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Govt approves death penalty to child rapists

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Jammu, Apr 24: The state cabinet that met in Jammu on Tuesday under the chairpersonship of Chief Minister Mehbooba Mufti approved the Jammu and Kashmir Criminal Law (Amendment) Ordinance, 2018 and the Jammu and Kashmir Protection of Children from Sexual Violence Ordinance, 2018.
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.
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.
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.
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.
The latest development comes days after the Union cabinet cleared the Ordinance for death penalty for those convicted of raping children below 12 years of age. President Ram Nath Kovind subsequently promulgated the criminal law amendment ordinance, paving the way for the stringent punishment.
BJP ministers including Deputy Chief Minister Dr Nirmal Singh attended the cabinet meeting.
An eight-year-old from Bakherwal community in Jammu and Kashmir’s Kathua district was sedated, held captive, gangraped and then murdered in January this year, sparking outrage across the state with the government handing over the case to the Crime Branch following protests from the community.
The case took a communal turn in Kathua, where an outfit called Hindu Ekta Manch was set up by politicians in support of the accused. Among those who backed the Manch were Lal Singh and Chander Prakash Ganga, two BJP ministers in Chief Minister Mehbooba Mufti’s Cabinet, who resigned subsequently.


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Lead Stories

JK’s liability swells

Mudassir Kuloo

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Srinagar, Jan 17: Similar to previous years, Jammu and Kashmir has accrued a liability of over Rs 7,000 crore in the ongoing fiscal even as experts blame state’s political leadership for not finding a solution to the issue.

Official documents of the finance department reveal that the state is running a liability of Rs 7,531 crore so far this fiscal, a figure close to the annual build-up J&K witnesses every year.

The total liabilities for the state have now swelled up to over Rs 68,000 crore.“The three fiscal parameters–revenue deficit, fiscal deficit and outstanding liability–indicate the extent of overall fiscal balance in the finances of the state government during the specified period. The nature of deficit is an indicator of the prudence of budgetary policy of the state government. Another useful measure of the deficit-base in a state’s fiscal policy is the State’s Own Deficit (SOD),” the documents reveal.

 

Noted economist, Professor Nisar Ali said the state’s expenditure and revenue system has been “mismanaged”.“The power purchase has been an important factor for swelling liabilities. The GST has further increased the mismanagement between expenditure and tax revenue,” he said.

Prof Ali also blamed J&K’s political leadership for increasing liabilities.“The annual liabilities increase due to power purchases despite the state having huge hydro resources. The state’s leadership has failed to fight for the return of power projects.

“It also depends upon the government of India how it wants to find a solution to this problem,” he added.

Endorsing Prof Ali’s views, a senior official of the finance department said that little or no use of revenue generation avenues, increasing power purchases and bulging expenditure on salaries are the main contributors to the escalating liabilities of the state.“There is a steep rise in salary and pension bills, power deficit, rising interest liabilities, loan repayments, and deficit on account of non-tax revenue,” the official said.

 

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Conducive atmosphere inevitable for dialogue: Farooq

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Srinagar, Jan 17: Former Chief Minister and National Conference (NC) president, Dr Farooq Abdullah on Thursday said that the favourable atmosphere is inevitable for dialogue, which is the only way out to settle the issues.
Addressing party workers in Jammu, Dr Farooq said that the dialogue is the only way out to resolve the issues but there is a need of conducive atmosphere which is inevitable. He added that “under the shades of gun, no dialogue process is possible. We have to stop bullet culture for lasting peace in the region.”
“NC has also given priority to the people. When I became Chief Minister in 1996, I fought with many things as the school were shut, no bridge was there, no office was functioning as the people were frightened by the turmoil then, but I stood up to fight against the forces who were inimical to peace.”
About 35 percent reservation in other states, Dr Farooq said that the incumbent Chief Minister of Odissa, Naveen Patnayak has written to him, suggesting there should be reservation of 35 percentfor women in Jammu and Kashmir also. “We will implement the law, which will ensure 35 percent reservation to women in the State once getting into the power,” he said.
However, he said that it is not easy to take such decisions as when his government took a decision to make 50 percent reservation for girls in Medical College then some people knocked the door of Supreme Court to put halt over the decision.
Dr Farooq also appealed the party workers to work hard and ensure the win of NC leaders who will be contesting the elections.

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Abundant snowfall in January makes Gulmarg the perfect winter-destination for tourists

Bisma Bhat

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Srinagar, Jan 17: Unlike last January, the abundant snowfall so far this month has attracted a lot of tourists to Gulmarg as the destination is brimming with over 90 per cent occupancy these days.

The valley has received at least four moderate to heavy snowfalls this year with an even stronger wet spell predicted from January 19 to 23.
Tourists from across the world are cherishing this and making their way to Gulmarg, whose slopes offer a perfect destination for skiing.

Speaking to The Kashmir Monitor, CEO Gulmarg Development Authority, Syed Hanief Balkhi said that most of the hotels are fully occupied as people are heading to Gulmarg to enjoy the charismatic scenery offered by the snow-covered hills.“Gulmarg is under 4-5 feet snow and is looking like a playground these days. Tourists from India and abroad enjoy skiing, snow cycling, ice skating, snow-sculptor activity, sledge-racing and other games here,” he said.

 

Apart from the hoteliers, the rush of the tourists, Balkhi said, has provided good workdays for sledge keepers, skating guides, local cab drivers and many others associated with tourism.

In 2018, as per the official figures, Gulmarg received 5.76 lakh tourists as compared to 5.69 lakh in the preceding year.

The tourism players also expressed satisfaction over the rush of tourists heading to the valley.

President Hotel and Restaurant Owners Federation, Wahid Malik said that snowfalls have pushed up the number of tourists visiting the valley.
“Gulmarg saw lesser arrival when winters begun, however, now the snow has ensured all the hotels and resorts are booked,” he said adding that Gulmarg hotels are running on 90 per cent occupancy so far this season.

Gulmarg is declared the ‘heartland of winter sports in India’ by the Winter Games Federation. This year too, Gulmarg Tourism Authority is going to organise winter sports carnival starting from the first week of February.

Additional Director Tourism Department, Nasir Khan said that Gulmarg is “rocking these days as it has received 34,712 and 35,022 tourists in the month of November and December”.

“We are going to organize the winter carnival from the next month to make the place more attractive,” he said.

He added that night market and cultural shows will also be arranged by the department.

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