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Testimony of doctors’ vital evidence to punish guilty: CJ Mittal

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Jammu, Nov 11: Chief Justice of J&K High Court, Justice Gita Mittal today highlighted the importance of a doctor being as the immediate responder to a victim of domestic or sexual violence and said that the testimony of doctor is the vital evidence to punish the guilty of the crime.
She called upon the doctors to use their inner conscience while attending the victims of such crimes so that their opinions become the main evidence in determining the cases by the judiciary.
The Chief Justice was speaking at a day-long training programme for presiding officers and doctors on handling survivors of sexual violence at hospitals. The training was organized under the aegis of High Court of J&K in collaboration with the Health Department and J&K State Judicial Academy.
Justice Alok Aradhe, Judge J&K High Court and Chairman of State Judicial Academy, Justice Sindhu Sharma, Judge J&K High Court, Resource Persons, Dr. Jagadeesh Narayana Reddy, Dr. Padma Deosthalli, Abdul Rashid Malik, Director State Judicial Academy, Dr. Samir Mattoo, Director Health Services, Jammu, Judicial Officers, doctors and other members of the legal fraternity were present in the workshop.
Justice Gita Mittal said that the purpose of holding this important programme is to explain the significant role a doctor plays in helping a victim to get justice at times.
She 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 and is 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, and at times it could even be relied upon to punish the accused as per law.
The CJ called for organizing frequent interactions between doctors and lawyers to clear doubts that gets created at various instances while delivering the professional duties.
She also deliberated on the needs to be done if the medical examination of a victim of sexual violence records no evidence of rape. “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.
She also explained the reason why it is important to sensitize the doctors regarding some legal knowledge and how they are supposed to react when they get a summon from the court.
“If a doctor is supposed to come to court as a witness, however, at the same time he/she gets an emergency call from the hospital to attend a patient urgently. What should a doctor do in such a circumstance? Whether to go to court and or to attend the patient and face the legal warrant afterwards ?. Therefore, it is important that doctors are aware with the law and how to deal in such circumstances,” said the Chief Justice.
The resource persons deliberated in length and breadth on several issues on the subject and also enlightened the participants on the advancements on this particular subject.
The discussion on gender issues revolved around on understanding circumstances and context in which sexual violence occurs, while as forensic issues during survivor’s examination were deliberated upon under legal issues and laws governing sessions.
Director J&K State Judicial Academy, Abdul Rashid Malik conducted the proceedings of the workshop and introduced the subject to the participants.


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State

Govt approves APOs of Forest, Wildlife dept for 2019-20

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Jammu Jan 15:  Chief Secretary, B. V. R. Subrahmanyam Tuesday chaired the 16th meeting of the Steering Committee of the Compensatory Afforestation Fund Management and Planning Authority (CAMPA) to consider the Annual Plan of Operations (APOs) of Forest and Wildlife Departments for the Year 2019-20.

After due deliberations, the Steering Committee approved the APOs for the year 2019-20 for Forest and allied Departments in terms of which afforestation will be undertaken in 6000 Hectare area and around 43 Lakh saplings will be planted in 2019-20. The Committee also approved the APOs of Wildlife Protection Department.

Earlier, the Committee was informed that against 13,000 hectares diverted under Jammu and Kashmir Forest Conservation Act for development works since inception, more than 41,000 hectares degraded forest area has been afforested.

 

Against each tree felled under the Act for development works, more than 20 new plants have been planted to compensate for the loss of environmental goods and services.

The Committee was informed that new Rules which have been notified on December 24th 2018 provide that more than 80% of the total outlay is to be spent on Forest and Wildlife Management Activities and less than 20% of the outlay on Infrastructure and Capacity building Activities.

The Committee was also informed that a Monitoring Group headed by CCF (Project and Planning) has been entrusted with the task of evolving independent system for concurrent monitoring and evaluations of CAMPA works.

Chief Secretary desired that utility of expenditure on fencing works should be reviewed by the Department for more effective utilization of funds.

It was informed that the coordinates and maps of the works executed under CAMPA are being placed on the website of e-green watch portal of Ministry of Environment and Forest.

While underscoring the importance of conservation and protection of flora, fauna and forest wealth, Chief Secretary urged the officers of the Forest Department to redouble their efforts so that afforestation and compensatory plantation is undertaken in a mission mode for restoring the ecological balance in the State. He also directed the Forest Department to put the details of works undertaken under CAMPA in public domain. The Department was also directed to work out a comprehensive proposal for conservation of wetlands in the State, particularly Gharana, Mansar and Hokersar, in consultation with the line Departments viz; Agriculture and Revenue and thereafter submit the same for consideration of the Government within two months.

Commissioner/Secretary, Forest advocated earmarking higher allocations to promote cultivation and marketing of medicinal plants so as to serve as a means of livelihood for the local population.

The Wildlife Department was directed to carry out habitat improvement, human animal conflict management and research studies and other conservation works under CAMPA. The Department was further directed to expedite updating of Forest Demarcation records and installation of boundary pillars in order to prevent encroachment of forest lands.

Principal Secretary, Finance, Principal Secretary, Planning, Development and Monitoring, Commissioner/Secretary, Forest, Ecology and Environment, Director, Soil & Water Conservation, Director, SFRI, Director, Social Forestry Department, Chief Conservator Forests, Jammu, Chief Conservator Forests (Eco Tourism), Chief Conservator of Forests (Planning & Project), CCF(FCA) and representative of MoEF&CC, Regional Office Chandigarh participated in the meeting. NGO members Nazir-B-Nazir and Dr.Gurmit Singh also attended the meeting as special invitees.

Sarvesh Rai, APCCF(CAMPA) made a detailed presentation on the functioning of CAMPA and APOs of the financial year 2019-20.

 

 

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K-issue globally accepted dispute: Geelani

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Srinagar, Jan 15: Hurriyat Conference (G) convened a meeting of its Majlis-e-Shoora, which was presided over by its chairman, Syed Ali Geelani, at his Hyderpora residence.

The meeting took stock of the current Kashmir situation.

According to a statement issued to the media, the meeting was attended by representatives of the amalgam including Bilal Siqiqui, Mohammad Yousf Naqash, Khawaja Firdous, Hameed Elahi, Molvi Bashir Irfani, Syed Mohammad Shafi, Yasmeen Raja, Arshid Aziz, Gh. Mohammad Nagoo, Shaheen Iqbal, Devinder Singh Behal, Masooda Ji, Mohammad Maqbool Magami and Mubashir Iqbal.

 

The statement read that during the meeting it was termed Kashmir issue as a long pending political and humanitarian issue to be settled by exercising free and fair plebiscite.

Hailing the statement of British Parliamentarian to help solve the Kashmir issue if voted to power, participants said that this once again vindicates our stand and proves beyond doubt the disputed nature of the state of Jammu and Kashmir, which India shamelessly continues to denial for the last 7 decades.

In his presidential address, Hurriyat Chairman termed Kashmir issue a globally accepted dispute where in the people’s right to self-determination is not only acknowledged but confirmed by more than a dozen resolutions, but persistent denial of our basic rights has turned this beautiful piece of land in a hell where every day killings, crackdowns, arrests, nocturnal raids and bulldozing residences has became a routine. People have been forced to live a harassed and threatened life, with continuous psychological stress, he said.

He further said that people are left at the mercy of forces, with vast and widespread intelligence network, who continuously peep into their private affairs without any moral or ethical ground.

Hurriyat (G) chairman said that common people especially pro-freedom political workers are slapped with numberless PSA and even the release orders from their own judicial houses are not honoured.

Hurriyat Conference (G) chairman said that many countries have economic interests in India is which is the reason that despite knowing and confirming the barbaric and brute face of India they keep mum, which encourages its meanness and beastliness.

He stressed upon the nation in general and youth in particular to strengthen our bond with our faith and seek guidance from Allah Almighty, be united and steadfast on achieving our goal and we will In Shah Allah get rid of this unnatural and forced occupation.

Reiterating his appeal for boycott, Hurriyat (G) chairman said that those elected by our votes, in the name of basic needs like Sadak, Bijli and Pani, act as local faces of the brutality and inhumanness of rulers.

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Anti-Kashmir think tank hell-bent to change JK’s demography: Sehrai

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Srinagar, Jan 15: Reacting on tagging and filing yet another plea in Supreme Court (SC) against the Article 370, Tehreek-e-Hurriyat Chairman, Mohammad Ashraf Sehrai Tuesday said anti-Kashmir think tank are hell-bent to change the demography of the Jammu and Kashmir.

In a statement issued here Sehrai said, “It’s a well-thought-out ploy to tamper with the special status and Muslim majority character of Jammu and Kashmir.”

“These forces are working hard to sabotage the future referendum process in Jammu and Kashmir and hatching conspiracies to achieve desired results to influence the process of referendum,” he said.

 

He said such moves were hatched to change the “disputed nature of J&K and its Muslim majority character too”. “The extremist elements had since 1947 always tried to push the Kashmir issue on the back burner and dilute its historical status and disputed character which they continue to do till this date. From Srinagar to New Delhi, efforts are being made to shift focus from Kashmir issue by portraying it away from its historical and ethical background,” he said.

Meanwhile, Sehrai expressed sorrow over the demise of Haji Ghulam Nabi Mir, member of Jamat-e-Islami Kulgam, President of JK Electrical Employees Union Mir Abdul Salaam Rajpori and cousin brother of General Secretary (TeH) Hamzah Shah.

Sehrai extended his condolences and sympathy to the bereaved families and prayed for the deceased souls.

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