The Delhi High Court on Friday directed the Central Government that the help lines & WhatsApp numbers especially meant for dealing with domestic violence matter shall be kept functional properly & they shall respond to whatever calls or messages they are receiving.
A Public Interest Lititgation was filed by All India Council Of Human Rights, Liberties And Social Justice a NGO through Advocates Ms. Mithu Jain & Mr. Arjun Syal & Vidisha Kumar seeking measures to protect Domestic Violence victims during the lockdown period.
Ms. Mithu Jain, petitioner’s counsel said that domestic violence against women has increased manifold in the lockdown period arising from COVID-19 pandemic. Ms. Mithu Jain, while referring to the status report filed by the Delhi Government pointed out that only 17 Protection Officers are not adequate for such a large population of Delhi. No mass campaigning has been done till date and no efforts have been undertaken for mass outreach. They have published helpline numbers only in two English newspapers, namely, “The Pioneer” and “The Indian Express”. She also said that the remedies regarding the domestic violence available on the website are of no help to the poor, down-trodden and illiterate as they have no access to these online remedies.
The Additional Solicitor General said that on 25.03.2020, an Advisory was issued by the Ministry of Women and Child Development to Chief Secretaries/ Administrators of all States/ UTs and District Collectors/ District Magistrates of all districts regarding One Stop Centres and Women Helplines (WHL-181) to remain operational during the COVID-19 lockdown period. Emergency Response Support System over the short code 112 is also available for emergency rescue and support to women facing or apprehending violence and that the Protection Officers would continue to provide their services.
He also said that the National Commission for Women (NCW) has introduced a complaints portal [http://ncwapps.nic.in/onlinecomplaintsv2/frminstructions.aspx] for registering complaints of women facing domestic violence and also launched a special WhatsApp number – 7217735372 for the same. It is further submitted that an Advisory dated 30.01.2020 has also been issued by the Ministry of Information and Broadcasting to all private satellite TV channels and FM Radio channels to give adequate publicity to the ERSS [121] on women safety and persons in distress.
A meeting was convened on 22.04.2020 under the Chairmanship of Smt. Smriti Zubin Irani, the Minister for Women and Child Development; in compliance of this Court’s order dated 18.04.2020 for protection of the victims of domestic abuse/violence.
Mr. Kanwal Jeet Arora, Member Secretary, Delhi State Legal Services Authority (DSLSA) said that one toll-free helpline number 1516 with a view to help vulnerable sections of society and another WhatsApp number 9667992802 wherein any victim of domestic violence can approach DSLSA through SMS or just giving a missed call and even after receiving a message or a missed call, the victim is contacted by competent legal aid and advice. Similarly, the DSLSA has also given wide publicity to helpline number through Radio jingles and newspaper advertisements and also they are taking the help of chemist shops and mother dairy booths for distribution of pamphlets to create awareness to curb out the domestic violence incidents against women.
Mr. Rajshekhar Rao, counsel for Delhi Commission for Women (DCW) has said that they are taking various measures regarding the complaints of domestic violence such as offering advice to the callers, providing immediate assistance at the time of emergency, providing the mobile helpline (MHL) through mobile helpline counsellors. Additionally, the DCW has also introduced a WhatsApp Helpline Number 9350-181-181 and is taking necessary steps to publicize the same to help vulnerable women. In serious assault/sexual assault cases, Crisis Intervention Centre (CIC) through rape crisis cell counsellors accompany the aggrieved person to the police station, hospital, etc.
Acting upon the PIL, the division bench comprising of Chief Justice D.N Patel & Justice C. Hari Shankar, observed that petitioner has given various suggestions which are as follows:-
- The number of Protection Officers may be increased;
- There must be wide publication through various modes of electronic and print media;
- Helpline numbers may be widely published in several newspapers and in any other methodology that can be easily adopted;
- If any complaint is filed, immediate action should be taken; and
- Emergency passes may be issued to the Protection Officers;
- Dedicated teams including women officers may be formed.
The bench directed the government that the suggestion given by the petitioner about temporary appointment of Protection Officers as envisaged under the Protection of Women from Domestic Violence Act, 2005 can also be looked into till the regular appointment of Protection Officers are made.
The bench while disposing the writ petition directed the Government that the provisions contained in the Protection of Women from Domestic Violence Act, 2005 shall be effectively implemented. All the help lines and WhatsApp numbers, etc. shall be kept functional properly and they shall respond to whatever calls or messages they are receiving. 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 and they will take all due steps to come to their aid.
-India Legal Bureau