Srinagar, Sep 29: Chief Minister Omar Abdullah on Tuesday defended the Jammu and Kashmir government’s decriminalisation bill, saying its objective was not to make the Union Territory “lawless” but to ensure that minor offences do not result in criminal cases and records.
“We have absolutely no intention through this bill of making Jammu and Kashmir lawless, or decriminalising everything,” Omar told the Assembly while moving the Jammu and Kashmir State Laws (Decriminalisation of Offences) Bill, 2026, for passage.
Responding to concerns raised by MLA Waheed Para that contractors could use substandard material in the construction of schools, hospitals and bridges because criminal provisions would no longer apply, Omar said such an interpretation was not supported by the bill.
“I started looking for where we have decriminalised the use of substandard material. If the honourable MLA tells me, because perhaps I made a mistake in reading it, I will remove it,” he said.
Omar said the provisions proposed for decriminalisation primarily concerned minor and outdated offences, citing examples such as the use of steam whistles in vehicles and regulations concerning elephants, bears and camels.
“Steam whistle — this perhaps must be from the time of the British,” he said, questioning the relevance of retaining such provisions as criminal offences.
He also referred to provisions concerning the putting up of posters and banners and the disposal of dead animals, saying such matters could be dealt with through financial penalties rather than criminal proceedings.
“We are not even reducing the fines. Either the fine remains where it is or we are increasing it,” Omar said.
He said the purpose was to prevent people, particularly young people, from acquiring criminal records over minor violations.
“Suppose a young person, even by mistake, puts up a poster somewhere. You register an FIR against him under a criminal act, and then that FIR follows him for years,” Omar said.
He pointed out that such records could create difficulties when a person later applied for a passport or government employment.
“The intention behind this is that an FIR should not be registered for minor things; they should be dealt with only through a fine and there should be no criminal record,” he said.
Omar also argued that removing such minor matters from the initial criminal court process would help reduce the burden on courts in Jammu and Kashmir.
“Our courts are under a lot of pressure, whether subordinate courts or higher courts,” he said, adding that practising lawyers were aware of the burden on the judiciary.
Under the proposed system, he said, an adjudicating officer and a verifying officer would deal with such matters, with an appellate authority available to review penalties.
“That appellate authority can review the fine, whether the fine was correctly imposed or not,” Omar said, stressing that access to courts would not be taken away.
“No one is closing the doors of any court,” he said. “But at least in the initial process, if this is kept outside the purview of the courts, the pressure on the courts will be reduced.”
Responding to questions from MLA Pathania over whether the provisions had been examined carefully, Omar said the government had undertaken a detailed exercise before bringing the legislation.
“Absolutely, sir, this bill has been brought after a detailed exercise and discussion,” he said.
Omar appealed to the House to support the legislation, saying the changes were intended to improve governance in Jammu and Kashmir.
“I hope these changes we are bringing are for the betterment of Jammu and Kashmir,” he said. “If we reduce criminalisation here and trust our people more, I think that will be better for Jammu and Kashmir and will prove to be better.”
He subsequently moved the motion for passage of the bill, following which the motion was put before the House.
