chem notes (1)

Investigation Related Provisions Exclusive special courts in each district of the State to exclusively deal with cases of offences against wom attacks, stalking, voyeurism, social media harassment cases under the POCSO Act. Constitution of special police teams and appointm in special courts. There is no such provision in existin

o ensure speedy trial. These courts will SALIENT men and children including rape, acid FEATURES OF of women, sexual harassment and all DISHA LAW ment of the special public prosecutor ng laws in other areas.

THE IMPLEMEN OF THE DISHA Andhra Pradesh CM YS Jagan Mohan Reddy o special courts in every district with the recrui new Public Prosecutors, a DSP, SI, and four su for all 18 women police stations, and two new labs for the necessary infrastructure. He had crores to enable new law, he also said that ne police headquarters, forensic laboratories will new ones at Visakhapatnam and Tirupati for g better outcomes.

NTATION A ACT rdered itment of 13 upport staff w forensic sanctioned 2 ear state l be built and gaining CM YS Jagan Mohan Reddy

RESPONSE FROM OTHER In resp Ministe said th STATES such wheth well‘ D positiv CM Jag CM K.C

ponse to the Disha Act, NCP, State Home er of Maharashtra, Mr. Anil Deshmukh hat the government should try to bring a bill. He said. “We are working on her to replicate them in Maharashtra as Delhi and Odisha have also shown their ve interest towards the Disha Act, 2019. gan Mohan Reddy also praised Telangana Chandrasekhar for his participation

SHAKTI CRIMINA LAWS BILL , (MAHARASHTRA AMENDMENT BIL 2020

AL A LL),

CAUSE In December 2021 , to combat the high rise in case where justice was not served, Maharashtra goverme passed the Shakti Bill which was modelled on the Dis Act of Andhra Pradesh.

es ent sha

KEYS FEATURES OF THE SHAKTI BILL The Bill introduces death penalty for offences such and gang rape. Under IPC, the maximum punishmen with a fine. The Bill amends the IPC to provide for offence is heinous, there is conclusive evidence, an punishment. Punishment for certain offences such as providing enhanced. The Bill proposes a shorter timeline for the investig offences.

h as causing grievous hurt by use of acid, rape, SHAKTI BILL nt for these offences is life imprisonment, along death penalty for these offences, where the nd the circumstances warrant exemplary false information and throwing acid has been gation, trial, and disposal of appeal of certain

The Bill adds that intimidating a woman will be punishable w up to one lakh rupees. The Bill provides that an investigating officer may seek dat providers, among others, for investigating specified offence the POCSO Act. Such data must be shared with the officer within the stipulated time will constitute an offence punisha of five lakh rupees, or both. Under IPC, disclosing the identity of the victim for offences children is punishable with imprisonment and a fine. The Bill committed against women such as sexual harassment, voye Under CrPC, every person who is aware of the commission o for ransom, and robbery, should inform the nearest magistr intention. The Bill extends this requirement to offences com harassment, stalking, and rape.

with imprisonment of up to two years and a fine of SHAKTI BILL a from social media platforms or telecom service es against women and children under the IPC and within seven working days. Failure to share data able with imprisonment of up to one month, or a fine s such as rape committed against women and l extends this provision to other offences eurism, and stalking. or intention to commit offences such as kidnapping rate or police officer of such commission or mmitted against women and children such as sexual

DRAWBA The Bill provides for mand has been held to be uncon Shorter timeline for inves sufficient to complete the Obligations have been plac and custodians to share d without any safeguards.

ACKS datory death penalty, which nstitutional. stigation and trial may not be e relevant procedures. ced on data intermediaries data for investigation,

CRITICISM Prominent activists, lawyers, women’s organisations and ac wrote a letter to Chief Minister Uddhav Thackeray voicing to the bill — Maharashtra Shakti Bill, 2020, urging him no bills in the two-day Winter Session that occured in 2020. The letter that has 92 signatories stated, “We are shocked draconian legislation is being introduced in the name of cur violence against women and girls. Some provisions are not but negate the very offence of rape. The effect of this Bill deny women any hope of justice. Hence, we are addressing requesting you to not table the Bill till there is a larger con activists, lawyers and academicians working on these issue

cademicians their opposition ot to table the d that such a rbing widespread only anti-women, l will completely g this letter nsultation with es.” Chief Minister Uddhav Thackeray

The signatories to the letter have especially ra “presumption of consent” in offences of rape, of rape and penetrative sexual assault against provisions enabling action against supposedly The Shakti bill proposes to amend the definiti consent will be presumed if the two parties ar circumstances suggest that there was consen The letter criticised the government for feedi construction of consent and conduct of wome

aised concerns about the alleged CRITICISM , death penalty for those accused t children as well as the false cases. ion of rape to state that valid re adults and their conduct or nt or implied consent. ing into the patriarchal en.

“In a lot of cases of rape, the accused take the ple it will become impossible for the prosecution to es nullifies the very offence of rape,” the letter note The activists also said that the death penalty for s the certainty of investigation, trial and punishmen They added that the death penalty reduces convic life to rape survivors and also causes mental traum committed by persons known to the survivors. The signatories noted that the inclusion of punish patriarchal notions of viewing women with suspici incriminate men in false cases for unscrupulous pu

ea of consent [and] with such an explanation added stablish rape. Such an explanation negates and ed. such offences will be counter-productive since it is nt rather than its severity that act as deterrents. ction rates and rates of reporting, poses a danger of ma since sexual offences against children are often hment for allegedly false cases also “perpetuates the ion as unworthy of being believed and likely to urposes”.

FINAL TAKE Our final take on the issue is that, although laws aim for speedy justice , the govern officials should make sure that no arbitrary are taken and the accused is not framed fa should make sure that such a law does immense power to women over men, or portr in negative light. Most importantly, the law emotionally burden the victim.

h both the nment and decisions alsely. They s not give ray women should not

Horrifying Gang Protests and Rape in Hyderabad uproar all around Novemeber , 2019 India Shakti Bill Shakti Bill unanimously cleared. proposed December , 2021 in Maharashtra Assembly Decemeber ,2020

Discussion in The Bureau of Police Parliament Research and Development (BPR&D) makes additional December , 2019 suggestions for changes to States discusses IPC and CrPC rules. whether to introduce such a law. Disha Law passed in Andhra Pradesh Decemeber , 2019

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