The bill will go before the state legislature during its next winter session. (Archive)
Mumbai:
In an attempt to curb heinous crimes against women and children in Maharashtra, the state cabinet on Wednesday approved a bill containing provisions for severe punishments, including the death penalty, life imprisonment and heavy fines for perpetrators, and also a quick judgment. .
The bill seeks to amend the relevant sections of the IPC, CrPC, and the Protection of Children from Sexual Offenses Act (POCSO) for enforcement of the proposed law in the state.
The cabinet passed the bill at a meeting in Mumbai and it will be tabled in the state legislature during its next winter session, Interior Minister Anil Deshmukh told reporters after the meeting.
A two-day winter session of the legislature begins in Mumbai from December 14.
He said the bill, to be called the “Shakti Law,” will be submitted for discussion and approval in both houses of the legislature.
It provides for completing the investigation in a case within 15 days and the trial within 30 days, Deshmukh said.
After obtaining approval from the House, the bill will be sent to the central government for approval and presidential approval, Deshmukh said.
A statement from the Chief Minister’s Office (CMO) said that the bill will be introduced to the legislature in two parts: the Maharashtra Shakti (Maharashtra Amendment) Criminal Law Act 2020 and the Special Court and Machinery for Implementation from Maharashtra Shakti Criminal. Law, 2020.
The provisions of the new law aim to control heinous sexual crimes against women and children, the minister said.
It plans to complete the investigation and trial within a stipulated timeframe and strict punishment, including the death penalty and heavy fines, for those found guilty, Deshmukh said.
Special police teams and separate courts will be established to investigate and prosecute cases against women and children, according to the bill.
The perpetrators, if found guilty, will be punished with life imprisonment of no less than ten years but may extend to the rest of their natural life or with death in cases that have characteristics of being atrocious by nature, he said.
Under the proposed legislation, a sum of Rs 10 lakh will be given to an acid attack victim for plastic surgery and facial reconstruction and the amount will be charged as a fine to the convict.
The investigation will be completed within 15 business days from the date of registration of a crime.
The reasons for not doing so will be recorded in writing by the investigating officer in question and these may include the inability to identify the perpetrator, he said.
Then the trial period will be extended up to seven business days. Once a charge sheet is filed, the trial will take place on a day-to-day basis and will be completed within 30 business days, per the bill.
Some cases will be tried behind closed doors to record evidence from vulnerable victims and witnesses, he said.
Under the proposed law, the duration of the investigation will be 15 business days and that of the trial 30 business days, less than the final two months in both cases, according to the CMO statement.
The time to appeal was reduced from six months to 45 days, he said.
The creation of up to 36 special courts, each with a special prosecutor, has been proposed to deal with cases registered under the Shakti Law, according to the statement.
In accordance with the Shakti Law, threatening and intimidating women on social media, submitting false reports of rape, sexual abuse and acid attack, failure to cooperate in the investigation, disclosure of the identity of victims in case of abuse and acid attack will also be considered crimes.
The Shakti Law is modeled after Andhra Pradesh’s Disha Law, which was passed last year to curb crime against women and children after a veterinarian was raped and killed in Hyderabad, sparking widespread public outrage.
Mr. Deshmukh had led a team of government officials earlier this year to Andhra Pradesh, where he held discussions with Chief Minister YS Jagan Mohan Reddy, Minister of the Interior M Sucharita and others on the Disha Law.
Later, a committee headed by Ashwini Dorje, director of the Maharashtra Police Academy, was created to study the Disha Law and prepare a similar law for the state.
Subsequently, a cabinet subcommittee headed by PWD Minister Ashok Chavan was created to pass the bill and present it to cabinet for approval.
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