Research › Search › Judgment

Madras High Court · body

2020 DIGILAW 732 (MAD)

Sudha Ramalingam v. Chief Secretary, Government of Tamil Nadu, Chennai

2020-04-24

M.NIRMAL KUMAR, M.SATHYANARAYANAN

body2020
JUDGMENT (Prayer: Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the 1st and 2nd respondents herein to take necessary measures to implement the mandate under Section 12[5] of the Domestic Violence Act [DV Act] and consequently framed a Court Practice Manual for Judicial Officers and legal practitioners in a time bound manner to implement the DV Act in its letter and spirit. WMP.No.8887/2020 in WP.No.30750/2018:- The miscellaneous petition is filed under Article 226 of the Constitution of India praying to direct the 1st and 2nd respondents herein to immediately put in place, an emergency response system to aid and assist victims of domestic violence through the following methods, including but not limited to:- (a) Ensuring the working/functional mobile and landline numbers of Protection Officers of all the Districts to be made public and readily available and disseminated through electronic, print and visual media. (b) Ensuring that Protection Officers in every District be given access to vehicles to rescue victims of domestic violence on an urgent basis. (c) Making provision for filing and submitting the domestic incident reports online/through telephone. (d) Notifying a list of service providers with their contact numbers and addresses and have this information disseminated thrugh electronic, print and visual media. (e) Notifying a list of shelter homes along with contact numbers and address for every District that can accommodate victims of domestic violence and have this information disseminated through electronic, print and visual media. (f) Directing Health service providers to document instnace of physical abuse and give proper treatment to victims of domestic violence on a priority basis. (g) Directing the local police to provide all necessary cooperation and support for rescue and movement of victims of domestic violence and social workers who are assisting them.) M. Sathyanarayanan, J. 1. This Court, in continuation and in conjunction with the earlier order dated 17.04.2020, is passing the following order. 2. Heard the submissions of the learned counsel for the petitioner and Mr.S.R.Rajagopal, learned Additional Advocate General assisted by Mr.V.Jayaprakash Narayan, learned Government Pleader appearing for respondents 1 and 2. 3. Attention of this Court was also invited to the detailed Status Report dated 23.01.2020, wherein steps taken to address the issue relating to the domestic violence, have been narrated in detail. 3. Attention of this Court was also invited to the detailed Status Report dated 23.01.2020, wherein steps taken to address the issue relating to the domestic violence, have been narrated in detail. The learned counsel for the petitioner would submit that great efforts have been put in place by the 2nd respondent and further pointed out that whatever available in the form of information in the Status Report, shall be disseminated through print and visual media for the reason that most of them are having poor economic background and they cannot be expected to possess mobile phone and other electronic medium to communicate. It is further pointed out that in respect of Krishnagiri District, the mobile number given is wrong and the correct number can be given and as far as Anganwadi workers are concerned, the steps taken by the Social Welfare Department have not reached the level and they should be made aware of it and educated. It is also stated by the learned counsel for the petitioner that there are 110 Councilors and however, their mobile numbers have not been given and if all these issues are addressed, there can be some solution to the problems faced by the women folk on account of the domestic violence being perpetrated upon them. 4. The learned Additional Advocate General would submit that whatever suggestions / submissions made by the learned counsel for the petitioner, the same have been take note of and appropriate remedial measures would be taken at the earliest and prays for some more accommodation to file an additional Status Report. 5. Call on 20.05.2020.