J-K becomes first state to have law banning sexual exploitation of women

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’.

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

The law bans sexual exploitation of women by those in positions of authority, having a fiduciary relationship or a public servant. (HT File Photo)

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 of ‘sextortion’ (the practice of extorting money or sexual favours 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 ‘sextortion’ at par with similar offences prescribed under the RPC,” said a statement issued by the governor’s house.

The court had directed the state to examine the concept of ‘Sextortion; 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”, prominent lawyer Ankur Sharma said, “we did have laws under RPC on sexual exploitation but in offences category, they have incorporated sexual exploitation at the workplace under the prevention of corruption act. To further simplify, in case of such an exploitation of a woman at the workplace 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 Protection of Children from Sexual Offences Act (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 already there,” she added.