Explained: Why womens’ rights activists have criticised Maharashtra’s Bills against sexual offences
While the new law will entail enhancement of punishment for offences of rape, gangrape and penetrative sexual assault of children, the women’s rights activists say this will be counter-productive. Written by MAYURA JANWALKAR , Edited by Explained Desk | Mumbai | Updated: December 16, 2020 10:28:57 am
One of the Bill will be enacted as Shakti Act, 2020.
Two bills cleared by the Maharashtra Cabinet last week are expected to be tabled in the Legislative Assembly during the two-day Winter Session that began on Monday (December 14).
But the Bills The
Maharashtra Shakti Bill, 2020, and The Special Court and Machinery for Implementation of Maharashtra Shakti Criminal Law, 2020 that enhance punishment for violence against women and children, and include the death penalty for some offences, have been criticised by promin
Maharashtra CM Uddhav Thackeray (File)
PROMINENT ACTIVISTS, lawyers, women’s organisations and academicians Saturday wrote a letter to Chief Minister Uddhav Thackeray voicing their opposition to the two bills Maharashtra Shakti Bill, 2020, and the Special Court and Machinery for Implementation of Maharashtra Shakti Criminal Law, 2020 and urging him not to table the bills in the two-day Winter Session starting Monday.
The letter that has 92 signatories stated, “We are shocked that such a draconian legislation is being introduced in the name of curbing widespread violence against women and girls. Some provisions are not only anti-women, but negate the very offence of rape. The effect of this Bill will completely deny women any hope of justice. Hence, we are addressing this letter requesting you to not table the Bill till there is a larger consultation with activists, lawyers and academicians working on these issues.”
5-page letter raises objections to ‘presumption of consent, ‘death penalty’, ‘false cases’
Women lawyers, academicians, activists, and women and child rights organisations have written to Chief Minister Uddhav Thackeray raising objections to the Maharashtra Shakti Bill and the Special Courts and Machinery for the Implementation of the Shakti Bill, and said, “The effect of this Bill will completely deny women any hope of justice.”
Organisations such as Akshara, Bebaak Collective, Forum Against Oppression of Women, and Mahila Mandal Federation, along with lawyers like Indira Jaisingh, Susan Abraham, and Maharukh Adenwalla sent a five-page letter to the CM on December 11.
On the point of ‘presumption of consent’, the letter pointed out, “The amendment which seeks to add explanation 3 to Section 375 (rape) of the Indian Penal Code where parties are adults and the conduct of such parties from all circumstances surrounding the same appears that there was consent or i