Shakti Bill lingers as Badlapur protests grow over schoolchildren rape

Following the alleged rape of two schoolchildren in Badlapur, Thane district, former Maharashtra Home Minister and Nationalist Congress Party leader Anil Deshmukh has reignited calls for the immediate implementation of the ‘Shakti Bill’— a landmark legislation aimed at combating crimes against women and children, reported The Indian Express.

The Shakti Bill, which was unanimously passed by the Maharashtra Assembly nearly three years ago, remains unimplemented despite its promise of stringent punishments for heinous offences. The legislation, modelled after Andhra Pradesh’s Disha Act, introduced amendments to the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and the Protection of Children from Sexual Offences (Pocso) Act to include provisions for capital punishment in cases of rape and gangrape.

Key provisions of the Shakti Bill
 

The Shakti Bill sought to expand the scope of capital punishment beyond repeat offenders to include first-time offenders in particularly heinous cases of rape and gangrape, provided the evidence was deemed conclusive. 

Additionally, the Bill proposed increased fines and penalties for crimes involving sexual violence against women and minors. It also enhanced the punishment for penetrative sexual assault under the Pocso Act, extending it to the death penalty.

A significant amendment introduced under the Bill was the inclusion of Section 354E to the IPC, criminalising sexual harassment through intimidation or offensive communication, including online threats. Offenders could face up to two years in prison and fines of up to Rs 100,000. 

The Bill also imposed obligations on social media platforms and mobile data companies to cooperate with investigations into sexual crimes, requiring them to provide necessary data within three working days or face fines of up to Rs 2.5 million and imprisonment for up to three months.

Moreover, the Bill barred anticipatory bail for the accused in cases involving acid attacks, rape, and gangrape, and limited bail to sessions courts or higher judicial bodies.

Concerns and delays
 

Despite its tough stance, the Shakti Bill faced significant criticism. Legal experts, along with child and women’s rights groups, voiced concerns that the introduction of capital punishment could have unintended consequences, potentially discouraging victims — especially those who know their assailants — from reporting crimes. They argued for the effective enforcement of existing laws rather than introducing harsher penalties.

The delay in the Bill’s implementation has been attributed to procedural requirements at the Central level. Maharashtra’s State Home Minister Devendra Fadnavis informed the Assembly that the Union Home Ministry had requested clarifications on certain aspects of the Bill. He further explained that such special laws often require amendments to central laws, necessitating detailed scrutiny to ensure alignment with judicial precedents set by the Supreme Court and High Courts.