Ranbir Penal Code : Existence Or Curtailment

Law and justice are the pillars on which the entire edifice of society is built.

Just like oxygen is for the existence of life , law is for the existence of state . It's rightly said that "Man is not made for law , law is made for man ". It shapes the conduct of an individual and makes sure that one adheres to the lawful approaches in every walk of life . Law is a means to an end and the end is an orderly and peaceful society. The Constitution of India is the supreme law of the country from which the other ordinary laws derive their authority. One of the distinct and unique feature of the constitution is Article 370 , which is a temporary provision and provides 'an autonomous status to the state of Jammu and Kashmir'.

Just like the Indian constitution, the state of J&K has a constitution of its own. And not only a separate constitution but also a Criminal Code known as the Ranbir Penal Code , as distinguished from Indian penal code . It is due to article 370 that the Indian Penal Code ain't applicable in this state . The Ranbir Penal Code came into existence in the year 1932 , during the reign of Ranbir Singh (ruler of Dogra dynasty) , after whom the code was named . This code was prepared by Thomas Babington Macaulay . It is drawn on the lines of Indian Penal Code .

There are many ways in which RPC makes it ahead of Indian Penal Codelike article 497 (adultery) of Ranbir Penal Code does not exempt a wife from the culpability of this offence whereas it is scraped off from IPC . There is a battle of wills regarding Ranbir Penal Code. There seems to be a Mexican standoff as some people argue that it should be scrapped off as Jammu and Kashmir , even being autonomous is a part of India and hence the Indian penal code shall apply to the state . But here one needs to keep this in mind that for the application of IPC and curtailment of RPC , article 370 needs to be scrapped off first , as it this article which denies the application of IPC in J&K. Also, in October 2015, the High Court of Jammu and Kashmir has ruled that theArticle 370 cannot be "abrogated, repealed or even amended." And they believe that Ranbir Penal code is as fit as fiddle for the state because being autonomous it must possess everything of its own.

But such a debate is like bringing coals to newcastle because the status quo of J&K is such , that the emergency law i.e the Armed forces special powers act also known as martial law , still prevails in the state. Operations by Army are necessary to keep militants at bay and this is the dire necessity of the state for the welfare of it's subjects . These operations, contends the Army, that state must be covered by AFSPA . Also scraping off this article would bring new challenges for both the country and the state.