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DODA: India is a motherland of every citizen to enjoy his / her life without any fear and depression and enjoy right without any caste ,creed , colour and religions. Comparing a right to man, woman has equal right to in every sector against a man. In India every woman has a right to take legal action against any person who assaults or tries to outrage her modesty by any deliberate constant gesture or physical force under Sec. 354 of IPC. Every woman has a right to lodge a complaint in the police station , if she is forced to have sexual intercourse against her under Sec. 376 of IPC.


A woman has the right to lodge a complaint if she is being harassed, even teased and passed rude remarks in public places like buses, trains, roads etc. under Sec. 354 of IPC. Every woman has a right to take legal action against her husband if she is being tortured both physical and mentally or tortured for not agreeing to the demand of money or valuables under Sec. 498(A) of IPC . 
If the relations of the husband of a woman or her mother-in-law or any other relatives, torture her and demand money, valuable articles from her parents, she can lodge a complaint against them under Sec. 498 A of IP). If a woman has been kidnapped and either forced against her will to marry any person or to have sexual intercourse, a crime has been committed and she has the right to lodge a complaint under Sec. 366 of IPC .

If any person demands or requests for sexual favours, passes sexually colored remarks, or verbally or non-verbally conducts himself in a sexual manner to the woman at her work place then she has the right to complaint against this harassment to her employer and the complaint would be lodged through as per procedure/guidelines of the Supreme Court. (Supreme Court judgement in Writ Petition No-666-700 of 1992 in Vishaka and others Vs State of Rajasthan). A woman if she is a witness has a right to be examined in her own house in the presence of her close relatives under Sec.160 of Cr PC .

A woman should not sign the FIR unless she is satisfied that it is accurate. (National Commission for women). If the officer concerned refuses to register the FIR, a copy of the complaint should be sent to the Deputy Commissioner of Police of the respective Division immediately. Every woman has the right to take legal action by approaching the Court if the officer in charge does not take any action on the complaint. A woman can be searched, only by another woman with strict regard to decency under Section 51 and 100 Cr PC.

Any female occupant, who as per custom does not appear in public and not being the person to be arrested, has to be afforded reasonable opportunity to withdraw before entering a place for arresting a person who may be hiding there under Sec. 47 Cr PC. No male under the age of 15 years or a woman can be summoned by police as witnesses to depose about the facts and circumstances in a case under investigation at any place other than the place in which such male person or woman resides under Sec. 160 Cr PC. “Legal Rights that every women must know ” Knowing the times that we are in, we give you, yet again, an overview of some important legal rights for women that every one must be aware of these.

Free Legal Aid Exercise your right to free legal aid. Often, women go to the police station unaccompanied by a lawyer to get their statement recorded, and they stand the risk of being misquoted or their statement being tampered with. The police may also treat the entire episode lightly and not lodge an FIR. So, it is necessary to have a lawyer with you while you lodge the FIR. “According to a Delhi High Court ruling, whenever a rape is reported, the SHO has to bring this to the notice of the Delhi Legal Services Authority. The legal body then arranges for a lawyer for the victim,” says Saumya Bhaumik Women Rights Lawyer.

Right to Privacy While Recording Statement Under section 164 of the Criminal Procedure Code, a woman who has been raped can record her statement before the district magistrate when the case is under trial and no one else needs to be present. Alternatively, she can record the statement with only one police officer and woman constable in a convenient place that is not crowded and does not provide any possibility of the statement being overheard by a fourth person. The cops have to by law, upkeep the woman’s right to privacy. It’s important for the person to feel comfortable and not be under any kind of stress while narrating the incident.

Time doesn’t Matter ,The police cannot refuse to register an FIR even if a considerable period of time has elapsed since the incident of rape or molestation took place. If the police tells you that they can’t lodge your FIR since you didn’t report it earlier do not concede. “Rape is a horrifying incident for any woman, so it’s natural for her to go into shock and not want to report it immediately. She may also fear for her safety and the reputation and dignity of her family.

For this reason, the Supreme Court has ruled that the police must register an FIR even if there has been a gap between the report and the occurrence of the incident,” says Tariq Abeed Advocate Supreme Court. Email to the Rescue , According to the guidelines issued by the Delhi Police, a woman has the privilege of lodging a complaint via email or registered post. If, for some reason, a woman can’t go to the police station, she can send a written complaint through an email or registered post addressed to a senior police officer of the level of Deputy Commissioner or Commissioner of Police. The officer then directs the SHO of the police station, of the area where the incident occurred, to conduct proper verification of the complainant and lodge an FIR. The police can then come over to the residence of the victim to take her statement. Cops can’t Say No: A rape victim can register her police complaint from any police station under the Zero FIR ruling by Supreme Court. “Sometimes the police station under which the incident occurs refuses to register the victim’s complaint in order to keep clear of responsibility and tries sending the victim to another police station. In such cases, she has the right to lodge an FIR at any police station in the city under the Zero FIR ruling. The senior officer will then direct the SHO of the concerned police station to lodge the FIR,” says Abeed. This is a Supreme Court ruling that not many women are aware of, so don’t let the SHO of a police station send you away saying it “doesn’t come under his area”.

No Arrests after Sunset ,According to a Supreme Court ruling, a woman cannot be arrested after sunset and before sunrise. There are many cases of women being harassed by the police at wee hours, but all this can be avoided if you exercise the right of being present in the police station only during daytime. “Even if there is a woman constable accompanying the officers, the police can’t arrest a woman at night. In case the woman has committed a serious crime, the police has to get it in writing from the magistrate explaining why the arrest is necessary during the night,” says Bhaumik.

You can’t be called to the Police Station , Women cannot be called to the police station for interrogation under Section 160 of the Criminal Procedure Code. This law provides Indian women the right of not being physically present at the police station for interrogation. “The police can interrogate a woman at her residence in the presence of a woman constable and family members or friends,” says Abeed. So, the next time you’re called to the police station for queries or interrogation when you have faced any kind of harassment, quote this guideline of the Supreme Court to exercise your right and remind the cops about it.

Protect your Identity , Under no circumstances can the identity of a rape victim be revealed. Neither the police nor media can make known the name of the victim in public. Section 228-A of the Indian Penal Code makes the disclosure of a victim’s identity a punishable offense. Printing or publishing the name or any matter which may make known the identity of a woman against whom an offense has been committed is punishable. This is done to prevent social victimisation or ostracism of the victim of a sexual offense. Even while a judgment is in progress at the high court or a lower court, the name of the victim is not indicated, she is only described as ‘victim’ in the judgment.

Doctor can’t Decide , A case of rape can’t be dismissed even if the doctor says rape had not taken place. A victim of rape needs to be medically examined as per Section 164 A of the Criminal Procedure Code, and only the report can act as proof. “A woman has the right to have a copy of the medical report from the doctor. Rape is crime and not a medical condition. It is a legal term and not a diagnosis to be made by the medical officer treating the victim. The only statement that can be made by the medical officer is that there is evidence of recent sexual activity. Whether the rape has occurred or not is a legal conclusion and the doctor can’t decide on this,” explains Bhaumik.

Employers must Protect , It is the duty of every employer to create a Sexual Harassment Complaints Committee within the organisation for redressal of such complaints. According to a guideline issued by the Supreme Court, it is mandatory for all firms, public and private, to set up these committees to resolve matters of sexual harassment. It is also necessary that the committee be headed by a woman and comprise 50 per cent women as members. Also, one of the members should be from a women’s welfare group. These rights proves that every women in India shall enjoy freely beside not to voilate these rights.

For this reason, the Supreme Court has ruled that the police must register an FIR even if there has been a gap between the report and the occurrence of the incident,” says Tariq Abeed Advocate Supreme Court.  Email to the Rescue , According to the guidelines issued by the Delhi Police, a woman has the privilege of lodging a complaint via email or registered post. If, for some reason, a woman can’t go to the police station, she can send a written complaint through an email or registered post addressed to a senior police officer of the level of Deputy Commissioner or Commissioner of Police. The officer then directs the SHO of the police station, of the area where the incident occurred, to conduct proper verification of the complainant and lodge an FIR. The police can then come over to the residence of the victim to take her statement. Cops can’t Say No: A rape victim can register her police complaint from any police station under the Zero FIR ruling by Supreme Court. “Sometimes the police station under which the incident occurs refuses to register the victim’s complaint in order to keep clear of responsibility and tries sending the victim to another police station. In such cases, she has the right to lodge an FIR at any police station in the city under the Zero FIR ruling. The senior officer will then direct the SHO of the concerned police station to lodge the FIR,” says Abeed. This is a Supreme Court ruling that not many women are aware of, so don’t let the SHO of a police station send you away saying it “doesn’t come under his area”.

No Arrests after Sunset , According to a Supreme Court ruling, a woman cannot be arrested after sunset and before sunrise. There are many cases of women being harassed by the police at wee hours, but all this can be avoided if you exercise the right of being present in the police station only during daytime. “Even if there is a woman constable accompanying the officers, the police can’t arrest a woman at night. In case the woman has committed a serious crime, the police has to get it in writing from the magistrate explaining why the arrest is necessary during the night,” says Bhaumik.

You can’t be called to the Police Station, Women cannot be called to the police station for interrogation under Section 160 of the Criminal Procedure Code. This law provides Indian women the right of not being physically present at the police station for interrogation. “The police can interrogate a woman at her residence in the presence of a woman constable and family members or friends,” says Abeed. So, the next time you’re called to the police station for queries or interrogation when you have faced any kind of harassment, quote this guideline of the Supreme Court to exercise your right and remind the cops about it.

Protect your Identity , Under no circumstances can the identity of a rape victim be revealed. Neither the police nor media can make known the name of the victim in public. Section 228-A of the Indian Penal Code makes the disclosure of a victim’s identity a punishable offense. Printing or publishing the name or any matter which may make known the identity of a woman against whom an offense has been committed is punishable. This is done to prevent social victimisation or ostracism of the victim of a sexual offense.   Even while a judgment is in progress at the high court or a lower court, the name of the victim is not indicated, she is only described as ‘victim’ in the judgment.

Doctor can’t Decide , A case of rape can’t be dismissed even if the doctor says rape had not taken place. A victim of rape needs to be medically examined as per Section 164 A of the Criminal Procedure Code, and only the report can act as proof. “A woman has the right to have a copy of the medical report from the doctor. Rape is crime and not a medical condition. It is a legal term and not a diagnosis to be made by the medical officer treating the victim. The only statement that can be made by the medical officer is that there is evidence of recent sexual activity. Whether the rape has occurred or not is a legal conclusion and the doctor can’t decide on this,” explains Bhaumik.

Employers must Protect ,It is the duty of every employer to create a Sexual Harassment Complaints Committee within the organisation for redressal of such complaints.   According to a guideline issued by the Supreme Court, it is mandatory for all firms, public and private, to set up these committees to resolve matters of sexual harassment. It is also necessary that the committee be headed by a woman and comprise 50 per cent women as members. Also, one of the members should be from a women’s welfare group. These rights proves that every women in India shall enjoy freely beside not to voilate these rights.

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DODA: From last several decades, a series of road accidents claimed hundreds of innocent lives in Chenab valley and its adjoining areas. Today Sumo accident over Dunadi Bunjwah KewaPull Kither road  in which one passenger was killed and other six were injured among which one is in critical condition, is in  the series of accidents that took place in Bunjwah area of Kishtwar district in Chenab valley. The reasons are not far to seek with regard to these accidents.

The deficient services has been leading to rash driving and worse condition of road resulting in accidents every now and then in Chenab valley. The passengers travelling in buses and other commuter services have lost their lives for no fault of theirs as they were just commuting on the roads as per their daily requirements. In most of the cases, accidents have been attributed to over-loading and bad condition of road. In some cases, the buses and other vehicles that have fallen into Chenab river have not been traced and the passengers also remained untraced for months together. Some of the bodies were sadly recovered from Chenab river tens of kilometers downstream after many weeks. The spate of accidents in the recent past were also caused by dilapidated road conditions and some of the roads are not traffic worthy just like Dunadi Bunjwah KewaPull Kither road that is a glaraing example of worse condition of road.

The Government and its agencies wake up to the situation only after some major accident has taken place. Otherwise, the Government agencies go into deep slumber after announcing half-hearted measures to check the number of accidents and promises to improve the road conditions as well as the commuter services. Everything is forgotten once the anger of the people goes off after a weeks or months. No Government in the past has bothered to improve the commuter services for the convenience of the people living in far flung areas when dependable and reliable transport operations totally are missing in  the chenab region.

Today accident on  Bunjwah road Near Nagni shows complete failure of concerned agencies including PWD R&B JK-PCC and PMGSY who failed in maintaining and restoration of roads from last two decades despite crores of rupees are withdrawn no name of " Dunadi Bunjwah , KewaPull Kither , Tipri Patnazi roads " that is the only one road link connecting Bunjwah with rest other regions of state. 

It is important to mention that on 05 Feb 2018 , a strong demonstration was observed by Youth Bunjwah and general public at Thathri regarding worse condition of Bunjwah road from Dunadi to Patnazi , where District Administration team headed by Tehsildar Headquarter Kishtwar Tanveer ul Haq , DySP Headquarter Kishtwar Nihar Ranjan and other officials assured that maintenance and restoration shall be started from next day of protest at an earliest . It's so unfortunate that 11 days have passed no suitable measures had been taken to maintain Bunjwah road and even Concerned departments failed to check out the condition of road during recent snowfall .

At that time if Government is sincere in avoiding these avoidable accidents, it must frame an action plan wherein all problems are studied and a solution is found for them. Thereafter, these should be implemented in letter and spirit otherwise accidents would continue to occur in Chenab Valley and particularly on Bunjwah road.

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Kashmir is the heaven, the best tourist destination, land of Sufis, pious earth for a section of people inhabiting in India, but for Kashmiris the hell, the big prison, blooded land, flush point between India and Pakistan and so on.  It is here in the state of Jammu and Kashmir that all mainstream political parties are been supported during and after elections. It is here, that Hurriyat Conference is been heard and followed by the people in letter and spirit. Killing of anybody whether Army men, Civilian, Militant, Police personal in the land of Jammu and Kashmir is strongly condemned by the common people of the valley irrespective of religion, region, caste, creed and color.  The people of the state supported three broad political ideologies and that is the reason chaos, unrest, disunity is prevailing and complete failure in getting results are clearly seen on the surface. The ideologies representing people are as under accordingly.

1.   Kashmir as an integral part of India.

2.   The Kashmir is a disputed territory and inhabitants need freedom from Indian occupation.

3.   Kashmir is a part of Pakistan. 

The confusion among the masses has always failed the goals of all the stakeholders concerned. People have unfurled the flags of India, China, Pakistan and Kashmir from time to time in the Valley, resulted complexity in finding the genuine political problem of the state. Sometimes people have opposed the terrorism and sometimes flags of ISIS were raised during public demonstrations. Lakhs of people came to streets in year 2010 during Kashmir unrest, in which hundreds of youth were killed, the billions of economic loss and Kashmir bandh for months. After math this all frenzy mess, Sorry to say that same people in thousands were seen in queues to support the main stream political parties during elections.  

The shutdown calls from time to time given by  Joint resistant leadership are been followed by the people, on contrary, the calls given by the government like restrictions in several areas under the jurisdiction of different police stations are also been followed by the same. The common people knows no language in Kashmir due to complete confusion and fear, knows only to follow the given programs of any side. Those people supporting Burhan Wani, Sabzar Bhat and others, want their own children’s to remain far away from the gun. One section of the people wants daily encounters between Militants and Security forces in South Kashmir but not like to happen same with them. Their houses and families should be safe but like to hear the annihilation of other houses and families in the valley.  The presence of militants in any village is communicated to the security forces by the inhabitants of the Kashmir. On the other side, one section of people put their lives on risk to save the Militants on encounter sites. The history is a testimony to the fact that we have changed our faces from time to time, we joined Militancy, we cheated them turn to Ikhwanis and created an environment of hostility in the entire state. 

Common Kashmiri is so helpless that outside state he has to prove that he is an Indian and inside state he has to prove accordingly that he is a freedom lover. Neither Indians are ready to accept common Kashmiri as Indian citizen nor do Leaders of different freedom factions accept common Kashmiri as freedom fighter. He is always been doubted and with suspicious eyes his activities are been monitored. We have produced police forces, Militants as well as informers; all are the sons of the same soil. Any militant, police men at contemporary is been martyred in any part of the valley is a Kashmiri. Here killers as well as killed both are freedom fighters and martyrs. The distinction between good and bad is a herculean matter to understand due to continuous uncertainty and chaos in the valley.

The encounters on daily basis have put the lives of every ordinary man in a great distress.The long drawn conflict in Kashmir is responsible for the stress and mental disorders among the people particularly youth.  Neither strategy nor progressive dialogues are gaining momentum to put a pause on the ongoing cycle of violence in the state. 

Every Kashmiri have a major responsibility to rationally pounder over the situation and duty bound to contribute its best for bringing peace and normalcy in the state. The peace process should be started in the valley between all stake holders concerned in keeping view the deteriorating situation in the state and hardships of the common masses. War begets war and love begets love. Need of an hour is to leave the path of violence and start a comprehensive dialogue , confidence building measures and constructive strategies with an intention to win the hearts and minds of the people, so that cycle of deaths can be comprehended and stopped for all times to come. The Kashmir is on fire and will engulf whole sub-continent into its ambit, if not resolved at earliest. Delay in finding the solution to the issue will only raise deaths and destructions. 

Syed Karar Hashmi ( Social Activist and Political Commentator from Central Kashmir Ganderbal. Author can be contacted on: This email address is being protected from spambots. You need JavaScript enabled to view it.)