Srinagar, Oct 20: The Chief Justice of J&K High Court, Justice Gita Mittal, on Saturday said the dying declaration of a victim of sexual abuse supported by a doctor’s testimony can send the guilty to gallows.
The Chief Justice was speaking at a daylong training programme for presiding officers and doctors on how to handle survivors of sexual violence at hospitals.
The training, under the High Court of J&K, was organised in collaboration with the Health Department here at J&K State Judicial Academy.
Justice Alok Aradhe, Judge High Court, J&K, and Chairman of State Judicial Academy, Abdul Rashid Malik, Director State Judicial Academy, Yash Pal Bourney, Member Secretary, State Legal Service Authority, Dr Farida Noor, Professor and Head Forensic Medicine and Toxicology, and doctors from various government hospitals were present in the meeting.
Addressing the gathering, the Chief Justice said the purpose of holding this programme was to the explain the significant role a doctor plays in helping a victim to get justice.
Justice Gita said, “In a case of domestic violence, a doctor, while trying to ascertain the reasons behind the patient’s condition, usually records the patient’s history.”
“If the victim dies, the same statement recorded by the doctor before the death of the patient may be treated by the Judge as the dying declaration of the victim. The dying declaration, supported by the testimony of the doctor confirming that the victim actually made that statement, can be relied upon to convict the husband or the in-laws or whosoever has committed the crime. At times, it could even be relied upon to send the accused to gallows,” Justice Gita said.
The CJ urged for holding a frequent conversation between doctors and lawyers to remove the doubts that gets created at various instances while delivering the professional duties.
“Rape is not a medical term. It is certainly not taught in the medical books. It has been interpreted after the 2013 amendment to the law and has several nuances and connotations, including outraging modesty and other terms. These are all legal expressions. So, what the doctor has to record while doing a medical examination of a patient is debatable,” she added.
Reiterating the need to overcome the personal biases, the CJ said, “We do not realise that subconsciously we carry with us the baggage of our own experience in life.”
Quoting an example, CJ said if a sex worker complains of rape, the first impression people have is of surprise.
“We have to overcome that understanding of conceptualization, as everyone has right to sexual bodily integrity, no matter what he/she is involved in or is doing.”
She also explained the reason why it was important to sensitise the doctors regarding some legal knowledge and how they were supposed to react when they get a summon from the court.
“If a doctor is supposed to come to court as a witness and, at the same time, required to handle an emergency., what shall he doctor? Therefore, it is important for the doctors to be aware of how to deal in such circumstances,” said the Justice Gita.
She said during the training, participants will understand about the entire gamut of issues around the cases of sexual violence, especially as professionals.
The CJ expressed the desire that such types of programmes would be replicated all the divisions of the State, including Ladakh and then repeated here in Kashmir to raise awareness among professionals.
She said trainings like these make us more aware and sensitize us with what is lawful and clear doubts when the doctors are carrying out the medical examination of the victim, including the child who has undergone through sexual violence.
During the day, the resource persons Dr Jagadeesh Narayan Reddy, and Vidya Reddy presented and discussed various issues at length with the participants.
The participating doctors were provided with counselling in deposing evidence in the Court of law.
South Kashmir will teach PDP a lesson for its wrongdoings: Cong
Srinagar Apr 19: Stating that People’s Democratic Party (PDP) has neglected the hardships of people during its three and half year misrule in the State, the J&K Pradesh Congress Committee (JKPCC) President and Party Candidate from Anantnag Parliamentary Constituency, G A Mir has said South Kashmir will give a befitting reply to PDP and teach a lesson to the party this time for the loss of precious lives and injuries to thousands of youth.
He also said that people will never forgive PDP for ensuring inroads to BJP RSS in the valley for the sake of getting Chief Ministerial post, but they (People) will respond by defeating this opportunist party.
Mir was addressing series of public meetings during mega road show in Shangus Assembly segment held by J&K Pradesh Congress Committee, which passed through many areas in which Senior Party Leaders and workers participated and appealed people to rise to the occasion to respond to PDPs dual standards, falsehood and deceit by defeating this Party miserably in the ensuing elections.
Mir said that mood of the people in south Kashmir was indicative of PDP’s defeat in the ensuing elections and victory of Congress party with a thumping majority, for the fact, south Kashmir has experienced worst due to the lust for power, betrayal and backstabbing on the part of PDP, which will continue to remain source behind anguish and anger among the people.
Congress has the capability to bring people out of morass and fear created due to the sellout by PDP after securing votes in 2014 elections, they will never forgive PDP for the damages caused to precious lives and property, besides blinding and maiming children leading to most extremely volatile situation in the entire South Kashmir elsewhere in Kashmir valley.
Taking the opportunity of ensuring election, Mir referred to By Elections to Anantnag Parliamentary Constituency and said it was the same PDP which got the polls cancelled after sensing defeat, for the fact, PDP Leadership was well aware that they would lose this seat and tactfully ensured deferent of Polls and then got these canceled under the garb of disturbing situation, rather than creating congenial atmosphere PDP played tricks and ensured cancellation of polls with the full support of Centre Govt, he said.
He said People of J&K have experienced worst, the misrule and mis governance on the part of PDP BJP Govt has pushed the state to wall, no development has taken place, rather the developmental process started by Congress Led Govt at Centre have been badly affected, only foundations stone were laid and announcements were made inorder to create a notion that unholy alliance of PDP BJP was serious about the development of the State, which was based on falsehood and lies, he said.
Mir appealed the people to ensure his victory with a thumping majority, as that will be the victory of people of South Kashmir, he added and emphasized them (people) to cast their vote in large numbers in favour of the Congress Party.
Among others who addressed the public meetings included PCC Vice Presidents Haji Abdul Rashid Dr, Gulam Nabi Monga, Ex. MLA Gulzar Ahmad Wani, Hilal Ahmad Shah, Bashir Ahmad Magrey, Vinod Koul, Gh. Mohi U Din Bhat, Mohd Iqbl Mir, Mushtaq Pahalgami, Block Presidents, PCC Members, DCC Members and youth leaders.
Addressing public meetings PCC Vice President Haji Abdul Rashid Dar, Gulam Nabi Monga,Gulzar Ahmad Wani & Hilal Ahmad Shah said that the ensuing elections was the best opportunity to defeat the opportunist PDP which has exploited people on sensitive issues for electoral gains in 2014 Assembly elections and appealed the people to ensure victory of Gulam Ahmad Mir with a thumping majority.
PDP stumbled down under the weight of its own ‘deceit’: NC
Srinagar, Apr 19: Jammu and Kashmir National Conference on Friday asserted that the people of Kashmir have made it a point to punish PDP for deceiving them on the promises it made during 2014 elections saying that people are looking towards NC for taking the state towards safe shores.
Addressing a public meet at Khanabal party’s South Zone President Dr. Bashir Veeri said that there is no fondness for Mehbooba Mufti on ground and that the people of south Kashmir will never forgive her for unleashing torments on them. “Today she is again coming forth with the same set of promises she made while canvassing for assembly elections in 2014. However what followed is an open secret, it cannot be articulated in words, there aren’t any alphabets that can reveal the massive pain the people of Kashmir particularly the people of south Kashmir had to go through,” he said.
Flaying Mehbooba Mufti for shedding crocodile tears on the miseries of people Veeri said, “The election time crocodile tears are political tears whose veracity is under question. Had PDP president and the Ex-Chief minister shed tears when our youth were devoured upon in 2016, it would have had any impact. One may inquire from her as to where was her concern for people when the people of Kashmir were subjected to worst of human rights violations. It was during her tenure that people were used as human shield; where her sympathy and empathy was for those who were blinded, bruised during her tenure. People are the good judge of character of PDP and its stint in power,” he said.
“When enjoying the benefits of power, she had bolted her mouth. People who voted for her, and reposed their faith in her were dejected by her changed outlook. People still remember how sordidly she mocked the death and misery of hundreds of families who had to shoulder the coffins of their beloved, with her coffee and Toffee remarks. People remember how appallingly she had asserted that the guns of security forces aren’t for display but action. She shamelessly stuck to her chair when the youth who had voted for her were being fired at. She didn’t have the gumption to bid good bye to BJP when scores of our youth, and elderly were being blinded and maimed. On the contrary she barefacedly presided over the relentless miseries of people. How can people forget her treachery and political duplicity? People across the state particularly in Kashmir are bidding goodbye to the PDP’s brand of politics, which is based on duplicity, crude lies and political shenanigans. Mehbooba is herself admitting the fact that people of the state, in particular her workers are disgruntled with her. PDP is a spent force, it never was any; the edifice of PDP has stumbled down under the weight of its own deceit and falsehood,” he said.
Veeri said that had BJP not pulled Chair she would have been sitting with them until now “today we see Mehbooba Ji taking pledges for the protection of state’s special status. How can she assume that she can fool people all the time? If she thinks on these lines then she is surely living in a fool’s paradise. There is nothing which suggests that she won’t join hands with the BJP in the future also. Moreover PDP is still in a tacit alliance with BJP; the way PDP supported BJP’s candidate for the post of deputy chairman of Lok Sabha reveals it all. Nonetheless, how can she protect the sanctity of our flag now when she couldn’t stand for the interests of Kashmir when in government with BJP? On the contrary, it was she who allowed the implementation of SARFAESI, GST and NFSA in J&K. what was left of our autonomy; Mufti’s took it upon them to obliterate it. How can she protect it now?”
Veeri said that National conference is the only party that boasts a panacea for the state’s problems. “Once in power we will make amends to the wrongs committed by the PDP-BJP combine. We will embalm the people who suffered at the hands of PDP-BJP. Besides that our leadership has already undertaken to do away with the anti-youth job policy SR0-202, and Public safety act.”
Among others district President Anantnag Altaf Ahmad Kaloo, District president Kulgam Abdul Majeed Bhat Larmi, provincial vice president Dr. Muhammad Shafi, Farooq Shah also addressed the people and sought support for party’s candidate for Anantnag Retired Justice Hasnain Masoodi.
700 girls in Srinagar provided assistance under SMAS
Srinagar, Apr 19: More than 700 girls in Srinagar have been provided with the financial assistance for marriage under State Marriage Assistance Scheme (SMAS), officials said on Friday.
In 2015, the government launched two schemes – State Marriage Assistance Scheme (SMAS) and HUNAR scheme – for poor and destitute girls of the state.
SMAS was meant for unmarried girls of the state living below the poverty line who may not find themselves in a position to marry due to financial constraints.
The Srinagar administration, these days, is surveying various areas of Srinagar to identify unmarried girls, who cannot afford their marriage expenses and enlist them for the allowance at the time of their marriage.
Under SMAS, the eligible girl would receive one-time financial assistance of Rs 25,000 and cost of 5 gms of gold.
“Since the survey was conducted in 2015, over 10,000 girls have already been listed for the scheme and out of which more than 700 girls have been given allowances at the time of their marriage,” Ajaz Ahmad, Senior Assistant at the district office, Social welfare Department told The Kashmir Monitor,
Ajaz said that the remaining cases have not approached them since they are yet to get married or are still pursuing their studies.
“30 more girls have approached this year out of previously registered cases as they are going to get married this year,” Ajaz said adding the existing forms will be rechecked and sent to the Finance department who will credit the money to the respective bank accounts.
Areas that have been surveyed including Arampora, Eidgah, Kawdara, Rajouri Kadal, Zadibal, Hawal, Lal Bazar, Khanyar, Palpora and Nowhatta.
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