New Update
Maharashtra government on Monday presented two bills in front of the state assembly-the Maharashtra Shakti Criminal Law (Maharashtra Amendment) Act, 2020, and the Special Court & Machinery for Implementation of Maharashtra Shakti Criminal Law, 2020. The bill according to the state government is designed to help reduce the crimes against women and children. However, a letter signed by 92 activists, lawyers, women’s organisations and academicians asked for the withdrawal of the bill as they called it " a draconian legislation". Here are 9 things you should know about the shakti bill:
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- The Shakti Act is supposed to be on the lines of Andhra Pradesh's Disha Act that passed last year. A committee was set up to study the law and another one led by PWD Officer Ashok Chavan approved the draft prepared by the former committee.
- The draft bill seeks to amend some vital sections of the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Protection of Children from Sexual Offences (Pocso) Act.
- The bill suggests adding a third explanation in section 375 (which deals with charges of rape). The explanation talks about the "presumption of consent". In case two adults are involved the accused can appeal for 'consent or implied consent'.
- In cases involving acid attacks, the victims will be given a compensation of Rs 10 lakh will be given to the victim for plastic surgery and facial reconstruction and the amount will be collected as fine from the accused.
- If the accused is charged with rape, gang rape or penetrative assault against children, the court can sentence the death penalty. Other than that, all crimes termed 'heinous' will grant not less than ten years I'm imprisonment and even life imprisonment.
- The bill suggests making the trial process much faster than the already exciting 60 days time frame. According to the draft, a probe should be completed within 15 days and trial within 30 days.
- The bill also suggests making a different registry for sexual offenders named “Women and Children Offenders Registry”. This registry will be linked to the National Registry of Sexual Offenders with details of the convicted person.
- As per this bill, threatening and intimidating women on social media will be an offence with a maximum punishment of two years and a Rs 1 lakh fine.
- Another provision under the bill is to punish those filing false rape cases to extort, threaten or defame the accused