Mehbooba Govt okays Ordinance awarding death for children’s rapists

Mehbooba Mufti led alliance Government in Jammu and Kashmir on Tuesday passed an ordinance approving death penalty for child rapists.

The decision followed  close on the heels of nation wide anger against rising incidents of sexual violence especially minor girls.

Chairing a meeting of  State Cabinet Chief Minister Tuesday approved the Jammu and Kashmir Criminal Law (Amendment) Ordinance, 2018 and the Jammu and Kashmir Protection of Children from Sexual Violence Ordinance, 2018.

During the meeting  members of the Cabinet observed that both the Ordinances will prove useful and will act as a deterrent with regard to violence against women in general and sexual violence in particular in the State.

Addressing a press conference in the lawns of the  civil secretariat complex Law Minister Abdul Haq Khan told reporters, "as per the Jammu and Kashmir Criminal Law (Amendment) Ordinance, 2018, committing rape on women under 16 years of age has been made punishable with rigorous imprisonment for 20 years and may extend to life sentence, which shall mean remainder of that person’s natural life, committing rape on women under 12 years of age has been made punishable with death sentence".

He said the gang-rape of women under 16 years of age has been made punishable with imprisonment for life, which shall mean remainder of that person’s natural life, gang-rape of women under 12 years of age has been made punishable with death sentence.

According to the ordinance, investigation in such cases is to be completed within a period of two months whereas trial is to be completed within six months and reasons for any delay be communicated to the High Court,Law Minister added.

Stringent provisions for bail have been incorporated in the Ordinance. It has been provided that no bail shall be granted without hearing Public Prosecutor.

The Jammu and Kashmir Protection of Children from Sexual Violence Ordinance, 2018, will provide 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. The offender found guilty of such offence shall be liable to punishment only under such law or the Ordinance as provides for punishment which is greater in degree.

The Ordinance provides provisions relating to child-friendly procedures and reporting, recording of evidence, investigation and trial of offences. The Ordinance also provides for provisions relating to establishment of special courts for speedy trial of such offences. The ordinance 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.

Meanwhile in another landmark decision the state cabinet approved implementation of 7th pay commission recommendations for state government employees and pensioners with effect from January 2016.

The decision would benefit around five lakh employees and pensioners in the state. The financial implications for the implementations of 7th pay commission recommendations would be Rs 4201 crore annually while financial implications on account of one-time arrears would be Rs 7477 crores.

The State Government employees can now draw the salary for the month of April 2018 as per the revised scales.