The Nizamabad district administration in Telangana has sparked controversy by deciding to withhold the salaries of government employees accused in domestic violence cases. Legal experts have termed the move "blatantly illegal" and "absurd," emphasizing that the presumption of innocence until proven guilty is a fundamental right.
Mission Aparajita Initiative
The measure is part of 'Mission Aparajita,' an initiative launched on May 2 by Nizamabad collector Ila Tripathi to support women facing domestic violence through awareness, counseling, and administrative assistance. The program is implemented with support from local judiciary members.
Legal Experts Condemn the Move
According to lawyers, withholding salary — either partially or fully — amounts to punitive action and cannot be enforced without legal backing. B Karthik Narayan, a practicing lawyer and human rights activist with over two decades of experience, stated, "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."
Another advocate from the Telangana high court, Vijay Gopal, highlighted that there is no law permitting the government to withhold salaries merely because employees 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. He added that if a domestic violence survivor seeks maintenance, it must be pursued through the legal process by approaching a court.
Administration's Justification
Officials stated that several women approached the administration during the Prajavani program seeking intervention in domestic violence cases. Authorities announced that, in cases involving government employees, administrative measures such as withholding salaries could be initiated based on a prima facie report as a deterrent.
Academic Criticism
Academics have also questioned the legality of the move. A professor from NALSAR University of Law remarked, "They cannot do this. Also, why only government employees? What happens if the accused is a private employee? Rules must apply equally to everyone."
The decision has raised concerns about due process and equal treatment under the law, with legal experts suggesting that affected employees can easily obtain a stay from the court.
