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Shakti Bill for crime against women tabled in Maharashtra assembly
The Shakti Act, modelled on Andhra Pradesh’s Disha Act, is expected to be cleared in both the Houses on Tuesday
After close to a year of deliberations, the Maharashtra government on Monday tabled its Shakti bill with the provision of stricter punishments, including death penalty and fine up to ₹10 lakh for rape, acid attack and social media abuse against women and children. According to the bill, investigation and filing of charge sheet should be done in 15 days and trials should be completed in 30 days after filing a charge sheet.
The bill, modelled on Andhra Pradesh’s Disha Act, is expected to be cleared in both houses on Tuesday.
State home minister Anil Deshmukh tabled the Maharashtra Shakti Criminal Law (Maharashtra Amendment) Act, 2020, and Maharashtra Exclusive Special Court (for certain offences against Women and Children under Shakti Law) in the legislative Assembly on Monday, the first day of the two-day winter session of the state legislature.
The first has provision for amending existing sections in the Indian Penal Code (IPC), Criminal Procedure Code (CrPc) and Protection of Children from Sexual Offences (Pocso) Act for stricter punishment and the second is for establishing special courts.
The legislation, after being passed, will need approval of the Centre as amendments are suggested in central laws.
The proposed amendments to CrPC have been sought to bring down the investigation period from two months to 15 days and the trial period from two months to 30 days. The appeal period has also been proposed to be reduced to 45 days from six months.
The bill has the provision of death penalty and life imprisonment for rape and acid attack convicts. The amendment in sections 326, 354, 376 of the IPC, which deals with these crimes, has been proposed to be amended through the bill. The bill has also made provisions for reimbursement of plastic surgery and face reconstruction expenses. It also lays down the provision of punishment for failure to share dates with the investigating officer, relating to derogatory material against women and children on social media platforms, internet or mobile.
The bill has proposed a separate judicial system to fast-track cases that come under the act’s purview with at least one special court in each district. The law will have provision for special public prosecutors and special police teams, which will have at least one woman officer, and will seek to establish institutions to provide services, including medical or psychiatric support and care, psychiatric counselling to victims, and facilitating legal and financial aid and rehabilitation.
State home minister Anil Deshmukh said, “We have tried to make the law foolproof. We held deliberations at various levels and sought opinions from experts over the past year. The draft was first discussed in March, after which a sub-committee of ministers was appointed to ensure there were no flaws in the draft. After the bill is passed in both houses and ratified by the Governor, it will go for the assent of the President,” he said.
Deshmukh said the time limit given for investigation and trial was sufficient.
“In recent cases of crimes against women in Roha and Jalgaon, the charge sheets were filed in two weeks and forensic reports were obtained in just three-four days,” he said.
The bill was prepared after more than 10 months of ground work, and was finalised by a high-level committee of the home department, with Deshmukh visiting Andhra Pradesh to study the Disha Act.
Following this, a committee under Aswathi Dorje, posted as director of Maharashtra Police Academy (MPA), was set up to draw up a draft. It was presented before the state cabinet on March 12, during the budget session.
