Hyderabad: Presumption of innocence until proven guilty is a fundamental right. Yet, in a controversial move, the Nizamabad district administration has decided to withhold the salaries of govt employees accused in domestic violence cases.Legal experts have termed the move “blatantly illegal” and “absurd”. The measure forms part of ‘Mission Aparajita’, an initiative launched to support women facing domestic violence. According to lawyers, withholding salary — either partially or fully — amounts to punitive action and cannot be enforced by the administration without legal backing.“This is blatantly illegal. Every now and then, we see collectors coming up with such absurd moves. This can be challenged in court, and a stay can easily be obtained. They cannot withhold salaries. There is a legal procedure for that,” said B Karthik Narayan, a practising lawyer and human rights activist with over two decades of experience.Another advocate from the Telangana high court, Vijay Gopal, said there is no law under which the govt can withhold the salaries of employees merely because they are accused in domestic violence cases.“Even if they want to deduct salary citing disciplinary action, they will have to specify the service rule under which such action is being initiated,” he said, adding that if a domestic violence survivor seeks maintenance, it must be pursued through the legal process by approaching a court.Mission Aparajita was launched on May 2 by Nizamabad collector Ila Tripathi with the aim of supporting women facing domestic violence through awareness, counselling, and administrative assistance. The initiative is being implemented with support from members of the local judiciary.Officials said several women had approached the administration during the Prajavani programme seeking intervention in domestic violence cases. Authorities announced that, in cases involving govt employees, administrative measures such as withholding salaries could be initiated based on a prima facie report as a deterrent.Academics have also questioned the legality of the move.“They cannot do this. Also, why only govt employees? What happens if the accused is a private employee? Rules must apply equally to everyone,” said a professor from NALSAR University of Law.
