We Have Not Reached The Point Where Men Need Protection From Women: Justice Hima Kohli

The Association of ILI Alumni and the Indian Law Institute conducted a webinar on Domestic Violence During Lockdown: An Invisible Pandemic. The webinar was presided over by Hon'ble Ms. Justice Hima Kohli of Delhi High Court, and Smt. Rekha Sharma, the Chairperson of National Commission of Women. The moderator of the webinar was Dr. P. Puneeth, Associate Professor at JNU, Delhi.Justice Hima Kohli commenced the discussion with the observation that the pandemic had led to women of the household working doubly hard. They were faced with barriers steeped in gender bias and this crisis was a "shadow pandemic". She further observed that women in India were reluctant to seek for help from various quarters in cases of domestic violence due to notions of insulting the honour of the family. Justice Kohli, being the Executive Chairperson of the Delhi State Legal Services Authority (DSLSA), apprised the audience of the steps taken by DSLSA to tackle the issue of domestic violence, which had increased during the lockdown. Helpdesks have been set up at night shelters, police stations and other public places wherein legal aid lawyers are present to provide counselling through video conferencing. There also helplines wherein even a mere missed call/SMS/WhatsApp message is sufficient to make the lawyers reach out to those in need of help. However, these lawyers have been sensitized to approach such matters with caution so as to not aggravate an already volatile situation. DSLSA has further collaborated with Mother Dairy booths, pharmacists and chemists throughout the city of Delhi in order to ensure that booth managers can remain wary to instances of violence in their locality, and accordingly forward any information to DSLSA. Additionally, anganwadi and ASHA workers had also been roped in. When asked about whether the majority of the complaints came from the lower strata of society, Justice Kohli denied the same by stating that "when it comes to domestic violence, it is not just limited to those living on the fringe of society. It is prevalent across all strata. Money or the professional competence of a woman, surprisingly, does not factor in". She raised the issue of how women who were financially competent were more reluctant to step out and complain due to their aversion to airing dirty laundry in public. There was also the issue of women who had shifted to other cities to eke out a living who were facing worse problems as they had no alternatives in case they wanted to move out of their shared homes. Regarding the adequacy of statutory provisions such as Section 498A of the Indian Penal Code or The Protection of Women from Domestic Violence Act, 2005, in providing protection to women, Justice Kohli stated that there were no gaps in the provisions itself. However, the inability to implement the provisions struck at the root of the problem. "What is required is strict implementation, and this requires further outreach. We need to make the women aware, we need to help them access it. There is no use of statutes, if women have no access to it." She further informed the audience that a victim of domestic violence would knock on the doors of the Court as a last resort; majority of women would first try to save their relationships and their homes. In this context, there was an urgent need for counselling for the women as well as their children. When asked about what steps could be taken to ensure faster remedy, Justice Kohli said that there were Protection Officers who could provide relief. However, the fact of the matter is that there is a system in law which has to be followed. Applications could, however, be filed for urgent hearings. "J&K HC and Delhi HC have taken up petitions on domestic violence during the lockdown. On 24th April, a detailed Order was rendered by the Delhi HC to allow passes to Protection Officers and to ensure immediate action was taken to address issues of the victim".A final question was directed to Justice Kohli regarding the misuse of the Domestic Violence Act and the need for a gender-neutral legislation. Justice Kohli categorically informed the audience that the need for a gender-neutral legislation had not yet arisen in Indian society. "In our society, we haven't reached the point where men have needed protection from women. If there comes a time that women have an upper hand, then we will come to amending the laws. I am not saying that there is no misuse. But, this cannot be a ground to throw out the law. We can do as much as we can to nip the misuse at the bud. However, there is no denying that the power structure is in favour of men." Smt. Rekha Sharma, on the other hand, observed that instances of domestic violence had increased due to women's lack of accessibility to aid as a result of being confined with their abusers during the lockdown. She further stated that these women were unable to...

We Have Not Reached The Point Where Men Need Protection From Women: Justice Hima Kohli

Radhika Roy

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