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Rape is considered one of the most heinous crimes in humankind and the fourth most common crime against women. India has been acknowledged as the kind of “countries with the lowest per capita rates of rape”. The crime cases are increasing day by day after several incidents received widespread media attention and triggered local and public protests nationwide. Similarly, a major incident happened with an Indian girl named Disha. This led the Andhra Pradesh government to reform its penal code for the crime of rape. This article will spread its wings on the key highlights of the Andhra Pradesh Disha bill.
The Horrible Incident
On November 27, in Hyderabad, a veterinarian was brutally raped and murdered named Disha. Allegedly, she was kidnapped by four men who wanted to help her fix her bike’s flat tire. Her body was found at an underpass near Shadnagar on the NH-44 burnt around 30km away. Several inquiries revealed that the four people pre-planned this incident by puncturing the tire of her bike.
The nationwide protests triggered people to demand justice. The four accused were arrested, and on the morning of December 6, the Cyberabad police shot all of the 4 accused in an encounter. Statements were given that they tried to escape from the police and attack the police force while investigating the crime scene.
After three days after the encounter, the Chief Minister of Andhra Pradesh, YS Jagan Mohan Reddy, delivered an extremely painful speech on the assembly floor and hailed the Telangana government and the Chief Minister K Chandrasekhar Rao. In the ongoing assembly session, he also promised to table legislation to ensure the speedy disposal of cases of crimes, especially against women. He also ensured stronger punishment for the criminals in the incoming future.
Key Highlights of Andhra Pradesh Disha Bill
The following key highlights of the Andhra Pradesh Disha bill are mentioned, and the facts how Disha Bill is different from present Legislations or existing laws:
Women & Children Offenders Registry: A women and children offenders registry is established, maintained and operated by the Andhra Pradesh Government in an electronic form. Authorities will make public of this registry, and it will be available to the law enforcement agencies.
Punishment of Death Penalty: Exclusive punishment is the death penalty in cases related to the rape or gang rape and brutal murder of a woman where there is sufficient conclusive evidence. Previously, it was limited to life imprisonment or death sentence.
Reduces the judgment period: The judgment should be pronounced in twenty-one working days from the date of the offence in the rape crimes cases with proper sufficient conclusive evidence. Previously, as per the Nirbhaya Act, 2013 and according to the Criminal Amendment Act, 2018, the judgment period was 4 months. Two months will be dedicated to the investigation period and two months to the trial period.
Punishment for sexual offences against children: The bill resonates with life imprisonment for sexual offences against children. Previously according to the POCSO Act. In 2012, the punishment ranged from three years to seven years of imprisonment.
Harassment of women through social media: In cases of women harassment through digital modes such as email, social media, or any other form, the guilty must be punishable with imprisonment. According to the Indian Penal Code, there was no such provision before.
Investigation Related Provisions: The key highlights of the Andhra Pradesh Disha act ensure speedy trial. Each district of the State should have exclusive special courts. These courts will deal with crimes against women and children exclusively, including rape, acid attacks, voyeurism, social media harassment, stalking of women and all cases under the POCSO Act. Also, special police and public prosecutors in the special courts are included, which did not exist before.
The disposal of rape cases’ appeals was reduced to three months: Previously, the period for disposal of appeal cases relevant to the rape cases against children and women was six months. In the Andhra Pradesh Disha Bill, 2019, the appeal period for the disposal of rape cases against women and children has been reduced to three months. These amendments are being written in Section 374 and section 377 of the code of Criminal Procedure Act, 1973.
Conclusion
According to a 2019 report of the National Crime Records Bureau (NCRB), more than 32000 rape cases were registered across the country, or an average of 88 cases daily. In 94.2% of cases, the crimes were committed by perpetrators known to the victim. The Andhra Pradesh Disha Bill, 2019, i.e. Andhra Pradesh Criminal Law Bill 2019, was introduced on December 6, 2019, for death sentences for rape offences, gangrape offences. Swati Maliwal, Delhi commision of women chief, had written a letter to our Prime Minister Narendra Modi stating the act and demanding effective, immediate implementation in the entire country.
