Mehbooba govt brings ordinance akin to that brought by Modi govt in Centre.
Amid growing protests over Kathua rape and murder case, Mehbooba Mufti government cleared two ordinances making rape of children below the age of 12 punishable by death and rape of the women under the age of 16 punishable by life imprisonment.
Jammu and Kashmir Criminal Law (Amendment) Ordinance, 2018 and the Jammu and Kashmir Protection of Children from Sexual Violence Ordinance, 2018 was cleared in a cabinet meeting chaired by Chief Minister Mehbooba Mufti on Monday in Jammu. Since Jammu and Kashmir has a special status in the Indian union under Article 370, the laws made by centre are not directly applicable in the restive state. Therefore the Mehbooba Mufti government has decided to promulgate its own ordinances to make rape of the minors punishable by death.
According to 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. “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”, the ordinance said.
Under the new ordinance the investigation in such cases has to be completed within a period of two months and the trial has to be completed within six months and reason for any delay has to be communicated to the high court.Stringent provisions for bail have been incorporated in the Ordinance. It has been provided that no bail shall be granted without hearing Public Prosecutor. 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.
“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”, said an official spokesman.
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 "Protest against Unnao and Kathua rape cases")
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