J&K government invokes Article 311 provisions for the first time, to fire teacher accused of raping student
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The Jammu and Kashmir government on Monday (September 21, 2026) invoked provisions of Article 311 to terminate the service of a government school teacher accused of raping a 14-year-old girl in the Chenab Valley’s Kishtwar district.
“After considering the facts and circumstances of the case and the material available on record, the competent authority was satisfied that the activities of the teacher warranted imposition of a major penalty,” reads the order.
It said the competent authority considered it “not reasonably practicable” to hold a departmental inquiry in the case and invoked Article 311(2)(b) of the Constitution, which permits dispensing with an inquiry in specified circumstances.
Since 2019, the J&K Lieutenant Governor has repeatedly invoked the special provisions of Article 311 to terminate the services of over 80 employees without any departmental inquiry, because they were allegedly involved in militancy or separatism-related cases. However, this is the first time that J&K’s elected government has invoked Article 311(2)(b) to fire an employee.
The J&K government’s order said the services of the accused, Khalid Hussain, a teacher, 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 several months”. The victim died on August 20 during “a forced abortion procedure”, sparking wide spread protests in J&K, especially in the Chenab Valley.
The order also disqualified the terminated teacher from any future employment in government service in J&K. The accused was suspended in August and remains in judicial custody since then. He faces charges under Sections 61(2), 65(1), 90, 91, and 92 of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 4, 6, 8, 10, and 17 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
“The safety of our children is paramount. Schools are institutions of trust, and anyone who violates that trust will face the strongest action permissible under law. As committed by the Chief Minister, the Government has taken decisive action in the horrific Kishtwar case involving a minor girl,” said Education Minister Sakina Itoo, in a post on X.
She said the dismissal reflected “the government’s commitment to the safety, dignity and future of every child.” She added: “Every child deserves a safe school and a secure environment to learn and grow. No compromise. No exceptions.”
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