Imprisonment clauses to be replaced with enhanced monetary penalties
Nishikant Khajuria
JAMMU, Feb 4: In the J&K Legislative Assembly, Chief Minister Omar Abdullah today tabled two amendment Bills aimed at improving ease of living, ease of doing business, and ending discriminatory provisions against persons affected by leprosy.
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The Bill, titled “Jammu and Kashmir Jan Vishwas (Amendment of Provisions) Act, 2026”, amends certain enactments of the J&K Union Territory for decriminalization and rationalizing offences to further enhance trust-based governance for ease of living and doing business, while the other Bill, titled “Jammu and Kashmir Eliminating Discrimination Against Persons Affected by Leprosy Act , 2026” , removes discriminatory references to leprosy from various State laws that disqualify the affected persons from holding public or institutional positions.
The proposed Jan Vishwas (Amendment of Provisions) Act, 2026, aligns J&K laws with the Centre’s Jan Vishwas Act, 2023, aimed at decriminalising minor offences and promoting trust-based governance besides seeking to replace the Ordinance promulgated by the Lieutenant Governor on December 16, 2025, which is due to lapse six weeks after the ongoing Assembly session.
Under the proposed amendments, imprisonment clauses in several laws have been removed and replaced with enhanced monetary penalties, thereby reducing criminalisation of procedural and minor violations. These changes are intended to further enhance trust-based governance for ease of living and improve the business climate under the Business Reform Action Plan (BRAP) being monitored by the Government of India.
Key amendments have been proposed in J&K Municipal Act, 2000; J&K Municipal Ombudsman Act, 2010; J&K Development Act, 1970; J&K State Town Planning Act, 1963 and J&K Non-Biodegradable Material (Management, Handling and Disposal) Act, 2007.
In J&K Municipal Act, 2000, imprisonment for certain violations has been proposed to be replaced with higher fines, including stricter penalties for sale of substandard food and illegal felling of trees within municipal limits. For the sale of sub-standard food or drinks, the amendment proposes a fine of Rs 50,000, which is maximum Rs 2,000 at present.
In J&K Municipal Ombudsman Act, 2010, penalty for filing mala fide complaints is being enhanced, replacing imprisonment with fine not less than Rs 50,000 and extended up to rupees one lakh.
In J&K Development Act, 1970, Jail terms for obstruction of authorised officials and contractual work is being replaced with graded financial penalties, while in the J&K State Town Planning Act, 1963, fines have been proposed to be enhanced to improve deterrence.
In Non-Biodegradable Material (Management, Handling and Disposal) Act, 2007, the Bill proposes hefty penalties for violations, doing away with imprisonment and introducing an adjudication mechanism with provision for appeal before the Administrative Secretary, Forest, Ecology and Environment Department.
In sub-section (1) of the Act, 2007, fine up to Rs 50,000 shall be substituted to maximum Rs 5 lakh and not less than Rs 5000 while in sub-section (2) of the Act, penalty for the second or subsequent offence has been proposed to be maximum Rs 10 lakh.
The Government states that the reforms are meant to foster compliance through civil penalties instead of criminal prosecution, in line with national policy on ease of doing business and ease of living.
The second Bill — the Jammu and Kashmir Eliminating Discrimination Against Persons Affected by Leprosy Bill, 2026, seeks to remove discriminatory references to leprosy from various State laws that disqualify persons from holding public or institutional positions.
The proposed amendments remove the words “contagious leprosy” from disqualification clauses in J&K Shri Amarnath Ji Shrine Act, 2000; J&K Shri Mata Vaishno Devi Shrine Act, 1988; J&K Shri Shiv Khori Shrine Act, 2008; J&K Shri Mata Sukrala Devi Ji and Shri Mata Bala Sundari Shrine Act, 2013.
Additionally, the Bill proposes repeal of the J&K Prevention of Beggary Act, 1960, which has already been struck down by the High Court of J&K and Ladakh in 2019 for criminalising begging and violating constitutional rights.
The move follows the Supreme Court’s May 7, 2025 judgment directing all States and Union Territories to identify and remove discriminatory references against persons affected by leprosy. A committee constituted by the J&K Government had recommended these amendments after reviewing existing laws.
The Government, in its Statement of Objects and Reasons, says that leprosy is now medically curable and patients become non-infectious after treatment, making such disqualifications outdated and unconstitutional. The amendments aim to uphold dignity, equality and non-discrimination under Articles 14, 15 and 21 of the Constitution.
Both the Bills are likely to be debated during the ongoing Assembly session and passed.
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