In conversation with Romaan Muneeb about domestic violence laws and provisions available to women. #domesticviolenceawareness #laws
Watch Full Interview on https://www.facebook.com/watch/?v=686622079217619
Child Abuse and POCSO Act
There is a saying that, “What you allow to happen in your presence is your standard”. It is hard to digest but it needs to be understood that the issue of child sexual abuse has always been rampant in our society and is now becoming very common in Jammu and Kashmir. It is an ugly truth and it is extremely sickening that such issues are either overlooked or dealt without proper alertness. Children may not be the 100% of our population but they definitely are the 100% of our future. Tender age of the child who is sexually abused is transformed into a lifetime of anxiety and depression. Every human has certain memories from his/her childhood and events like these in early life can lead to devastating consequences in the life ahead of such children. Children are defenseless and need security, affection, and tremendous sensitiveness as a result of their physical, mental, and other underdeveloped abilities.
Sexual abuse against children includes all situations in which a child is used for sexual pleasure either by an adult or a juvenile. Sexual abuse of child is not a phenomenon that is common only in a poor household. It also happens within the wealthy, middle class or rich families. There are several unreported cases of child abuse in schools or other educational centers including religious centers. Children who are sexually abused sometimes have to suffer from mental breakdown and need psychological help. The child loses the sense of dignity and self-worth andsuffers from the loss of confidence in the family and relatives.
Read full Article on http://risingkashmir.com/child-abuse-and-posco-act
“WILL” you ensure!
In March this year, with the outbreak of the novel Coronavirus,a SARS 2 respiratory illness known as Covid-19, caused widespread health and wealth devastation around the world. The World Health Organization categorized COVID-19as a“Pandemic” and the only known and successful measure to curb the virusfrom spreading was by way of imposing a strict lockdown. The Government of India too had little choice and announced a countrywide lockdown. COVID-19is a first of its kind after decades, whichunfortunately is a multipronged attack on our health,lives, wealth and economy.The spectrum of risk that refracts from this pandemic is beyond comprehension and risks are broad enough to impact an individual on personal as well as professionalfront, the dependents are also destined to suffer the impact.
“WILL” you ensure!
In normal times,a “Will” was ordinarily prepared by those who were running towards old age and would foresee disputes amongst their family members after their demise. Hence, to protect their family a“Will” was prepared.
Read full Article on https://kashmirdespatch.com/will-you-ensure/?fbclid=IwAR3vW0SVuWhtR322daGEaqCqeyVgHY079IiWHsSQetclFWaTag5lcFLC5ac
Bail of YouTuber Faisal Wani (Malik and Romaan Law Kashmir)
The Legal Wing of Awani National Conference with the support of Advocates Viqas Malik, Romaan Muneeb and Amir Mushtaq has been successful in securing bail for Kashmiri YouTuber Faisal Wani who was taken into custody by the Jammu & Kashmir Police for uploading an alleged video depicting beheading of BJP Spokesperson Nupur Sharma, who had earlier insulted Prophet Muhammad (SAW) on a national TV debate.
In a statement issued to the Kashmir Media Watch, The Awami National Conference condemned the act of Nupur Sharma and sought strict legal action against her for intentionally insulting the faith and belief of 1.8 billion Muslims across the globe. Our party stands by the secular ethos and democratic values of our republic. Our Party resolutely stands against the venomous and communal propaganda being perpetrated by certain black sheep’s in the national media. We have and will always stand by the cause of the people of Jammu & Kashmir.
https://www.kashmirmediawatch.com/anc-succeeds-in-bail-of-youtuber-faisal-wani/
A Legal Insight Into the Lives of the Women of Jammu and Kashmir
Anyone who seeks remedy under Law anticipates an effective and speedy redressal of grievances. To cater to this hope, the Legislature often endeavours to design special laws, procedures and adjudicatory fora for speedy adjudication of disputes, especially for the more vulnerable. One of the issues has been the dismay and despair of the women in our society and the legislature has been more empathetic with the plight of women who face difficulties due to troubled marriages. There are various statutes, which ensure the protection of women as also their rights. In fact, the Magna Carta of these welfare legislations lays in the Constitution of India, Article 15 (3) to be more specific.
The Muslim Women (Protection of Rights on Divorce) Act, 1986, The Protection of Women from Domestic Violence Act, 2005, Hindu Marriage Act, 1955 etc. were introduced decades ago and have been tailored time and again to ensure their effectiveness. However, the women of Jammu and Kashmir could not exercise many rights like their sisters in the other parts of the country due to parallel Constitutional structure and failure of the male-dominated State Legislature to ratify these laws. Hence, the women of J&K could never really ensue any benefit out of these legislations, which otherwise equipped their sisters with special rights and protection where the marriages failed to work.
Read Full Article on https://libertatem.in/articles/a-legal-insight-into-the-lives-of-the-women-of-jammu-and-kashmir/
‘Jiski Lathi, Uski Bhains’: An Analysis from the Perspective of Social Distancing Norms in COVID-19
For those of us living in India right now, every day there’s a new set of rules and regulations and law handed down from Centre and State governments as they aim to stop the spread of coronavirus. Borders have been sealed, events have been cancelled, and many shops, businesses and services like court are yet to resume operations. Social distancing measures have been put in place and self-isolation is mandatory for most people crossing jurisdictions, and, of course, anyone returning from overseas or entering the country.
Practising ‘social distancing’ and undertaking mandatory self-isolation in a utopian society should have been largely based on trust – trusting people to follow the Public Health and Safety guidelines, as well as other sensible guidelines and recommendations. But in the wake of video footages showing crowds gathering, baithaks, and other similar mass gathering the rules have now changed.
Read Full Article on https://libertatem.in/articles/jiski-lathi-uski-bhains-an-analysis-from-the-perspective-of-social-distancing-norms-in-covid-19/
Encounters and the Law Around: Fake Encounter Concluded
Suddenly a little known small village called Amshipora in south Kashmir with a population of just 1700 inhabitants has taken a center stage in the local news. This after an encounter with the security forces in which three suspected militants were neutralized. The news could have croaked here just like the trio but their afterlife fate wanted their names to live for some more time. The said encounter came under clouds when relatives of three young men from dhar sakri village of district Rajouri lodged a belated missing person report after the encounter and suspicion arose if the 3 missing labourers are those who were neutralized as terrorists. The relatives of missing youth in their complaint to the police claimed that they had last spoken to the trio on July 16th when these young labourers informed that they had rented a small room in Chowgam, Shopian.
After the matter gained prominence, the Army ordered a high-level Court of Inquiry “CoI”. The spokesperson of the Army later informed that the process of recording of statements of key witnesses is in progress, which is being monitored closely. The Army has also published advertisements in the local newspaper calling for people acquainted with the case to come forward and depose before the CoI. In the meanwhile, the J&K Police collected DNA samples of the family members from Rajouri for juxtaposing them with those, now buried in north of Kashmir.
Read Full Article on https://libertatem.in/articles/encounters-and-the-law-around-fake-encounter-concluded/
Looking Back on Article 3 During Changing Regulations in the Mining Sector
After the extension of the Jammu & Kashmir Reorganization Act, 2019 which abrogated Article 370 of the Constitution of India, a lot of speculations were made on the fate of J&K, whereas the current regime at Center saw the extension of Central acts to the newly created UT of J&K as an overture of development and anticipated high interstate investments in J&K. But many had an alternate theory and speculated that not much would change as the non-local investor would be sceptical to invest in J&K for its volatile situation and pendency of abrogation issue before the Hon’ble Supreme Court of India in WP (C) 1099 of 2019, as any adverse decision on the fate of Reorganization Act could cost investors loss of millions.
But what’s changing? The data as to investment reflects that abrogation has proved to be very beneficial for the state exchequer as far as money receipts from E-auction of mining are concerned. Over the last few months majority of the mining, leases have gone to non-local firms, which are majorly based out of Punjab, Uttar Pradesh, and Rajasthan and have made competitive bids. The abrogation has unbolted the mining industry of the Jammu and Kashmir to non-locals, which has a vast repository of Limestone, Gypsum, Bauxite, Magnesite, Dolomite, Quartzite, Borax, Fuel Minerals like Coal, Lignite, decorative/building stones like Granite, Marble, Slate, Bauxite, China clay, Bentonite and Gemstone like Sapphire, Garnet, Tourmaline, etc.
Read full Article on https://libertatem.in/articles/looking-back-on-article-3-during-changing-regulations-in-the-mining-sector/
Farm Bills and Their Impact on Jammu & Kashmir
The much talked about monsoon session of the Parliament culminated recently but not without controversies, sloganeering, and demonstrations. Apart from various other bills that saw the light of the day, the three key farm bills namely Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Bill, and Essential Commodities (Amendment) Bill garnered maximum spotlight. Intriguingly, like all other legislations, these bills are very promising, or one may feel that they are being projected that way.
The newly introduced laws are stated to be farmer-friendly by promising to increase his income and freeing the sector from government control. However, it has caused a major commotion across the country with farmers already hitting the streets despite the pandemic. The government, on the other hand, asserts that these bills will revolutionize the agrarian sector, which collectively constitutes 60% of India’s economy and hence the growth of the sector would fundamentally impact the overall economy and vice versa.
Read full Article on https://libertatem.in/articles/farm-bill-its-impact-on-jammu-kashmir/
Self-Reliant Jammu & Kashmir, Legally!!
The Jammu and Kashmir Reorganization Act, 2019 stands as it is, and by way of Section 95 provides for extension of 106 central laws to the newly created UT of J&K while dousing 153 erstwhile state laws and retaining 166 erstwhile laws.
The now extended central laws aspire uniformity in substantive and procedural law across the country. It also promises its people the access to rights and forums in parity with the rest of the countrymen. However, the tangible implementation by establishing the required tribunals, forums etc. is still a far reality. It be noted that for exercising the rights flowing from the freshly extended laws does not lay with the traditional Courts for their adjudication. For instance, amongst others, The Jammu and Kashmir Reorganization Act, 2019 extended central laws like Administrative Tribunal Act of 1985, Family Courts Act of 1984, Legal Services Authorities Act of 1987, Gram Nyayalayas Act of 2009, which necessitate the establishment of independent judicial bodies for their effective implementation. The newly extended laws provide for a composition or an organizational structure, which is different from its predecessor system and therefore would require systematic reorganization to keep the spirit of the central laws alive.
Read full Article on
https://www.greaterkashmir.com/todays-paper/self-reliant-jammu-kashmir-legally