Tuesday, December 18, 2018
 
Local News
Jammu and Kashmir Governor Ordinance approving death penalty to child rapists welcomed
 
Srinagar, May 17 (Agencies): What can be termed as significant path forward in tackling the crimes against Children, Governor N. N. Vohra has promulgated the Jammu and Kashmir Criminal Law (Amendment) Ordinance, 2018 and the Jammu and Kashmir Protection of Children from Sexual Violence Ordinance, 2018.It comes in backdrop of increase 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, said an official spokesman.
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 ordinance is being welcomed by one and all. The features of the aforesaid Ordinance include:
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. Committing rape on a woman under twelve years of age has been made punishable with death sentence.
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
Gang Rape on woman under twelve years of age has been made punishable with death sentence. Investigation in such cases is to be completed within a period of two months .On the otherhand, Trial to be completed within six months and reasons for any delay shall need to be communicated to the High Court. It has been provided that no Bail shall be granted without hearing the Public Prosecutor.
Muzamil Maqbool, a peace activist, while talking to The Kashmir News Bureau stated – “It is a welcome step done by His Excellency Governor of the state Mr. NN vohra by approving Ordinance on death penalty to child rapists. There should be no second thought on any rape be it an adult rape or a minor one. Tough laws like death sentence are an immediate block to strop these major and shameful acts in the society. Mr. NN vohra, The governor of state must start the death penalty with Kathua case of little child. Let J&K hang those involved in this rape case so that people will take a lesson in the state and rest of the rest at large. This Ordinance would be a mere amendment if kathua child killers don't get justice and I still have high hopes that justice will be delivered soon.”
Mushtaq Ul Haq Ahmad Sikander, a Writer-Activist, while talking to the Kashmir News Bureau stated – “ The death penalty for child rapists has its flaws and positives. The death for a child rape can certainly act as a deterrent but then it should extend to juvenile rapists also. The factual reality is that the death penalty has certainly failed to act as a deterrent for rapists. Instead of demanding death for rapists the emphasis should be laid on inculcating gender sensitivity among children and youth particularly boys. Gender and it's contours should be included in the school curriculum only then we can witness a positive change in the coming decades and decline in rapes. But such steps need seriousness; law should be the last resort to fight the menace of rapes
 
 
 
 
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