Even as world celebrates Women’s Day, govt gives Kashmiri women no avenue for justice even for basic rights

Arifa Bano, a 30-year-old woman got married to a man from north Kashmir’s Baramulla in 2016. She gave birth to a baby girl in 2017. Soon after, things started getting uneasy for her as she had to face mental and physical torture from her husband and in-laws.

She landed at her parents’ home several times with bruises on her body. “My husband would easily lose his cool and would often beat me up for no reason at all. He and his younger sister would accuse me of not taking care of the family and cooking food that did not taste good,” she narrated in a broken voice.

“My mother would tell me to bear it for the sake of my child. I remained quiet for some time. Then in January 2019, things became unbearable for me. I took my baby and returned to my parents ' home,” she said.

In June 2019, she approached the J&K State Commission for Protection of Women and Child Rights with a complaint of domestic violence. However, the Commission along with six other Commissions were disbanded after the PM Narendra Modi-led government at the Centre stripped Jammu and Kashmir (J&K) of its special status under Article 370 of the Constitution and divided the state into two Union Territories.

Over 18-months later, there is no platform for women in J&K which they can approach for such cases.

The J&K State Commission for Protection of Women and Child Rights was created in April 1999 to investigate and examine matters relating to safeguards provided for women under the Indian Constitution and other laws.

“I don’t know whom I should approach. It is not possible to go to the court due to our poor financial condition. The world is celebrating Women’s Day on March 8, but Kashmiri women don’t even have recourse to any government agency for our basic rights,” Bano said.

Like Bano, Rukhsana Jan, a 35-year-old woman from south Kashmir’s Pulwama district is also a victim of domestic violence.

She was married in the same district in 2014. For two years, things were fine. However, her husband and brother-in-law started hitting her after she gave birth to a second female baby. “My first daughter was born in 2015 and another in 2017. I had to face mental torture as my in-laws wanted me to have a male baby. But it’s not my fault that I did not give birth to a male baby. I was ill-treated by in-laws. I often had to seek refuge at my parents’ home to save myself from the torture,” she shared. She has now been living with her parents for the last two years.

In March 2019, she had also approached J&K State Commission for Protection of Women and Child Rights. However, before the commission could have helped her, it was disbanded.

There are hundreds of women like Jan and Bano who face domestic violence. But they have nowhere to go to seek justice in the absence of a women's commission in J&K.

Senior Supreme Court lawyer Vasundhara Pathak Masoodi, who was the last chairperson of J&K State Commission for Protection of Women and Child Rights before it ceased to exist, said she continues to receive complaints from victims of domestic violence and sexual harassment.

Here are edited excerpts of an interview with her:

NH: On an average how many calls you receive from victims in a month?

Masoodi: Ever since the closure of the Commission, my office has been receiving somewhere between 5-10 complaints in a month through calls, mails, personal messages and social media.

NH: What is nature of the complaints?

Masoodi: The complaints vary in nature as we not only receive complaints about domestic violence but also sexual harassment at the work place, child abuse and gender based discrimination, medical negligence etc.

NH: How important was the J&K State Commission for Protection of Women and Child Rights for upholding women and child rights in J&K?

Masoodi: The Jammu and Kashmir State Commission for Protection of Women and Child Rights Act, which provided for the establishment of the Jammu and Kashmir State Commission for Protection of Women and Child Rights (JKSCPWCR), was a landmark legislation that conjointly provided for the protection of women and child rights. Some of the important powers of the Commission included, but were not limited to, investigation of matters relating to constitutional and legal safeguards for women and children; taking up cases of violations of rights of women and children; to inspect homes/jails/hospitals and other places where women and children were lodged or kept or imprisoned. The greatest potential for intervention was the power to look into complaints and take suo moto cognizance of violation of rights.

The JKSCPWCR Act provided for all the powers of a civil court including that to summon a person from any part of J&K; to require production of documents; require evidence on affidavits; access to public records and the power to examine witnesses and documents. The dynamism of the office of chairperson of the Commission coupled with the aforesaid powers and through its members and civil society could reach out to victims at the grassroots to ensure the implementation of welfare laws in letter and spirit.

NH: What needs to be done to stop crime against women?

Masoodi: I personally feel that crime against women and children could be curtailed to a considerable extent if we chart out a strategy whereby we focus equally on crime prevention as much as we focus on post commission of crime remedies. There cannot be a bullet shot approach in stopping such crimes as the root of such crimes lies in the mind-set which is built over years. Hence, besides stringent provisions of law, there must be a comprehensive strategy to infuse and inculcate virtues of morality in young boys by involving them in various kinds of workshops and orientation programmes wherein they respect importance and role of girls and women in different capacities.

Simultaneously, there should a provision of safe spaces at public places; quick and swift crime response system; research on attitudes, perceptions, and behaviour of men and boys related to various forms of violence; community mobilization and educational programmes, as well as legal and policy reforms. Widespread awareness of sexual violence laws through print media, electronic media and social media, if done properly, can prove to be very fruitful too.

Unfortunately, though so much water has flown under the bridge, we have not yet reached even the half way mark towards achieving a just and ideal society for women.