24 December,2021 08:02 AM IST | Mumbai | Dharmendra Jore
Opposition leader Devendra Fadnavis arrives for the winter session on Thursday. Pics/Suresh Karkera
On the second day of the winter session on Thursday, one of the two bills that form a part of the Shakti Act, was passed unanimously in the Assembly. The other one was sent to the joint select committee of the state legislature. The bill that was cleared has made punishment stringent for sexual offences against children, women and transgenders, while the pending one has the provision of special courts and prosecution for delivering speedy justice.
The committee-approved bill with amendments to the criminal code was tabled in the House on Wednesday. After the Assembly's nod, it will go to the Upper House. The pending bill will come up in the budget session with recommendations of the joint panel. Based on Andhra Pradesh's Disha Act, the amendment bills were tabled last year in the legislature.
The revised criminal bill has a provision of capital punishment for rape/murder and a minimum sentence of 15 years, along with hefty fine for acid attack. It also acts as a deterrent against filing false complaints of sexual offence, and if proven fake, the complainant will have to spend a minimum of one year and maximum of three years in jail, and pay a fine up to '1 lakh. The suspect in a fake complaint can avail of anticipatory bail, a provision that was missing in the original bill.
Opposition members protest at the steps of Vidhan Bhavan on the second day of the winter session on Thursday
The acid attack convict will have to pay a hefty fine, which will be used as medical expenses for treating the victim. The punishment for acid attack can extend to a life sentence and fine. Stringent provisions for molestation through modes like digital, electronic, internet and mobile phones have been made.
The investigation side will be given 30 days for filing a charge sheet, but can be granted another 30 days with the permission of the city police commissioner and divisional police chief. The entities required to submit data (digital) for investigation will be given three days instead of seven days as proposed earlier. If they don't, they may face a jail sentence of three months and a fine of up to '25 lakh.
While extending support to the bills, Opposition leader Devendra Fadnavis suggested further changes in order to make the law practical and effective by way of quality investigation, perfect prosecution and dedicated courts that will complete the trial as early as possible without adjourning the hearing often for minor reasons. He wants specific reasons for adjournment to be mentioned in the law.
He said that the provision of three-day window and hefty fine for defaulting data providers was impractical and would lead to litigations between the state and data providers. He also said that the state would not have remedy in some cases because the data providers were also governed by the central Acts. BJP legislator Namita Mundhada said that forensic tests should be done at the victim's residence and priority should be given to conceal the victim's identity.
Home Minister Dilip Walse Patil welcomed the suggestions and said that the bill, which dealt with matters related to judiciary and prosecution, would be referred to the joint select committee for corrections. "I don't claim this law to be a perfect one because law- making is a continuous process. We have to rework and amend as per the situation. We have tried to make it stringent and ensured that it does justice," he said. He further sought the Opposition's support in getting the President's nod for the laws.
SIT to probe threats to ministers: In view of the arrest of a person from Bangalore for threatening Environment Minister Aaditya Thackeray, Home Minister Dilip Walse Patil agreed to the demand of forming a special investigating team under a senior police officer to probe similar threats other ministers and politicians faced.
Independent fire audits: Replying to a debate over increasing cases of fires in hospitals, residential complexes and establishments, Urban Development Minister Eknath Shinde told the House that the State Fire Act will be amended to have a provision of getting fire audits done by an independent agency/authority. According to him, fire safety violations were found in 25 hospitals in Mumbai. He said the reserved plots for building fire stations in Mumbai's civic wards would be transferred to the civic body at the earliest.
Health officer suspended: The death of four infants in three days in a civic-run hospital in Bhandup led to the suspension of the health officer in-charge. Shinde announced the same in the Assembly after the Opposition raised the issue.
