Gujarat Chief Minister Vijay Rupani
Women residing in shelter homes can only leave with the permission of the district collector, “as and when their guardian is found”, but not of their free will, according to a rejoinder affidavit filed before the Gujarat High Court (HC) earlier this month, by the women and child development (WCD) department of the Gujarat government.
Dated February 5, the rejoinder was in response to an affidavit filed in January this year by Prita Jha, President of the Peace and Equality Cell, a non-governmental organisation. The NGO along with two others, had moved a public interest litigation (PIL) in 2014. Pursuant to orders passed by the HC from time to time, the WCD department had notified “Rules for Management of State Homes and Reception Centre for Protection, Empowerment and Rehabilitation of Survivors of Gender-Based Violence and Abuse” in January 2019.
Jha, a socio-legal activist and researcher, has highlighted several issues in her affidavit that require to be addressed urgently “for effective implementation of the rules”.
The petitioner’s recent affidavit had contended that the specific rule which deals with the issue of relieving a resident is ‘vague’. “This Rule should not be read so as to mean that a resident can’t leave unless permitted by Shelter Management Committee… (it) is a long process and results in unnecessary detention of the resident. The residents are adults and should be allowed to exit as per their free will,” the affidavit had stated.
The rejoinder on behalf of the state, filed by one Ramilaben Vania, Deputy Director in-charge of the WCD department, has instead cited ‘fear of safety of women’ to prevent the shelter home residents to exercise their free will.
The rejoinder affidavit states, “If the resident woman is an adult one and wants to leave the shelter, in such cases, if the permission to be granted to her, there is fear of safety to such woman, so that the the resident women are relieved/ rehabilitated by the permission of concerned District Collector as and when their guardian (is) found”
Another issue highlighted by the petitioner was with respect to the appointment of “competent, experienced and sensitive staff committed to the words and spirit of these Rules, which aim simply to empower and provide choices to women unfortunate to have suffered gender-based violence, and not to be in a position where they can continue to stay with their family in their own community…”
However, the state government in its affidavit submitted that residents are rehabilitated in their families as and when their guardians are found. Girls who complete 18 years of age “are relieved from children home and are to be rehabilitated through marriage,” the WCD department submitted.