State to withdraw 2021 Crimes Against Women bill, bring it back in new avatar

MUMBAI: More than three years after it was passed by the state legislature and after some uncertainty over its need, the state government has decided to push for a new version of the Shakti Criminal Laws (Maharashtra Amendment Bill), as it feels that the central government’s three new laws, the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA), have no provisions that are as stringent as those proposed in the Shakti bill. The government is planning to table a fresh bill by withdrawing the existing bill in the monsoon session.

After the bill was passed in December 2021, it was sent to the central government for its assent, after which a backing and forthing ensued over several of its provisions. The Centre asked the Maharashtra government to wait until the IPC, CrPC and Evidence Act were changed to the BNS, BNSS and BSA. The state government is now of the opinion that the three new laws, which came into existence on July 1 last year, do not do away with the need for a law like Shakti which exclusively deals with crime against women.

“We had sought the opinion of the law and judiciary department and director-general of police on the queries raised by the central government,” said an official from the home department. “The state government is of the opinion that Shakti has stricter punishments than the existing laws and gives more powers to the police in investigation and prosecution. Such stricter provisions are needed to deal with crime against women.”

The officer said that apart from more police power and more stringent penalties, Shakti had a provision for dedicated courts at the state and district level. “They are necessary to try cases on the fast track and will help maintain the high conviction rate in such cases,” the officer added.

Another officer said that the new bill would be tabled in the monsoon session. “Since the previous bill had provisions in accordance with the IPC and CrPC, it has become infructuous and needs to be withdrawn,” he pointed out “The new bill, which will reference the new criminal laws of BNS and BNNS instead of the IPC and CrPC may have minute changes from the previous version of the bill. The name of the bill will remain the same.”

The Shakti bill provides for the death penalty for offences such as rape, gang rape and causing grievous hurt by the use of acid. The death penalty and a fine of not less than ₹5 lakh is provided in cases of penetrative sexual assault on a child below 16 years. The bill makes it mandatory for the police to complete an inquiry in 15 working days and the investigation in 30 days. It also has provisions to deal with crimes against women on digital and social media.

The Centre had raised queries related to overlapping provisions in the IPC, CrPC and POCSO Act. It had also questioned the shorter period granted for investigation and filing of the chargesheet. Police officials from the forensic wing too expressed their reservations over making forensic reports available in a week or two. To this, the home department official responded, “The state government is of the opinion that with the upgradation in forensic technology and the evidence procurement system, it is possible to complete investigation in the stipulated period, and thus the mandate in the bill remains tenable.”

The Centre had also raised queries about location-tracing and retrieval of data from the mobiles of the victim and the accused, which could violate the provisions of the Digital Personal Data Protection Rules passed recently. According to officials, the state government will have to make changes in the new draft to ensure that existing provisions in Shakti bill do not contradict other Acts and regulations.

Former home minister and NCP (SP) leader Anil Deshmukh said that the MVA government envisaged the bill in 2019 and had prepared it after deliberation with experts. “The government can have another round of discussion with officers and experts, but should get it passed at the earliest,” he said.