Kill Shakti bill, it negates definition of rape: Maharashtra women’s groups

MUMBAI: More than 30 women’s organizations and over 70 activists on Saturday dashed off a letter of protest to CM Uddhav Thackeray against the Shakti Bill, 2020, in Maharashtra over some of its provisions which they fear are a “step back for women’s rights” and would “negate the very definition of rape.”
The prominent objection is to a proposed amendment to the definition of rape itself under Section 375 of the Indian Penal Code.The bill seeks to add an ‘explanation’ that when adults are involved and the circumstances point to ‘consent or implied consent,’ a presumption of consent will be made. It negates the entire definition of consent under the law, said the letter signed by prominent activists, including senior advocate Indira Jaising, Mahrukh Adenwalla, Asha Bajpai, Veena Gowda, Meena Seshu, Kamayani Mahabal, Sandhya Gokhale and Nandita Shah.

The Maharashtra Shakti Bill and the accompanying bill for Special Courts and Machinery for Implementation of the Shakti Bill were recommended by a four-member special committee appointed by the state, on lines similar to the Andhra Pradesh Disha Act of 2019. The activists say that they received a copy of the bill on December 10.
The bill “feeds into patriarchal construction of consent and conduct of women,” they said. “In a lot of rape cases, accused take the plea of consent and with such explanation, it will be impossible for prosecution to establish rape.”
The proposed death penalty for rape, gangrape and under Pocso will be “counter-productive,” they noted.
The certainty of punishment rather than its severity works as a deterrent, they said. A death sentence may in fact “endanger lives of rape survivors” as there will be no difference between punishment for rape and murder.
Organizations like the Urja Trust, Stree Vani, Maharashtra, Stree Mukti Sangathna, Mumbai, Akshara, Akhil Bharatiya Janwadi Mahila Sangathna, Awaaz-e-Niswaan, Mumbai, Majlis and Forum against Oppression of Women in Mumbai have also signed the letter. They expressed “shock” at “such a draconian legislation being introduced in the name of curbing widespread violence against women and girls.”
One provision under the bill is to punish those filing false rape cases to extort, threaten or defame the accused. But women activists say this is “concerning” as it “perpetuates patriarchal notions of viewing women with suspicion.”