There is need for Domestic Violence Act, say experts

Srinagar Mar 9: A one-day consultation “Draft J&K Domestic Violence Act” was organized by Human Rights Law Network (HRLN), a Delhi based NGO, to study the need for having an Act in the state on domestic violence. About 55 participants, including Prof S M Afzal Qadri, former head of department of Law, Kashmir University; Dr Sheikh Showkat, lecturer law department; Ms Qurat Ul Ain Women’s rights activist; Advocate AR Hanjura, social activist; Advocates Showkat Thakur and Masooda; members of NGO’s; and many lawyers from Pulwama and Kupwara participated in the consultation. Advocate Faisal Qadri said the “Domestic Violence Act” is an attempt to recognize domestic abuse as a punishable offence. “The existing penal laws are not effective because tiresome procedures are involved, and ultimately the victim is left at the mercy of the abuser,” he said. Advocate Aliya, gave a description of the Central Domestic Violence act and highlighted the positive and negative aspects of the Act. She said that there were loopholes in the Central Act need to be plugged while framing the J&K act. Advocate Narjees Nawab Qadri presented a need assessment on the issue and stressed on the need for enacting the Act in J&K. She highlighted various cases of Domestic Violence dealt by her during past few months and said that in all such cases the victim is not in a position to assert her rights. The participants in seminar asserted that there is a need of enacting the domestic violence act in J&K state but with some amendments which are made keeping in view the social, political, cultural and religious set-up of the state of J&K. Legal Expert, Prof. Afzal Qadri, said that, “Domestic Violence is violence which happens within the four walls of the house.” Participants also observed that there has been a rise in domestic violence particularly in families that are economically deprived. Prominent women rights activist, Ms. Qurat-ul-ain, while commenting on a need of a domestic violence act said, “It is a male dominated society and there are every chances of suppression so there is a need of domestic violence Act.” Many participants also observed that while there has been a increase in the number of cases reported to police, no special redress mechanism has been devised which will help in quick disposal of such kind of cases. Additional SP Kupwara, Aijaz Ahmed Bhat, citied a number of cases to highlight the amount of violence women face at the hands of spouses and in laws. Dr Sheikh Showkat advocated for sensitization of women folk about their rights so that they can assert them. He said that, “Women should not compromise and should put various conditions in the Nikah Nama so that in case of breach of such conditions, the Shariah law can come to their rescue.” He further added that “we should enact the law keeping in view the social and religious conditions.” The participants unanimously concluded that a Report will be prepared about the deliberations in today’s consultation, and will be circulated amongst the participants. It was also decided that a core group comprising of lawyers, women’s activist, academics, and media persons would be formed and they would prepare a draft Act and submit the same to the government.
TASIM ZAHID, Greater Kashmir Online