Amid Badlapur Sexual Assault Case, Maharahstra Shakti Criminal Law Bill In Spotlight Once Again; Know All About It

India is in a state of shock once again after the Kolkata rape and murder of a trainee doctor. Days later, a nurse was raped in Uttarakhand and another nurse was killed in Uttar Pradesh in a suspected sexual assault case. Now, cases of sexual assault have come to light from Maharashtra and Tamil Nadu as well. A protest has erupted in Maharashtra's Badlapur over the sexual assault of two minor girls. Reacting to the protest, Shiv Sena (UBT) MP Priyanka Chaturvedi said that the President of India should approve the Maharashtra Shakti Criminal Law so that no other child or woman faces this travesty. 

What Is Maharashtra Shakti Criminal Law?

The Shakti Criminal Laws (Maharashtra Amendment) Bill, 2020, commonly known as the Shakti Bill, was introduced in December 2020. This Bill seeks to amend the Indian Penal Code (IPC), the Code of Criminal Procedure, 1973 (CrPC), and the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) as they apply to Maharashtra. 

The primary aim of these amendments is to strengthen legal provisions for offences committed against women and children, specifically targeting the reduction of sexual crimes. The Bill has been forwarded to a Joint Select Committee consisting of Members of the Legislative Assembly (MLAs) and Members of the Legislative Council (MLCs) for further review and deliberation.

The Bill introduces significant amendments to the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act, including the provision of the death penalty for specific severe crimes. These include grievous hurt caused by acid attacks, rape, and gang rape.

The amendments to the IPC now allow for the death penalty in cases where the crime is particularly heinous, supported by conclusive evidence, and demands an exemplary punishment. Previously, the maximum penalty for these offences under the IPC was life imprisonment along with a fine.

Additionally, the Bill amends the POCSO Act to include the death penalty for cases of penetrative sexual assault against children under 16 years of age.

The Bill also increases the severity of punishment for various offences, extending the length of imprisonment and raising fines under both the IPC and the POCSO Act.

Further, the Bill introduced a provision that made intimidating a woman punishable by up to two years in prison and a fine of up to one lakh rupees.