Shakti Bill: Does It Downline Justice in Sexual Assault Cases?

Must Read

India’s International ‘Retrospective Taxation’ Regime Vis-a-Vis PCA Rulings in Vodafone and Cairn in 2020

The imposition of retrospective taxation of foreign companies doing business in India has been at the helm of controversy...

What is the Real Estate (Regulation and Development) Act, 2016?

The Real Estate (Regulation and Development) Act, 2016 (“RERA”) is an Act of the Parliament. It seeks to protect...

Should the Exorbitant Amounts Charged for RT-PCR Tests be Refunded?

Introduction A plea has been filed in the Honourable Supreme Court of India seeking a refund of exorbitant amounts charged...

Should CCTV’s be Installed in the Police Station?

Introduction In a recent judgment, the bench led by Justice Nariman issued directions to both the state and Union Territory...

A Legal Analysis of the West Bengal Political Crisis on IPS Deputation

The Ministry of Home Affairs (MHA) has recently summoned three IPS officers of West Bengal (WB). The decision was...

Explained: Postal Ballot for NRIs

At the end of November 2020, Election Commission sent a proposal to the law ministry to amend the Representation...

Follow us

On Monday, two bills which are being called as the Shakti Bill was presented before the Maharastra State Assembly.

Not so long ago, the passing of Disha Act (almost a year ago) by the Andhra Pradesh received a major outcry from Women’s Rights Groups and Activists and Lawyers. These groups claimed that Bill negated the very definition of Rape by giving the accused a chance of using consent plea to avoid Prosecution. The bill also described punishment for one who has/had presented the court with false cases.

While women argued that this provision will end up discouraging a woman from lodging complaints, the state argued that a stronger deterrent than Capital Punishment would be a timely investigation of the same.

Brief Facts of the Shakti Bill:

On Monday, two bills were presented by the Maharashtra Government in front of the State Assembly, namely, Maharashtra Shakti Criminal Law (Maharashtra Amendment) Act, 2020 and Special Court and Machinery for Implementation of Maharashtra Shakti Criminal Law, 2020. As the name suggests, both of these bills which were presented revolve around one law, the Maharashtra Shakti Criminal Law. According to the state, the bill, if passed, would reduce the Crime rate against Women tremendously in the state.

However, similar to the Disha Act of Andhra Pradesh, the introduction of this bill enticed a major outcry from the women’s committee across the state, and even country. Some 92 women’s activists, lawyers, organizations and even academicians signed a letter, naming the bill as “A Draconian Legislation” and asked for the withdrawal of the same.

The Signatories include Senior Advocate Indira Jaising, and lawyers as Veena Gowda and Susan Abraham, Child Rights Activists and Lawyer Mahrukh Adenwalla, Ulka Mahajan, lawyer and Professor Dr Asha Bajpai and other members of TISS (Tata Institute of Social Sciences).

The procedure of making of the Bill

The Shakti bill in talks also proposes a few amendments to the Indian penal Code, 1860, Code of Procedure, 1972 and the Protection of Children from Sexual Offences Act, 2012.

Anil Deshmukh, the Maharashtra Home Minister, paid a visit to Hyderabad earlier this year in order to study and understand the Disha Act. The Maharashtra Shakti Law has been in talks and under discussion amongst the leaders for almost a year now. A committee was formed, headed by the director of Maharashtra Police Academy, Ashwathi Dorje, was formed in order to prepare a draft of the Bill, following up by a formation of another committee which was headed by Ashok Chavan, the Public works Department Minister, which was set up to finalize the drafts of the Bill.

What are the objections to Shakti Bill?

The Bill proposes an amendment to s. 375 which defines Rape, which directs the Parliament to add an ‘explanation’ that states that a presumption of consent will be made in case both the parties involved are adults and there is a suggestion of ‘direct or implied consent’. According to the activists,

“The amendment will feed into the patriarchal Construct of consent and Conduct of women”.

One of the famous defences used by the accused in sexual assault cases is ‘Consensual Sexual Intercourse’. If such an explanation is included in the Law, proving rape will become almost impossible.

Another amendment which the Bill proposes is in s.12 of The Special Courts and Machinery for the Implementation of Shakti act, 2020, which punishes the Filing of false complaints. This section of the act, as per the signatories, “perpetuates the patriarchal notions of viewing women with suspicion, as unworthy of being believed” and it will deter the victims from filing official complaints regarding Sexual Offence.

According to the Signatories, the pre-existing laws cover offences such as intimidation of women through e-media and sexual abuse and also punishes government Servants who fail to do their job and provide proper relief by assisting investigations regarding the offences. But the sections provided in the Maharashtra Shakti Law, 2020, are only good enough to make political statements, but are nugatory and would be ineffective for ‘Rape’. is now on Telegram. Follow us for regular legal updates and judgement from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also contribute blog, articles, story tip, judgment and many more and help us spread awareness for a better society. Submit Your Post Now.


Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition sought a speedy decision in...

[Delhi Riots] When the IT Ministry Calls Us, We Will Go Says Harish Salve To Delhi High Court

The Vice President and Managing Director of Facebook, Ajit Mohan told the Supreme Court that when the representatives of the company are called by the Information Technology Ministry they will come and record their statements.

Allahabad High Court Seeks Response on Compensation of Cutting Trees From National Highways Authority of India (Nhai) 

The Order had come in the form of a Public Interest Litigation (PIL) filed by a bunch of law students in Uttar Pradesh. The...

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector & Tahsildar issued a show-cause notice...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

“Anganwadi Centers to Be Reopened Outside the Containment Zones, Which Is to Be Decided by the State”: Supreme Court

This case concerns the reopening of the Anganwadi Centers after they had been closed due to the lockdown being imposed.  Brief facts of the case This...

“Credit Facilities Being Granted by the Primary Agricultural Credit Society to the Non-Members Is No Longer Illegal”: Supreme Court

This Case concerns the dispute relating to the grant of tax exemption under Section 80P of the Income Tax Act, 1961.  Brief facts of the...

Back Wages of Labourers is a Question of Facts Depending Upon Various Factors: Gujarat High Court

The petition has been filed by workmen and employer against an award dated 23.04.2009 passed by the Labour Court, Bhuj in the case of...

WhatsApp Messages Would Have No Evidentiary Value Until They Are Certified According to Section 65b of the Indian Evidence Act: Punjab & Haryana High...

Brief facts of the case Paramjit Kaur, the proprietor of Brioshine Pharma, a licensed chemist, booked two consignments. The first consignment, on 10.06.2020 and the,...

Delhi High Court Seeks Response From Centre, RBI in PIL to Regulate Online Lending Platforms

A notice had been issued by the Delhi HC in a PIL that sought regulation of online lending platforms (Dharanidhar Karimojji vs UOI). Brief Facts: The...

More Articles Like This

- Advertisement -