Ranbir Penal Code Current Affairs - 2020

J&K Reorganisation Bill 2019 passed in Rajya Sabha

After passing a statutory resolution on scrapping special status to Jammu and Kashmir (J&K) by diluting Article 370, Rajya Sabha has now passed voting on J&K Reorganisation Bill 2019 which will effectively bifurcate state of Jammu and Kashmir into two Union Territories – Jammu and Kashmir with a legislature and Ladakh without legislature. A statutory resolution on Article 370 and J&K reorganisation bill were passed by Rajya Sabha and will be put to vote in Lok Sabha next.

Jammu and Kashmir will also become largest union territory (UT) in India in terms of area once it is carved out while Ladakh, will be 2nd largest UT after it comes to force.

J&K Reorganisation Bill 2019

Assembly Seats: Bill that seeks for division of Jammu and Kashmir will lead to an increase number of seats in newly-constituted Assembly from 107 to 114 out of which 24 seats would be deemed to be vacant till time Pakistan-Occupied Kashmir (PoK) comes under jurisdiction of Indian state.

State assembly currently has 111 seats, of which 46 are in Kashmir Valley, 37 in Jammu and remaining 4 are in Ladakh division. After passing of reorganisation bill in Parliament, Ladakh will be a Union territory to be administered by Centre.

Assembly Tenure: With abrogation of Article 370, tenure of J&K state Assembly will now be 5 years as in other parts of state which till now had a special status with a 6-year tenure.

SC/ST Reservation: New Assembly shall have reservation for Scheduled Caste (SC) and Schedule Tribes (ST) as in other parts of state.

Reorganisation of Constituencies: Constituencies will be re-organised through a de-limitation exercise under 2002 Act of Parliament. For purpose of delimitation, 2011 census figures will be taken as benchmark.

Unicameral Polity: Bill also seeks to scrap state’s legislative council to make J&K a unicameral polity. State will have a Chief Minister and a Lt Governor and all financial bills will need to cleared by Lt Governor.

What will Change after Scrapping of Article 370?

With abrogation of Article 370, Jammu and Kashmir will now have no separate flag or Constitution and tenure of state legislative assembly will be for a period of 5 years like any other state and 2 union territories in country.

Indian Penal Code (IPC) will replace Ranbir Penal Code (RPC) to deal with criminal matters and Article 356, under which President’s rule can be imposed in any state, will also be applicable in union territories (UTs) Jammu and Kashmir, and Ladakh with unprecedented decision of Centre.

With addition of two new UTs, total number of will go up to 9- J&K, Ladakh, Delhi, Puducherry, Diu and Daman, Dadra and Nagar Haveli, Chandigarh, Lakshadweep and Andaman and Nicobar Islands.

Jammu and Kashmir passes the law on Sexual Exploitation

The state assembly of Jammu and Kashmir has passed law to ban sexual extortion of woman in offices and became the first state in the country to amend law on Sextortion. The State Administrative Council headed by Governor Satya Pal Malik has given approval for Prevention of Corruption (Amendment) Bill, 2018 and Jammu and Kashmir Criminal Laws (Amendment) Bill, 2018.

Key Features

  • The new law amended section 154, 161 and schedule of Criminal Procedure Code and Section 53 of Evidence Act to bring the Sextortion as a similar offence prescribed under RPC.
  • New Section E has been added to Section 354 of Ranbir Penal Code that makes sexual harassment a criminal offence with three years of imprisonment.
  • The amended section 354 E has the provision related to sexual harassment and practice of extorting money at workplace by those who are in position of authority, having a fiduciary relationship or a public servant.
  • The new amendment prescribed the definition of misconduct and the demand for sexual favours also comes under the misconduct in Section 5.

About Ranbir Penal Code

Indian Penal code is not applicable to Jammu and Kashmir and in place of IPC, a similar criminal law Ranbir Penal Code applies in the state.  The code was introduced by Ranbir Singh during the Dogra Dynasty and it came in effect from 1932. The provision of code was prepared by Thomas Babington Macaulay.