SRINAGAR, MAY 17: Governor N. N. Vohra has promulgated: (i) “The
Jammu and Kashmir Criminal Law (Amendment) Ordinance, 2018”;
and (ii) “The Jammu and Kashmir Protection of Children from
Sexual Violence Ordinance, 2018”.
In view of the surge in violence against women in
general and sexual violence in particular in various parts of the country,
including the State of J&K, need was felt to carry out certain amendments
in the Criminal Laws (the Ranbir Penal Code, Samvat, 1989; the Code of Criminal
Procedure, Samvat, 1989; and the Evidence Act, Samvat, 1977) on the analogy of the amendments made in the Central Criminal Law in
2018.
The Jammu and Kashmir Criminal Law (Amendment)
Ordinance, 2018 seeks to amend: (i) the Ranbir Penal Code, Samvat,
1989; (ii) the Code of Criminal Procedure Samvat 1989; and (iii) the Evidence
Act, Samvat, 1977.
The salient features of the aforesaid Ordinance
include: (i) Committing Rape on a woman under sixteen years of
age has been made punishable with rigorous imprisonment for twenty years and
may extend to life sentence, which shall mean remainder of that person’s
natural life; (ii) Committing Rape on a woman under twelve years of
age has been made punishable with death sentence; (iii) Gang Rape on a woman under sixteen years of age has
been made punishable with imprisonment for life, which shall mean imprisonment
for the remainder of that person’s natural life; (iv) Gang Rape on woman under twelve years of age has
been made punishable with death sentence; (v) Investigation in such cases is to be completed
within a period of two months; (vi) Trial to be completed within
six months and reasons for any delay shall need to be
communicated to the High Court; and vii) It
has been provided that no Bail shall be granted without hearing the Public
Prosecutor.
The salient features of the Jammu and Kashmir
Protection of Children from Sexual Violence Ordinance, 2018 are:
(i)
It is a comprehensive Legislation which, inter-alia, provides for protection of
Children from offenses of sexual assault, sexual harassment and pornography
with due regard for safeguarding the interest of the child and the well being
of a child at every stage of the judicial process; (ii) it provides for
alternative punishment for an act or omission constituting an offence under the
Ordinance and also under various provisions of the State Penal Code relating to
sexual assault. (iii) The Ordinance contains provisions relating to child
friendly procedures and reporting, recording of evidence, investigation and
trial of offences; (iv) It also provides for provisions relating to
establishment of Special Courts for speedy trial of such offences; and (v) it
makes it mandatory for the educational institutions to ensure safety and
protection of children and not to expose them to any kind of sexual abuse.
While according approval
to the aforesaid two Ordinances the Governor has advised stringent enforcement
by the Home Department which should establish a system for regular monitoring
of all cases registered under these Ordinances.
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