Jammu & Kashmir becomes the first state to frame law against “SEXTORTION”

The law bans Sexual favor of women by those in positions of public services

•  Jammu and Kashmir has become the first state in the country to have a law banning sexual exploitation of women by those in positions of authority, having a fiduciary relationship or a public servant.
• The law is to be framed by the government followed by approval of Governor Satya Pal Malik (who headed Jammu and Kashmir Administrative Council (SAC)) on Prevention of Corruption (Amendment) Bill, 2018, and the Jammu and Kashmir Criminal Laws (Amendment) Bill, 2018.
•  The Jammu and Kashmir Criminal Laws (Amendment) Bill, 2018 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 in section 154, 161 and 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.
• The amendment in requirement is being framed in the Prevention of Corruption Act to amend the definition of misconduct and provide that demand for sexual favors would also constitute misconduct within the meaning of section 5.

What is “SEXTORTION”?

“It is a form of corruption availed from the women or female subject in terms of sexual favor by means of Physical and Psychological sexual exploitation by the authorities in positions of public service during the women or female subjects are in need of service from these authorities”
In other words the people entrusted with power by the government or semi government or private organization use sexual favor (sextortion) from the needy female subjects in the form of corruption instead of monetary favor.

What is Ranbir Penal Code?

Jammu and Kashmir State Ranbir Penal Code or RPC the main criminal code applicable in the Indian state of Jammu and Kashmir. Indian Penal Code is not applicable here under Article 370 of the Constitution of India. It came into force in 1932. The code was introduced during the reign of Dogra dynasty with Ranbir Singh as its ruler.

Highlights of the Amendment Law

•  Any persons in a position of authority or in a fiduciary relationship, or a public servant who abuses such position or fiduciary relationship to employ physical or non-physical form of coercion to extort, request or demand sexual favors from any woman in exchange of some benefits or favors that such person is empowered to grant or withhold shall be guilty of offence of sextortion.
•  Any person committing the offence of sextortion shall be punished with rigorous imprisonment for a term not be less than three years, but may extend to five years and with fine. The offence is “non-bailable” and “not compoundable”.