Maharashtra propose to bring " The Shakti Act"

Mumbai :  On Wednesday (9^th December), the Maharashtra Cabinet approved the introduction of two bills relating to the prevention of incidents of Violence and atrocities against women and children in the state. The bills was approved by the State Cabinet meeting presided by Maharashtra Chief Minister Uddhav Thackeray. The draft bill which has a provision for rigorous punishment, including the death penalty, life sentence, and huge fines, for the culprit, and also for speedy trials.

The "Maharashtra Shakti Criminal Law (Maharashtra Amendment) Bill, 2020" has been drafted along the lines of the Andhra Pradesh Disha Act Criminal Law (AP Amendment) Act, 2019 ( which was brought last year after a veterinarian was raped and murdered in Hyderabad, triggering widespread public outrage).  The draft bill once passed by the State Legislature will be called the "Shakti Act."

The bills- the Maharashtra Shakti Criminal Law (Maharashtra Amendment) Act, 2020 and the Special Court and Machinery for Implementation of Maharashtra Shakti Criminal Law, 2020  will be introduced in both houses during the winter session of the Maharashtra legislative assembly and council.

"The draft bill will be seeking amendments in relevant sections of Indian Penal Code, Code of Criminal Procedure and Protection of Children from Sexual Offences Act, 2012. This draft talks about death punishment for culprits of heinous crimes against Women and Children. The two draft bills will be presented in the State Legislature in upcoming winter session which will be scheduled from 14^th December. Once the State Legislature approves the two drafts, we will send it to the Centre for Presidential assent," said by Maharashtra Home Minister Anil Deshmukh

"It's historic decision. This law will help us protect women and children of our State."said  Yashomati Thakur, Women and Child Development Minister.

Key features of the proposed Act –

1. The culprits who will be found guilty will be punished with imprisonment for life for not less than ten years but may extend to the remainder of natural life or with death in cases where the crime will be of dangerous nature.

2. Special police teams and 36 special courts with each having a special public prosecutor has been proposed to set up to deal with cases registered under the Shakti Act, for investigation and trial of cases against women and children. Some cases will have camera recordings of evidence of victims and witnesses who are vulnerable.

3. The investigation in a case should be completed within 15 days and trial shall be conducted on a everyday basis and completed within a period of 30 working days from the date of registration of an offence. This can be extended by 7 days. The bill has brought down the time required for completing an investigation from 2 months to 15 days and for completion of trials to 30 days from 60 days.

4. According to the Act, making false complaints of rape, molestation and acid attack, non-cooperation in investigation, disclosure of victims identity in case of molestation and acid attack, threatening and intimidating women on social media platform, will also be considered as a crime.

5. A sum of Rs 10 lakh shall be given to a vitriolage (i.e. acid attack) victim for plastic surgery and facial reconstruction and the amount will be collected as fine from the accused person. It proposes harsh punishment including death penalty and heavy fines for the culprits.