Page 31 - Tehelka Issue 8&9

In a region where
domestic abuse is women abuse
often unreported,
the crime branch
was able to
n 2004, Jameela (name changed) archal structures that have given men
was coerced into marrying Mo- unchecked power and authority. This document six our out-patient and hospital settings,
hammad Mustafa Dar, a jawan change is majorly happening in the dowry deaths in we find most of the cases pertaining to
in the Central Industrial Security urban areas where women now have a emotional, verbal and financial abuse
I Force, and a resident of central better understanding of law and rights 2015, six in 2016 and fewer cases of physical abuse.”
Kashmir’s Budgam district. A year later, due to awareness camps that different and eight in 2017 Patients do not open up about physi-
physical abuses were meted out to her non-profit organisation like Kashmir cal violence on their own, so, doctors
by her husband. Women’s Collective and other groups discover that something is amiss on
Jameela had lived all her life in the organised working for the welfare of and in 2016, the year in which Kashmir digging deeper into patient’s history
uptown Srinagar. She had agreed to women in Jammu and Kashmir. was under curfew for 60 days received and probing questions.
marry under parental pressure, and Shaheen (name changed), a resi- 177 complaints respectively. However, At the Women’s Commission, Me-
when she sought help from her par- dent of south Kashmir’s Kulgam area there is a huge increase in cases in past hjoor said her team is organising
ents against the violence she faced in was married off to Rafiq in an arranged one year. Mehjoor said, “The commis- workshops and programmes to create
her marital home, she was asked to marriage tradition set-up in August sion registered a total of 335 cases from awareness among the people.
“compromise” in order to avoid social 2017. To her surprise, the mistreatment January 1st to December 30th, 2017. Out Srinagar’s crime branch has regis-
stigmas. of these 335 cases, 277 are from Kash- tered 342 cases of cruelty by husband in
“He would often beat me with a belt,” mir division and 58 are from Jammu 2016, and 353 in 2017.
Jameela said, “Even an argument would • wife’s life Srinagar’s crime branch registered division. Among these cases, approxi- In a region where domestic abuse
lead to serious beating and abuse.” Domestic violence is 353 cases of cruelty by husband in 2017 mately 95 per cent cases are of matri- is often unreported, the crime branch
The violence continued and Jameela monial disputes i.e. abuse, divorce, child was able to document six dowry deaths
stayed on, giving birth to three children. custody, and maintenance. ” in 2015, six in 2016 and eight in 2017.
Eventually, she was diagnosed with var- on the rise in Kashmir straints are a major roadblock before “Men were confined to their homes In Kashmir, the emphasis of legal
ious stress-related diseases. her as she is financially dependent on due to the continuous political unsatu- institutions is not on registering cas-
One fine day, Jameela got a chance her retired father and an ailing mother. ration prevailing in the state,” Mehjoor es but on ensuring compromise and
to meet a lawyer in Srinagar by mere “In such situations what can one told Tehelka explaining the reason for reconciliation. Jameela, who fought a
luck. The meeting changed her life. On The issue of domestic violence against women in Kashmir often do? She is in a circumstance where PO the increase in cases. case against her husband, was hopeful
hearing Jameela’s story, the lawyer not gets snubbed due to focus on conflict, unrest and politics. In 2017, (Protection Officer) only can help her Although, State Women’s Commis- that things will change for better but it
only counselled her but helped Jameela in order to get financial aid or any free sion claims they have resolved a maxi- went worst.
to file a complaint against her husband J&K registered 335 cases of domestic abuse, a sharp surge from legal help. The job of a PO (usually a mum number of cases through coun- Her husband was ordered by the
under Section 498A. The Section deals 177 the previous year, writes safina nabi social activist) is to connect a domestic selling but in reality, there is not even a high court to pay her an equal share
with cruelty at the hands of the hus- violence victim to the police or hospi- single trained counsellor appointed by from the sale proceeds of their house
band or in-laws. tal or any place that the victim needs to the commission who can counsel the which he sold fraudulently. After
Traditionally, women in Jammu and started after three days of her marriage. she was diagnosed with some major visit immediately but the government victims. Only one law officer is available receiving over 10 lakh rupees as com-
Kashmir have quietly suffered violence Being a newlywed bride, she was ap- health issues. Shaheen was advised to said it has no funds for creation of fun- to counsels the victims single-handedly. pensation from her husband, she will-
at home. Suicides, bride burning and prehensive to discuss the matter with take complete bed rest. “Rafiq was well damental positions under the law to “There are a lot of factors that lead ingly handed over the amount to her
dowry cases have not made it to the her parents about her marital life and aware of my poor health condition and make its implementation effective,” to domestic violence in a conflict zone. brothers with the hope that they will
local papers; leave alone to the court the problems she was facing. the complications I had despite that on explains advocate Subreen Malik. There is also an increase in reports of deposit it in the bank on her name, but
of law. After few weeks when Shaheen one night he forced himself that result- The domestic violence law provides abuse but we still have to walk a long they deceived her and took away all the
Many such incidents go unreported found her husband spending hours ed in a miscarriage.” for the appointment of the Protection path as we have just touched the peak money. Jameela is now caught between
and thus, the guilty gets no punishment. conversing on phone, she grew suspi- Shaheen, who now lives with her Officers (PO) to ensure justice to the vic- of an iceberg,” Mehjoor added. her abuser husband and fraud brothers.
Even if such events do get reported, the cious. “One day, I generally asked him parents, holds an M.Ed. and M.Phil tims under Sub Section 1 of Section (8) Psychologists are unable to draw any Today, Jameela has no choice but to
conviction rate is low or say negligible. why your behaviour towards me is degree from Kashmir University. of the Act. conclusions since no extensive study or compromise with her abusive husband
“In Kashmir, everything becomes cold? To which Rafiq furiously replied, Now, when the matter has been “The Jammu and Kashmir Protection research has been carried out, but they and live with him as she has no place
subservient to the larger political con- I had an affair with a girl and wanted to highlighted to the Mohalla commit- of Women from Domestic Violence Act, too believe that the rise in complaints to go.
flict and what does not suit the politi- marry her but my parents disapproved tee, Rafiq is requesting her to accept 2010, is incomplete without Protection of domestic abuse reflects the under- She was forced to take this decision
cal agenda, statist or separatist, is given it. Now, I will show them what I can do an apology. “Recently, I went to Jammu Officers (PO) and Shelter Homes (SH) lying political conflict as well as poor as there is no state protection for such
no importance,” said Mantasha Binti and you will have to face the brunt.” with my father to see my sister, there I for the victims of domestic violence,” understanding of the rights among the cases. Jameela said, “I was not able to
Rashid, a Srinagar-based civil servant With this hope that time will set heard that Rafiq had falsely told people Subreen further added. women. mend this relationship despite fac-
and gender expert. things right, Shaheen began to put in that I had eloped with a man to Rajas- “The number of cases of abuse re- “Earlier, the awareness regarding ing all the problems, so, I decided to
She said that this is the reason that additional efforts to smoothen relation- than just to defame me. Now, how can ported at the Jammu and Kashmir State domestic abuse was less which could move out with this hope that time will
violence against women not only goes ship with her husband Rafiq and save I even go back to him and accept the Commission for Women has increased be a cause for under-reporting,” said heal everything slowly, but, everything
unnoticed but is given no importance the nuptial knot, but, he began to abuse apology?” Shaheen stated. since it was formed in 2000,” said Nay- Dr.YumanKawoos, a senior resident turned upside down. I just want to give
and is very often denied. and insult her right before his parents, Shaheen is not ready for any nego- eema Ahmad Mehjoor, Chairperson of doctor at the psychiatry department, my children a better life now, which is
However, women are slowly begin- in a way to malign her image. tiation. She doesn’t want to go back to the J&K State Commission for Women. Government Medical College, Srinagar. filled with love and not violence.”
ning to speak up against their attack- After few months, Shaheen became him but definitely wants to file a case In 2014, the Commission received “People still don’t know the differ-
ers as well as the unquestioned patri- pregnant. When she visited the doctor, against Rafiq, however, financial con- 142 complaints, 155 complaints in 2015 ence between tolerance and abuse. In letters@tehelka.com

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