J&K govt invokes Article 311 for first time to release teacher accused of student rape

The Jammu and Kashmir government on Monday (September 21, 2026) invoked the provisions of Article 311 to terminate the service of a government school teacher accused of raping a 14-year-old girl in Kishtwar district of the Chenab Valley.

“After considering the facts and circumstances of the case and available records, the competent authority is satisfied that the action of the teacher warrants the imposition of heavy punishment,” the order said.

He stated that the competent authority considers it “unreasonably feasible” to conduct a ministerial investigation in the case and referred to Article 311 paragraph 2 letter b) of the Constitution, which allows the investigation to be waived under certain circumstances.

Since 2019, the J&K Lieutenant Governor has repeatedly invoked the special provisions of Article 311 to terminate the services of more than 80 employees without any inquiry by the department because they were allegedly involved in militancy or separatism-related cases. However, this is the first time that the elected J&K government has used Article 311(2)(b) to dismiss an employee.

“Children’s safety is paramount”

A J&K government order states that the services of the accused, teacher Khalid Hussain, are terminated with immediate effect in connection with the POCSO case against him. There are allegations that the teacher was involved in the rape of a 14-year-old student “over a period of several months”. The victim died on August 20 during a “forced abortion procedure”, sparking widespread protests in J&K, especially in the Chenab Valley.

The order also disqualified the dismissed teacher from any future employment in the civil service in J&K. The accused was suspended in August and has remained in judicial custody since then. He faces charges under Sections 61(2), 65(1), 90, 91 and 92 of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 and Sections 4, 6, 8, 10 and 17 of the Protection of Children from Sexual Offenses Act (POCSO2), 2012.

“The safety of our children is paramount. Schools are institutions of trust and anyone who violates that trust will face the strictest action permissible under the law. As promised by the Chief Minister, the government has taken decisive action in the horrific Kishtwar case involving a minor girl,” Education Minister Sakina Itoo said in a post on X.

She said the release reflected the government’s “commitment to ensuring the safety, dignity and future of every child”. She added: “Every child deserves a safe school and a safe environment to learn and grow. No compromises. No exceptions.”

Published – 21 Sep 2026 22:27 IST