In response to a surge in sexual assault cases across the country, including a distressing incident in Badlapur case involving two minor girls, the Maharashtra Cabinet, led by Chief Minister Eknath Shinde, has decided to review current legal provisions. This review will focus on the Shakti Criminal Laws (Maharashtra Amendment) Act and the Bharatiya Nyaya Sanhita (BNS), 2023, particularly concerning punishments for crimes against women, including the death penalty.
The Cabinet, meeting on Sunday, outlined a plan to analyze the Shakti Act’s provisions, which were passed under the previous Maha Vikas Aghadi (MVA) government. A key issue is the pending Presidential assent for the Shakti Act, which includes severe penalties for crimes against women and children.
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Deputy Chief Ministers Devendra Fadnavis and Ajit Pawar, along with Chief Minister Shinde, emphasized the need for a swift resolution. They highlighted the urgency of reviewing the Shakti Act in comparison to the BNS, which was enacted in July 2023.
Under the BNS, Section 70(2) now mandates the death penalty for gang rape of women under 18 years old. Previously, Section 376DB of the IPC provided for the death penalty only for gang rape of women under 12 years, while Section 376DA covered those under 16 but above 12 without specifying the death penalty.
Section 65 of the BNS consolidates these categories, streamlining the legal framework for better clarity and enforcement.
The Cabinet has decided to seek Presidential assent for the Shakti Act after a thorough comparison with the BNS provisions. Additionally, the administration has been directed to stay vigilant and expedite the processing of such cases. This includes conducting fast-track trials for severe cases and ensuring prompt police action in reporting and handling these crimes. The one in Badlapur is a an example.
In response to the outcry over the Badlapur case and criticism from opposition parties, the Cabinet has unanimously agreed to push for a death penalty in this specific case and other similar cases. They have also mandated that the police promptly register cases of sexual abuse and take immediate action against those involved.
This approach aims to address and curb the rising incidents of sexual violence and ensure that justice is served efficiently.