#Facts 18 Major Welfare Acts extended to Jammu Kashmir and its benefits
   09-Aug-2019

 
 
 
 
Complete Constitution of India has been extended to Jammu Kashmir. Here are 18 Major acts and its benfits people deserved long time ago:
 
 

S. No.

Name of the Act  

 

Benefit

1.

Aadhar (Targeted Delivery and Services) Act, 2016

It will help in the good governance, efficient, transparent, and targeted delivery of subsidies, benefits and services, the expenditure for which is incurred from the Consolidated Fund of India, to individuals residing in India through assigning of unique identity numbers to such individuals and for matters

 

2.

Commission for Protection of Child's Rights Act, 2006

It will help in the recognition of the several rights guaranteed to a child under the United Nations Convention on the Rights of the Child right from the time of his birth.

 

3.

The Consumer Protection Act, 1986.

The Act will provide an effective remedy against the seller or service provided for any deficiency in goods delivered or services provided by the service provider.

 
 

4.

The Employment of Manual Scavengers Construction of Dry Latrines (Prohibition)

Act, 1993.

It was an Act to provide for the prohibition of employment of manual scavengers as well as construction or continuance of dry latrines and for the regulation of construction and maintenance of water-seal latrines. However, despite the directions of the Supreme Court, the Act was never implemented in the State resulting in infringement of Article 14, 17 and 21 of individual belonging to the community of manual scavengers. With its implementation in the State, individuals who engage or employ individuals for manually carrying human excreta will now be punishable by the State Government.

 
 

5.

The National Commission for Minorities Act, 1992.

The Act will help in safeguarding and in the effective implementation of safeguards for the protection of the interests of minorities.

 
 

6.

The National Commission for Minority Educational Institutes Act, 2005.

The Act lays down several rights available a minority educations institutions under Article 30 of the Constitution of India.

 
 

7.

The National Commission for Safaikaramcharis Act, 1993.

With its implementation in the State, the National Commission would be able to recommend to the Central Government specific programmes of action towards elimination of inequalities in status, facilities and opportunities for Safai Karamcharis in the State under a time-bound action Plan.

 
 

8.

The National Commission for Women Act, 1990

With the implementation of the Act in the State, NCW would be empowered to investigate and look into matters pertaining to deprivation of women’s rights, non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development and non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women

 
 

9.

National Security Act, 1980

With the State facing the widespread problem of cross border terrorism, the extension of the Act to the State was extremely necessary as it empowers the Central Government and State Government to detain a person with a view to preventing him from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of Public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community.

 
 

10.

The Prevention of Corruption Act, 1988

The implementation of the Act in the State will deter public servant from engaging in acts of corruption in the official discharge of their duties — this paving way for better governance and implementation of policies for the benefit of the general public.

 
 

11.

The Prohibition of Child Marriage Act, 2007.

With no parallel legislation prohibiting the solemnization of child marriages in the State, extension of the Act would go a long way in the empowerment of girls and boys who are otherwise forced into marriage at the behest of their parents and relatives without their consent.

 
 

12.

The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

The Act provides stringent punishment of five years for employment of manual scavengers and prohibits the manual cleaning of sewers and septic tanks without protective equipment, and the construction of insanitary latrines.

 
 

13.

The Protection of Children From Sexual Offences Act, 2012.

The Act which provides for death penalty in offences pertaining to child abuse will serve as a great deterrent against such immoral and heinous acts.

 
 

14.

The Protection of Human Rights Act, 1994.

Despite 26 years since the enactment of the Protection of the Human Rights Act 1993, its full implementation in Jammu and Kashmir remained a pipedream. A law enacted to promote and ensure implementation of human rights under the Indian Constitution, International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, Act now applies with full force in the State. Even the former Chief Justice of India, Justice KG Balakrishnan while serving as the Chairman of National Human Rights Commission had emphasized the need for implementing the Act to the State of Jammu and Kashmir in its entirety.

 
 

15.

The Right of Children to Free and Compulsory Education Act, 2009.

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine. With it implementation in the State, it means that every child in the State will now have the right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

 
 

16.

The Right to Information Act, 2005.

The position of members of the State Information Commission serving under the J&K Right to Information Act had remained vacant several times —jeopardizing the functioning of the SIC and increasing pendency of application before the SIC. However, with the extension of Right to Information Act, 2005 to the State, it can be said with a certain degree of optimism that the situation would now improve and transparency in public institutions would increase.

 
 

17.

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forests Rights) Act, 2007.

Several recognized rights of the forest dwelling Scheduled Tribes and other traditional forest dwellers include the responsibilities and authority for sustainable use, conservation of biodiversity and maintenance of ecological balance and thereby strengthening the conservation regime of the forests while ensuring livelihood and food security of the forest dwelling Scheduled Tribes and other traditional forest dwellers. However, these rights could not be adequately recognized during the colonial period as well as in independent India causing great historical injustices to these people. With the extension of Part X of the Constitution dealing with administration of Scheduled and Tribal Areas, it was quite natural that the Act should have been extended to the State.

 
 

18.

The Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted by the Parliament to give effect to Article 46 of the Constitution which makes it imperative for the State to protect Scheduled Castes and the Scheduled Tribes from social injustices and exploitation. Surprisingly, the law is not applicable to Jammu and Kashmir even though the combined population of Scheduled Castes and the Scheduled Tribes in the State is close to 18 lacs.

In the recent past, many communities demanded that the Act should be extended to the State. However, such demands fell on deaf ears. This showed the apathy of the successive State Governments in Jammu and Kashmir who had turned a blind eye to the plight of Scheduled Castes and Scheduled Tribes.

With its implementation in the State of Jammu and Kashmir, full recognition would be given to the constitutional ideal of protecting these classes from social injustice and all forms of exploitation under Article 46 of the Constitution.