Rise in instances of women victimization by persons in authority
SAC approval to draft amendments anytime after Dec 5
Mohinder Verma
JAMMU, Nov 29: Concerned over rise in occurrences and instances of women being victimised by the persons in authority or in fiduciary relationship, the Governor’s Administration has decided to amend Prevention of Corruption Act, Ranbir Penal Code, Code of Criminal Procedure and Evidence Act in order to tighten noose around those indulging in sextortion.
Official sources told EXCELSIOR that while the instances of women being victimised by the persons in authority are on the rise in the State, the prevalent legislative provisions have been found deficient to curb this menace.
“Therefore, the Governor’s Administration has felt the need to introduce such provisions in the relevant laws which would prevent such instances and deter the persons in authority to abuse their authority, influence or position to obtain sexual favours from the weaker sex”, they said.
On the directions of the Governor Satya Pal Malik and the Chief Secretary B V R Subrahmanyam, the Department of Law, Justice and Parliamentary Affairs has prepared a draft Criminal Laws (Amendment) Bill, 2018 aiming to amend the provisions of Ranbir Penal Code, Criminal Procedure Code and Evidence Act.
Similarly, draft Prevention of Corruption (Amendment) Bill has been prepared to include acts of demanding and requesting sexual favours by public servants within the ambit of term ‘Misconduct’ under Section 5 of the Prevention of Corruption Act, 2006.
As a part of the pre-legislative consultation policy, draft J&K Criminal Laws (Amendment) Bill and J&K Prevention of Corruption (Amendment) Bill have been placed in the public domain for inviting comments and suggestions from the Government departments, institutions, Bar Associations, stakeholders, general public and other entities by or before December 5, 2018.
“Thereafter, these draft bills will be placed before the State Administrative Council for its approval following which Governor will enact the Amendment Acts in exercise of the powers vested under Proclamation No. P-1/18 dated June 20, 2018″, sources said while disclosing that State Administrative Council (SAC) approval to the draft bills is likely anytime after December 5.
By way of amendment in Section 5 of the Prevention of Corruption Act, the Government is going to insert words ‘pecuniary advantage or sexual favours” instead of words “pecuniary advantage” presently mentioned in Sub-Section 1 of Section 5.
Likewise, by way of amendment in Ranbir Penal Code, the Government is going to make addition of new provision—Section 354-E Sextortion, which means that any person being 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 favours from any woman in exchange of some benefits or favours that such person is empowered to grant or withhold shall be guilty of offence of Sextortion.
Sexual favour under Section 354E would mean and include any kind of unwanted sexual activity ranging from sexually suggestive conduct, sexual explicit actions such as touching, exposure of private body parts to sexual intercourse including exposure over the electronic mode of communication, sources said while disclosing that it shall be no defence that the sexual benefit was derived with the consent of the victim.
“Under amended Ranbir Penal Code any person who commits the offence of Sextortion shall be punished with rigorous imprisonment for a term which shall not be less than three years but may extend to five years and with fine”, sources informed.
They further informed that by way of amendment in Schedule II of the Code of Criminal Procedure, Section 354E will be inserted to deal with offence of Sextortion. “The amendments in Section 53-A of the Evidence Act are necessitated due to proposed amendment in the Ranbir Penal Code and Code of Criminal Procedure”, sources said.
“It is believed that with the amendments in Prevention of Corruption Act, Ranbir Penal Code, Code of Criminal Procedure and Evidence Act the menace of victimization of women by the persons in authority would be checked up to large extent”, sources further said.
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