J&K cabinet nod to ordinance on death to child rapists
The decision comes just days after the Centre approved an ordinance to amend POCSO Act
JAMMU: The Jammu and Kashmir cabinet on Tuesday approved the draft of an amendment to be submitted to the state’s governor for promulgation of an ordinance, which provides for the death penalty to rapists of children.
It comes just days after the Centre approved an ordinance to amend the Protection of Children from Sexual Offences (POSCO) Act.
“We brought two ordinances today (Tuesday). One is Criminal Law Ordinance 2018 (Amendment) and the other is Jammu Kashmir Protection of Children from Sexual Violence 2018 ordinance. Under the latter, death penalty will be awarded for sexual offences against children under 12 years of age. While the amendment to the Criminal Law Ordinance will enhance punishment to 20 years rigourous imprisonment or life imprisonment for sexual offences against girls from 13 to 16 years,” said law minister Abdul Haq Khan at a media briefing here.
The cabinet also decided to have fast-track trials in such cases. Gangrape of women under 16 years of age has been made punishable with imprisonment for life while gangrape of women under 12 years of age has been made punishable by a death sentence, he said, adding, “We have also decided that the investigations have to be done by women police officers and it has to be completed within two months. Similarly, the trial has to be decided by the court within six months. The time for appeal will also be six months.”
Khan said deviating from the previous practice in rape cases, the fine will now go into the rehabilitation of the victim and not to government coffers.
The state has been rocked by the alleged gangrape and murder of the minor girl in Kathua district in January this year.
The ordinance will come into force after governor NN Vohra gives his assent to it.
Being a special state under Article 370, Central legislation and ordinances do not apply to J&K. Any such legislation has to be adopted either by the legislative assembly or via ordinance.
CRIME BRANCH TO APPROACH COURT AGAINST LAWYER
The J&K crime branch will soon approach a local court in Kathua against a defence lawyer who is allegedly circulating ‘twisted facts’ in the case to vitiate the atmosphere, officials said here.
The police has taken cognisance of a CD in which a witness is seen as saying that he had been coerced by the crime branch to give a statement against Vishal Sharma, son of Sanji Ram and one of those alleged to have raped the child, officials said.
The CD, which has gone viral on social media, was passed off by the lawyer as a statement that the witness had given in front of the magistrate, the officials said.
However, initial investigations showed that it was prepared outside the court premises by the lawyer to mislead the public and create disaffection towards the government, they said.