respondent authorities to verify the aforesaid facts and, if need arises, such a person who is working or responding on helpline may be changed ."   

The court in its order has said that "it ought to be kept in mind by the concerned authority that a person who is responding on the helpline must be trained about possible remedies of the common difficulties of the complainants and such a mechanism must be brought into force by which prompt action can be taken forthwith. " 

The Order also says that the appointment of temporary Protection Officers shall be kept in mind by the respondents.

Delhi High Court further stated in its order that it is expected from the authorities that the provisions contained in the Protection of Women from Domestic Violence Act, 2005 shall be effectively implemented and that all the helplines and WhatsApp numbers, etc. shall be kept functional and they shall respond to whatever calls or messages they are receiving. 

It also stated in its order, " If the affected persons face any difficulties in reaching the Nodal Officers, or in any other respect, it shall always be open to them, to contact 
the DSLSA, which assures us, that they will take all due steps to come to their aid."

A petition was filed un the Delhi High Court seeking immediate and effective measures to be implemented against domestic violence and child abuse amidst COVID-19 lockdown. It was filed by the All India Council of Human Rights, Liberties & Social Justice (AICHLS) - an NGO represented by advocates Ms. Mithu Jain, Mr. Arjun Syal, and Ms. Vidisha Kumar.

The petition sought an urgent intervention of the court to protect women and children across the country who are suffering from domestic abuse and continue to suffer silently. Violence against women and children tends to increase during every type of emergency, including epidemics. It urges the court to take cognizance of and devise methods to help and protect these trapped victims, who are locked down with their abusers.

Taking note of the severity of domestic violence across the globe since COVID-19 lockdowns, the United Nations Secretary-General - António Guterres has called upon nations to consider the safety of women in view of the worldwide surge in domestic violence amidst the pandemic on a war footing and as a priority in his recent tweet.  

“I urge all governments to put women’s safety first as they respond to the pandemic,” Guterres tweeted.
  
The World Health Organisation (WHO), taking into account the increase in the domestic violence cases in European countries and in the USA, has issued guidelines to several health sectors/systems all over the world, interalia, indicating steps which can be taken for helping violence against women who are stuck in their homes due to the Lockdowns all over the country/cities at this time of the pandemic.