J&K brings law against exploitation of women by those in authority, govt

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

The State Administrative Council (SAC) headed by 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 state Ranbir Penal Code (RPC)—A criminal code applicable in Jammu and Kashmir— whereby specific offence under Section 354E is being inserted to provide for the offence where money is extorted from someone by threatening to reveal evidence of their sexual activity. “Amendments are being made in Sections 154, 161 and Schedule of Criminal Procedure Code and Section 53A of the Evidence Act so as to bring sexual extortion at par with similar offences prescribed under the RPC,” said a statement issued by the governor’s house.

The amendment came after an order was passed by Chief Justice Geeta Mittal and Justice Alok Aradhe on October 15.

The court had directed to examine the crime; in the context of applicable laws. “So that illegal acts, unwarranted demands for sexual favours and inappropriate contacts by the person in authority are made punishable.”

Calling it a “significant development”, lawyer Ankur Sharma said, “We did have laws under RPC on sexual exploitation but in offences category they have incorporated sexual exploitation at work place under prevention of corruption act. To further simplify, in case of such an exploitation of a woman at work place by superiors, the case under 354 RPC will also attract provisions of ‘Prevention of Corruption Act.”

However, Deepika Singh Rajawat, lawyer and human rights activist, said that instead of having more laws on sexual exploitation, the need was to effectively implement existing ones. “We have POCSO, sexual harassment at workplace and then various provisions of RPC. My only submission is that we implement the laws already in hands. Let us have a mechanism to get the law implemented, which is there.”