Rape Victim Moves HC for Examination

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Jammu: Justice Bansi Lal Bhat of J&K High Court (Jammu Wing), in a significant order, has directed Commissioner/Secretary Education Department and Secretary J&K State Board of School Education to take a final decision within a period of two weeks on a representation dated February, 14, 2015 made by Association for Social Health in India (J&K State Branch) regarding the plight of a gang rape victim to appear in the middle standard examination as a special case.

Justice Bansi Lal Bhat also directed the state functionaries to file a compliance report in this regard with the Registrar Judicial of the High Court within a period of two weeks from today.

Looking into the urgency involved, Justice Bansi Lal Bhat directed that a copy of today’s order be furnished to both the sides under the seal and signature of Bench Secretary.

These directions of wide public importance were passed today in a petition filed by Association for Social Health in India (J&K State Branch) seeking directions to the Secretary Education and Secretary BOSE to allow a victim of gang rape (identity withheld) to appear in middle standard examination as a special case.

After hearing Advocate Sheikh Shakeel Ahmed with Advocates Irfaan Mohammaad Khan and Suraj Singh appearing for the petitioner and AAG Ravinder Gupta, Justice Bansi Lal Bhat disposed of the writ petition with a direction to the Secretary Education and Secretary BOSE to take a final call in the matter within two weeks from today.

Advocate S.S. Ahmed submitted that petitioner-Association is running a short stay home namely Neha Ghar at Kachi Chawni Jammu for women in distress and a victim of gang rape came to be lodged in Neha Ghar on July, 9, 2011 on the directions of Learned Judicial Magistrate 1st Class (Sub-Judge) Jammu. He further submitted that an embargo was made by the Court in the said order that the Incharge Neha Ghar will ensure that nobody should be allowed to meet her without prior permission from the court.

Advocate Ahmed submitted that for the last more than four years the victim is being provided education in Neha Ghar by arranging tuitions but in view of the aforementioned stipulation the victim could not be admitted in the nearby Govt. Girls High School Kachi Chawni Jammu. He further submitted that the age of the victim is almost 16 years and she is eligible to sit in middle standard examination and in this regard the petitioner Association made a detailed representation to the Secretary School Education Department on February, 14, 2015 to pass appropriate orders on the plight of the victim so that as a special case she can appear in the middle standard examination but the Secretary Education preferred not to pass any order on the said representation.

Justice Bansi Lal Bhat after appreciating the cause projected in the petition particularly the zeal of the victim to appear in the examination disposed of the petition by issuing a time bound direction of two weeks to the Commissioner/Secretary School Education Department and Secretary Board of School Education to take a decision on the representation of the petitioner Association and also to file a compliance report in this regard before the Registrar Judicial of the Court.  

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