SRINAGAR: The High Court of Jammu and Kashmir and Ladakh on Monday issued regulations governing the live broadcasting and recording of proceedings in courts and tribunals in the Union Territories of Jammu and Kashmir and Ladakh.
The High Court Registrar General, Shahzad Azeem, released the rules on Monday under the title “Live Streaming and Recording of Court Sessions Rules of the High Court of Jammu & Kashmir and Ladakh, 2023.”
Per rule 5, it is strictly forbidden to record proceedings on audio, video, or by any other method than what is required by the regulations.
The laws further state that live streaming is prohibited during court procedures involving marriage, gender-based violence against women, sexual offenses, and instances covered by the Protection of Children from Sexual Offenses Act (POCSO Act).
Also, cases that the bench believes may incite animosity among communities and perhaps lead to a breakdown of law and order will not be streamed live.
Furthermore, cases that the bench believes may incite animosity among communities and perhaps lead to a breakdown of law and order will not be streamed live.
Moreover, live streaming will not be available for any other matters in which the Chief Justice or the bench has given a special directive.
Any individual or organization is prohibited under Rule 9 from recording, distributing, or transmitting live-streamed proceedings or archival data through print, electronic, or social media.
It further states that any unauthorized usage of the live stream will be punishable as an offense under the Indian Copyright Act of 1957, the Information Technology Act of 2000, and other provisions of law including the law of contempt of court.
Without the prior written consent of the Court, the live stream cannot be reproduced, copied, transferred, uploaded, posted, edited, published, or reprinted in any way.
As per the Rules, court proceedings in matrimonial matters, cases concerning gender-based violence against women, cases concerning sexual offences and cases under the POCSO Act would stand excluded from live streaming.
SRINAGAR: The High Court of Jammu & Kashmir and Ladakh directed the authorities to proceed with the termination of a 18-20-week pregnancy of an alleged minor rape victim after having a fresh examination of the victim and after father of a minor gives “extra high risk consent.”
The victim’s father had approached the court seeking termination of pregnancy of the minor. In the rape case, an FIR was registered at a police station in north Kashmir on February 14.
According to report published by LiveLaw.in, Justice Javed Iqbal Wani on February 17 had directed a Medical Board of LD Hospital in Srinagar to ascertain as to whether the termination of pregnancy is advisable or not.
Mohsin Qadiri, Sr. Additional Advocate General on Tuesday submitted a report addressed by the Head of Department, Gynaecology and Obstetrics, Government Medical College, Srinagar, to the Medical Superintendent, Government LD Hospital, Srinagar stating that the patient has a 19 weeks of pregnancy and runs a very high risk for MTP as it is a case of teenage pregnancy.
The report further said that MTP could be undertaken subject to the “extra high risk consent given by guardians/parents.” In court, the father of the victim volunteered and agreed to extend the consent as solicited by the medical board.
The court directed the authorities to proceed with the case of termination of pregnancy of the minor victim by the experts in the field after having a fresh examination of the victim.
“In the event a final call is taken by the experts for termination of pregnancy of the minor victim, necessary measures shall also be taken in association with respondents 3 and 4 for the preservation of the DNA sample of the fetus. It is further directed that in case the process of termination of pregnancy is undertaken, the minor victim be provided all necessary medical facilities free of cost by the respondent 2,” LiveLaw.in quoted the court as having said.
SRINAGAR: Lieutenant Governor Manoj Sinha administered Oath of Office to Justice Nongmeikapam Kotiswar Singh as Chief Justice of the Chief Justice of the High Court of Jammu & Kashmir and Ladakh at an impressive Oath Ceremony held at Convention Centre in Jammu on Wednesday.
Justice Nongmeikapam Kotiswar Singh sworn in as the Chief Justice of the High Court of JK and Ladakh
An official handout reads that at a ceremony held today in the Convention Centre, Justice Nongmeikapam Kotiswar Singh was sworn in as the Chief Justice of the High Court of Jammu & Kashmir and Ladakh.
He took and subscribed to the oath of office before the Lieutenant Governor, UT of J&K, Manoj Sinha.
After administering Oath Lt Governor congratulated Justice Nongmeikapam Kotiswar Singh and wished him a highly successful tenure as Chief Justice of the High Court of Jammu & Kashmir and Ladakh.
In January 2022, the result of seven district judges’ posts was declared. None of the 217 appearing candidates from Jammu and Kashmir was able to qualify for the examination.
High Court of Jammu and Kashmir
In early 2022, the Supreme Court expressed concerns over the retrogressing quality of legal education in the country. The court observed that the problem starts at law schools only. The comment by the Apex court on the quality of legal education must be seriously considered.
People from different quarters of the legal fraternity from time to time have been flagging concerns over the deteriorating quality of legal education in India. In order to address the issue and improve the quality of legal education in India, the Bar Council of India envisaged a “model law school with university status to act as a pace-setter for legal education reforms.”
In line with the second-generation legal education reform proposed by the Indian Bar Council, various state governments replicated the idea, thereby paving the way for the establishment of a total of 23 such universities so far.
While the quality of legal education is constantly deteriorating in Jammu and Kashmir, the issue can be well addressed by the establishment of a National Law University (NLU), as envisaged by the Bar Council of India.
The proposal for the establishment of the National Law University in Jammu and Kashmir traces its origin to the resolution moved by the All India Law Ministers Conference in 1995. It was unanimously resolved to set up a law school in each state modelled on the National Law School University for raising the standard of professional legal education across the country.
In 2018, Jammu and Kashmir’s law students were thrilled, when the then BJPDP coalition government passed the Jammu and Kashmir National Law University Bill in the assembly. After the act was passed, the piece of legislation needed the governor’s nod. The then governor N N Vohra raised certain questions over the proposal, which stopped the process.
However, on October 1 2019, Governor Satya Pal Malik gave assent to the bill for the establishment of a National Law University in Jammu and Kashmir.
Soon after the bifurcation of the erstwhile State into two Union Territories, after some amendments in Jammu and Kashmir National Law University Act, the Union Ministry of Home Affairs formally adopted the Act. There has been an interlude of nearly two and half years since the Act was formally adopted by the Ministry of Home Affairs. But though approved two and half years back in 2019, there has been no headway on setting up of the University.
After three decades of establishing the first National Law School in Bangalore, we currently have 23 such NLUs spread across the country. Maharashtra has three National Law Universities. Similarly, Madhya Pradesh has two NLUs, of which the recent one is at Jabalpur. The state of Uttar Pradesh is set to establish its second National Law University in Prayagraj. Many NLUs are in the pipeline in various states like Tripura, Uttarakhand and Sikkim.
Regrettably, Jammu and Kashmir despite being the 12th largest among the 37 State/UT in terms of geographical area and 19th in terms of population with more than 14 million people are yet to have its own National Law University.
Presently, Jammu and Kashmir has a total of three government Universities and seven private law colleges which offer law courses like LLB and BA-.LLB. Government universities include the University of Kashmir, the University of Jammu, Central University of Kashmir. Private law colleges include Kashmir law college, Vitasta School of Law and Humanities, Kashmir Creative Education Foundation (KCEF) Law College, Sopore Law college in Kashmir division and KC Law College, Dogra Law College and Ashoka Law College in Jammu division.
But the aforementioned government universities and private law colleges are incomparable with the National Law Universities in terms of quality of education, admission criteria, curriculum, examination, and the qualifications of the faculty members.
Starting from low placement records to lack of infrastructure, law schools in Jammu and Kashmir, are today grappling with a series of problems. They are not student-friendly. They don’t have student bodies which could represent the academic interests of students and properly put the grievances and demands of students before the administration.
The government universities and private law colleges here are more focused on teaching theory and hardly give any training for mooting, debating etc. Their pedagogy and teaching methods are antiquated. Here in most colleges internship is still unheard of concept.
In these law schools, the classic examination pattern is used where students’ grades are based on their ability to memorise a few topics rather than their analytical and practical abilities. Students memorise the laws but are left confused by their application to our daily lives.
In fact, legal education in private colleges of Jammu and Kashmir has now developed as a potential business activity for law institutions, where legal education rules go for a toss repeatedly. These collages are still accustomed to the traditional style of lecturing in a classroom. As a result, the students studying in these colleges not only lack adequate knowledge of the subject but also lack the requisite skills to adequately practise in the courts.
Ummar Jamal
In January 2022, the result of seven district judges’ posts was declared. None of the 217 appearing candidates from Jammu and Kashmir was able to qualify for the examination.
Legal education is one of the most important fields for the country’s development and preservation of democracy and the rule of law. With such serious observation by the SC and declining standards of legal education, the Jammu and Kashmir government must acknowledge this demand and set up an NLU, where every bright mind from the various socio-economic class of society could make a career in law.
(Author is a Law student at Kashmir University. The opinions expressed in this article are those of the author and do not purport to reflect the opinions or views of TheNewsCaravan.)
JAMMU: Under the effervescent patronage and guidance of Acting Chief Justice, High Court of Jammu & Kashmir and Ladakh, Tashi Rabstan, the High Court today rolled out an initiative of taking up the Judicial matters of UT of Ladakh through virtual mode by allowing the parties and lawyers to appear and plead their cases from Ladakh itself.
In its first kind of initiative, the Court of Justice Tashi Rabstan today heard the matters of UT of Ladakh virtually, in which the lawyers and government representatives who were petitioners and the respondents in the listed cases appeared on virtual mode from Leh and pleaded their cases.
As many as, six (6) matters of the UT of Ladakh were listed today before the Bench, in which the virtual proceedings were conducted.
In the today’s era of technology, conducting the proceedings of a case virtually by connecting different locations on one platform is going to be a big boon in the judicial dispensation. Rolling out such a facility for the people of Ladakh by the High Court is aimed at easing out the sufferings of the litigants and the lawyers who earlier had to physically travel to Jammu and Srinagar for appearing in their respective matters. This will save time besides being financially viable for both parties of the case.
“In future, hearing of the matters of Ladakh willl be done virtually by allowing the parties to appear and plead their cases from the UT itself and it will be a regular feature”, stated Anoop Kumar Sharma, Registrar Computers (IT), High Court of J&K and Ladakh.
JAMMU: Under the effervescent patronage and guidance of Acting Chief Justice, High Court of Jammu & Kashmir and Ladakh, Tashi Rabstan, the High Court today rolled out an initiative of taking up the Judicial matters of UT of Ladakh through virtual mode by allowing the parties and lawyers to appear and plead their cases from Ladakh itself.
In its first kind of initiative, the Court of Justice Tashi Rabstan today heard the matters of UT of Ladakh virtually, in which the lawyers and government representatives who were petitioners and the respondents in the listed cases appeared on virtual mode from Leh and pleaded their cases.
As many as, six (6) matters of the UT of Ladakh were listed today before the Bench, in which the virtual proceedings were conducted.
In the today’s era of technology, conducting the proceedings of a case virtually by connecting different locations on one platform is going to be a big boon in the judicial dispensation. Rolling out such a facility for the people of Ladakh by the High Court is aimed at easing out the sufferings of the litigants and the lawyers who earlier had to physically travel to Jammu and Srinagar for appearing in their respective matters. This will save time besides being financially viable for both parties of the case.
“In future, hearing of the matters of Ladakh willl be done virtually by allowing the parties to appear and plead their cases from the UT itself and it will be a regular feature”, stated Anoop Kumar Sharma, Registrar Computers (IT), High Court of J&K and Ladakh.
