J&K law to stop ‘sextortion’ of women-First State to enact legislation to prevent persons in power from exploiting subordinates sexually
- Governor Satya Pal Malik’s administration in Jammu & Kashmir approved an amendment to the Ranbir Penal Code (RPC), to insert a section to provide for the offence of “sextortion.”
- Under Section 354E of the RPC, the new law explicitly bans sexual exploitation of women by those in positions of authority, having a fiduciary relationship, or a public servant, reads the order issued by Governor Malik-headed State Administration Council (SAC).
- J&K has become the first State in the country to bring a law to prevent people in power from exploiting subordinates sexually.
- Mr. Malik approved the Prevention of Corruption (Amendment) Bill, 2018, and the Jammu and Kashmir Criminal Laws (Amendment) Bill, 2018, to incorporate the new Section.
Ambit of Sec 5
- Terming the offence as “Sextortion”, the amendments will “bring sextortion at par with similar offences prescribed under the Ranbir Penal Code and amendment is being made in the Prevention of Corruption Act to amend the definition of misconduct and to provide that demand for sexual favours would also constitute misconduct within the meaning of Section 5.”
- The Governor’s administration started a process for the Draft Prevention of Corruption (Amendment) Bill, 2018, to include the acts of demanding and requesting sexual favours by public servants within the ambit of the term ‘Misconduct’ under Section 5 of the Prevention of Corruption Act, 2006.
- Besides, the State Administrative Council (SAC) also approved introduction of the use of video conferencing “as an admissible method for presence of accused in criminal trials ensuring speedy trial and remand which also reduces the requirement of security for taking accused from jail to courts.
‘Existing laws deficient’
- An official said the J&K government decided to reinforce the legal framework to curb instances of women being victimised by the persons in authority or in fiduciary relationships where the existing legislative provisions have been found deficient to curb this menace.
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