SURVEY REPORT BY GROUP OF LAW STUDENTS

‘Some provisions of Domestic Violence Act not being fully implemented’

Srinagar: Some provisions of Protection of Women from Domestic Violence Act (DVA) 2005 are not being fully adhered to. And Protection Officers for victims of domestic violence as provided under this legislation remain confined to orders only, reveals a survey conducted by a group of law students.
The survey conducted with 280 respondents further reveals that 62 percent demand further strengthening of mechanism for effective implementation of the women-friendly legislations.
However, the survey report mentions that people at large expressed satisfaction over the timely actions by J&K Police Srinagar under law whenever any crime against women was reported.
The survey (project report), titled “Crime Against Women In J&K With Special Reference to District Srinagar” held by a group of seven students – Shefana Ramzan, Bariqah Shahrie, Umar Manzoor, Farhan Fayaz, Shah Imran, Haris Andrabi and Suhail Akhoon has been conducted under the supervision and guidance of assistant professor, School of Law, Kashmir University, Dr Saba Manzoor.

“Sixty two percent respondents said that women friendly legislations are not effectively implemented in Srinagar district, 12 percent said that victims leave the cases in midway and do not attend court proceedings; 26 percent said that spouses in dispute make reconciliation outside court and withdraw cases,” the report reads.

Hundred percent respondents, as per report, said that some provisions of Domestic Violence Act, 2005 are not adhered to, and Protection Officers as provided under this legislation remain confined to orders only and are not effectively executed by competent authorities.
The reliefs granted under DV Act to the victim of domestic violence include compensation, damages, residential order, monetary reliefs, and protection order for the victim.

The survey further reveals that the guidelines laid down in landmark judgment of Arnesh Kumar are not adhered to.

The part of project dealing with lawyers as respondents of the survey reveals that the guidelines issued in Arnesh Kumar case are not properly implemented.
“No automatic arrests should be made after registration of FIR as unnecessary arrests warrant contempt of court proceedings, when we speak about domestic violence cases. The directions passed in Arnesh Kumar case in 2014 by Supreme Court has to be adhered in letter and spirit and any violation to it warrant contempt proceedings,” Shefana Ramzan, a student told Greater Kashmir while commenting on the project report.

While referring to the judgment, she said that no arrest should be made only because the offence is non-bailable and cognizable.

“Neither should arrest be made in a routine, casual and cavalier manner or on a mere allegation of commission of an offence made against a person. Arrest should only be made after reasonable satisfaction reached after due investigation as to the genuineness of the allegation,” she said while referring to SC guidelines.
“The Supreme Court has issued directions to all the State Governments, which include: to instruct the police officers to not mechanically arrest the accused without satisfying themselves that the conditions of arrest are met in domestic violation cases,” she added. (GK)