Rise in instances of women victimization

14/12/2018

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. 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. 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. 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 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. 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.

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