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Child Abuse and POCSO Act

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.

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Child Abuse and POCSO Act

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.


Self-Reliant Jammu & Kashmir, Legally!!

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.

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