Uddhav Thackeray led Maharashtra government in a move to check rising crimes against women and children, have approved a draft bill called the Shakti act. The bill contains provisions of severe punishments including the death penalty, life sentence, and fine up to Rs 10 lakh on perpetrators of violence, faster investigations and quicker disposal of cases.
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According to Maharashtra’s Chief Minister Office (CMO), two bills will be tabled in the state legislature- the Maharashtra Shakti Criminal Law (Maharashtra Amendment) Act, 2020, and the Special Court & Machinery for Implementation of Maharashtra Shakti Criminal Law, 2020. The draft bill will be tabled during the upcoming two-day winter session in Mumbai on December 14-15.
Here’s all you need to know about the Shakti act 2020:
Why is the new law required?
According to the Maharashtra government, the bill is made on the lines of Disha act, that was enacted by Andhra Pradesh last year, and is being brought as the number of cases of violence, specifically sexual violence against women and children have increased significantly in the state.
A committee headed by the state’s PWD Minister Ashok Chavan has been set up to approve the draft act and put it before the cabinet for clearance.
What laws the new bill seeks to amend?
The draft bill proposes changes in existing sections of rape, sexual harassment, acid attack and child sexual abuse of the Indian Penal Code, the Code of Criminal Procedure and the Protection of Children from Sexual Offences Act.
The draft bill proposes the death penalty in cases of rape, gang rape, rape by persons in authority, aggravated sexual assault of minors and in cases of acid attack when the grievous injury is caused. The bill also seeks to add an additional fine of up to Rs 10 lakhs on those found guilty.
In cases of acid attacks, the law proposes the guilty to pay the victim for treatment including plastic surgery and reconstruction other than the punishment.
The bill also proposes to enhance punishment in the existing law increasing punishment in some sections from five years to seven and from seven to ten years in aggravated cases of sexual violence.
Speedy trials and special courts as part of Shakti act
Another major provision of the Shakti act states that the trial has to be completed within 30 days after the charge sheet is filed against an accused.
The bill provides provisions for completing probe in a case within 15 days and trial within 30 days, for which exclusive courts will be set-up.
Provisions related to social media
With rising cases of abuse of women and children through social media, the Shakti act proposes additional law to deal with the issue. Section 354E is added to include intentional acts creating “a sense of danger, intimidation, fear to a woman” apart from insulting her modesty by any act, deed or words including offensive communication will be an offence with a maximum punishment of two years and a Rs 1 lakh fine.
Another major provision of the bill regarding the social media makes it mandatory for the Internet, telephone providers and social media platforms to share electronic records, data for probes in cases of sexual violence against women and children within seven days or punishment of simple imprisonment for one month and fine up to Rs 5 lakh can be imposed.
Provisions for false acquisitions
Shakti act also comes with provisions in which false cases are reported, in such cases in which a person reports a false case which is proven under investigation, the person shall face imprisonment for a term up to one year or fine or both.
List of Offenders will be maintained for further reference
The bill also comes with provisions in which a registry of offenders will be maintained and will be shared with different law enforcement agencies.
The bill also seeks to set up special police teams in every district across the state to probe into such matters.
One-Stop Centre for providing victims rehabilitation
Setting up of One-Stop Centre for providing victims rehabilitation, legal aid, counselling, medical support is another major highlight of the Shakti act.