Jammu and Kashmir: First Indian state to ban ‘sextortion’

KASHMIR: NP NEWS 24 ONLINE-  Jammu and Kashmir have now become the first state in India to ban ‘sextortion’ by introducing amendments to the Jammu and Kashmir and Kashmir Criminal Law Bill and the prevention of Corruption Bill of 2018.

Barely after a month of #Metoo movement, that gained momentum in the country, Jammu and Kashmir has become the first state in the country to enforce a law banning sexual exploitation of women by those in positions in power or having a fiduciary relationship or a public servant the move is being hailed as India’s first law of banning.

The State Administrative Council, which is led by the governor of the state, Satya Pal Malik approved the two bills. At the current moment, political condition of Jammu and Kashmir is quite chaotic. Recently the Governor dissolved the assembly and gave the decision.

But the question is why is there an amendment in the corruption bill? According to the governor, sextortion is a form of corruption, where in corruption someone asks for money for fulfilling a favour, here someone asks for sexual favours from women.

Sextortion is a specific offence inserted in the Ranbir Penal Code under the section 154 and 161 and a schedule of crime procedure code in section 53a of the evidence act, whereby specific offence under section 354E is being inserted to provide for the offence of ‘Sextortion.’

The amendment bill also states, the armed forces won’t fall in the purview of the amended laws due to their immunity under the Armed Forces Special Power Act (AFSPA).

But with AFSPA in place, lawyers and activist doubt effectiveness of the amended law. An advocate at J&K High Court said sanction for prosecution of a public servant is only needed when a crime is committed while discharging official duties, adding committing rape or asking for sexual favours from a woman can never be part of a public servant’s duty.