Whats new in The Shakti Act of Maharashtra? — Law Insider
By: Law Insider
Tags: Law, Maharashtra

Generation of crime and violence is emerging in the society with every passing day and with that the challenge to control crime and violence is also to be uplifted.

Government in the benefit of citizens and for forming strong social society is adapting and providing various kind of initiatives including new acts, awareness programmes, education, schemes and a legal support through amendments and bills.

One of the recent step taken by Maharashtra government regarding the crime increasing against women and children is “SHAKTI BILL”.

On 14 thDecember 2020, two bills were introduced in the Maharashtra Legislative Assembly and Maharashtra cabinet clears the same bills namely; Maharashtra Shakti Criminal Law (Amendment Act) 2020 and Special Court and Machinery for implementation of Maharashtra Shakti Criminal Law 2020. Shakti Bill was introduced on the lines of Andhra Pradesh’s Disha Act.

On the first day of winter session, the “SHAKTI BILL” was forwarded on the floor of Maharashtra Legislative Assembly. In a bid to curb crimes against women and children in Maharashtra the state cabinet unveiled, the Shakti Act.

The draft bill proposes provisions for stern punishment which shall include death penalty, life imprisonment, hefty fines and speedy trial for heinous crimes.

The bill also, attempts to amend relevant sections of Indian Penal Code, CrPC and the Protection of children from Sexual Offences (POCSO) Act for the proposed law’s application in the state. CM Uddhav Thackery announced the same after the completion of meeting.

Elongating it can be said, the perpetrators, if found guilty will be punished with imprisonment for life, for not less than 10 years but may extend to the reminder of natural life or with death in cases proving all the necessary characteristics of a crime being heinous in nature.

As a part of Shakti Act a sum of Rs. 10 lakh will be given to the victim of acid attack for the purpose of plastic surgery and facial reconstruction. The same amount would be collected as fine from the convict. Another important feature to be noted is that investigation shall be completed within 15 working days from the date of registration of an offence, simultaneously the reasons for not following the same period stated shall be recorded in writing by the investigating officer concerned and this may include inability to identify the perpetrator.

Though, the reasons mentioned should be valid and the ones not contemplating the investigation. Key features of Shakti Act also include that the probe period will be extended up to seven working days.

After a charge-sheet is filed, the trial shall be conducted on day-to-day basis and shall be completed within 30 working days, according to the draft bill.

Other features to be kept in mind, includes that 36 Special Courts and police teams would be set up in every district and also special investigating team involving at least one woman officer, acid attack to be a non-bailable offence with imprisonment of not less than 10 years, which may extend up to life imprisonment or death penalty along with a fine, maintaining a registry for offenders in accordance to women and children.

New offences included under the proposed Shakti Act are — threats and defamation of women on social media, filing fake complaints regarding rape, molestation and acid attacks, non — cooperation of social media, public representatives in such investigations and bringing in such restrictions to protect the identity of rape/acid attack/molestation victims.

Most prominently, the Shakti bill proposes introducing the death penalty as punishment for rape, acid attacks and any kind of sexual offences against children. It also seeks a general increase in quantum of punishment for crimes against both women and children.

The bill proposes to add a new section to CrPC; dealing with the harassment of women through any mode of communication. Accordingly, any “offensive communication” through telephones, email, social media platforms or through any other electronic or digital mode that “creates distress, alarm or is lascivious or lewd in nature” will be punishable under the Shakti Act.

Moreover, any offences violating the privacy of woman or is outraging her modesty will lead to the maximum punishment of 5 years and a penalty of Rs. 5 lakh. Further compelling any woman to respond to romantic overtures by threatening her will also draw imprisonment up to 3 years with fine of Rs. 1 lakh on first conviction and an imprisonment of up to 5 years in subsequent instances, according to the draft bill. Adding to all, the period within which one can file appeal against a court will be brought down to just 15 days from 6 months.

With support there is always opposition and critics. Where the support presents strong benefits the opposition and critics display disadvantages to a bill or an act. For Shakti Act where the state government strongly believes that the proposed legislation will be a landmark not everyone agrees to the same. Over 90 activists, lawyers, academicians and non-government organisations working for women and children welfare wrote a letter, expressing the disbelief and said the law to be “draconian”.

Concerns regarding the alleged ‘presumption of consent’ as the Shakti bill proposes to amend the definition of rape to state that valid consent will be presumed if the two parties are adults and their conduct or circumstances suggest that there was consent or implied consent.

A great disagreement is shown for this provision as the opposition believes that in lot of the rape cases accused would take the plea of consent and with such an explanation it will become impossible for the prosecution to establish rape. Such an amendment would nullify every offence of rape. It was also pointed that death penalty reduces conviction rates and rates of reporting.

Concluding the article in overview it is reflected that certain provisions of bill suggests the absence of broader consultative process and creates a base of lack of criminal law understanding.

The initiative of Maharashtra government is noteworthy but in along with the strong legal provision the fucus on improving infrastructure should also be there and although the bill is made with the positive aspect of controlling and decreasing the crime rates for women and children; the bill should have been discussed with the lawyers, academicians and other activists so that more effective provisions with technical implication would be added to form a landmark act.

The concern of Maharashtra government is justified as the crime rates have been tremendously increased in past two years of 2018 and 2019, but the society needs more improvement in current provisions, infrastructure than that of amending and introducing new ones.

Also Read — ‘Shakti Act’ to include death penalty for rape, acid attack & child abuse: Maharashtra Cabinet