Jammu and Kashmir 1st state to have law banning 'sextortion'

Jammu and Kashmir became the first state in the country to have a law explicitly banning sexual exploitation of women by those in authority, having a fiduciary relationship, or a public servant.

The State Administrative Council (SAC), which met in Jammu under the chairmanship of Governor Satya Pal Malik, approved the 'Prevention of Corruption (Amendment) Bill, 2018, and the Jammu and Kashmir Criminal Laws (Amendment) Bill, 2018'.

The Bill seeks to amend the Ranbir Penal Code whereby specific offence under section 354 E is being inserted to provide for the offence of 'sextortion'.

"Amendments are being made to section 154, 161 of Schedule of Criminal Procedure Code and section 53 A of the Evidence Act so as to bring sextortion at par with similar offences prescribed under Ranbir Penal Code. Amendment is being made to Prevention of Corruption Act to amend the definition of misconduct and to provide that demand for sexual favors would also constitute misconduct within the meaning of section 5," said an official spokesman.

Under the special status enshrined tot he state in the Constitution under Article 370, Jammu and Kashmir has a separate flag, constitution, and penal code. Unlike the rest of the nation, which is governed by the Indian Penal Code to deal with criminal offences, J&K is guided by the Ranbir Penal Code.

Women groups have welcomed the move and demanded implementation of the law in letter and spirit.

"It is a good to have a law. It is a good step. The government should take it seriously. There should be proper implementation as well. I had even spoken to the deputy commissioner about a women's cell. But nothing has been done in that direction. We see many cases of exploitation at work place where women are not able to express her ordeal," said Abida Hassan War, President, J&K State Employees Working Women Association (SEWWA).

PUNISHABLE BY LAW

A Bill seeking to amend the Ranbir Penal Code has been approved, whereby specific offence under section 354 E is being inserted to provide for the offence of ‘sextortion’.