25th June 2024 (9 Topics)
1
Jun
3
Jun
4
Jun
5
Jun
6
Jun
7
Jun
8
Jun
10
Jun
11
Jun
12
Jun
13
Jun
14
Jun
15
Jun
17
Jun
18
Jun
19
Jun
20
Jun
21
Jun
22
Jun
24
Jun
25
Jun
26
Jun
27
Jun
28
Jun
29
Jun
Enemy Agents Ordinance
Context
In Jammu & Kashmir, the efficacy and ethical implications of laws like the Enemy Agents Ordinance, its application remains a critical aspect of security policies. This ordinance, known for its severity, is being highlighted amid ongoing security concerns and legal frameworks in the erstwhile state.
What is the Enemy Agents Ordinance?
- The Enemy Agents Ordinance traces its origins back to 1917, during the Dogra rule in Jammu and Kashmir. Initially termed an 'ordinance,' it was designed to address threats posed by those aiding enemies or engaging in activities detrimental to Indian military operations.
- Legal Framework and Amendments: Over time, the ordinance evolved and was incorporated into Jammu and Kashmir's legal system post-Partition. Despite subsequent legislative changes, it retained its status as a stringent law, with provisions allowing for severe penalties such as life imprisonment or even death sentences.
- Changes Post-Article 370 Repeal: In 2019, with the abrogation of Article 370, significant legal reforms took place in Jammu and Kashmir. While some local laws were retained, others were replaced by Indian statutes. However, laws like the Enemy Agents Ordinance and the Public Safety Act continued to be enforced.
- Trial and Legal Procedures: Trials under the Enemy Agents Ordinance are presided over by specially appointed judges.
- The accused often face restrictions, including limited access to legal defense unless permitted by the court.
- Moreover, the ordinance prohibits disclosure of case details without government authorization, reinforcing its stringent nature.
- Historical Cases and Controversies
- The ordinance has been controversial, with numerous Kashmiris, including prominent figures like Maqbool Bhat, being tried and convicted under its provisions.
- The lack of appeal provisions and the finality of judicial decisions have sparked debates regarding human rights and legal transparency.
More Articles
Courses
Study
Notes
Home
Resources
More
