Methodology
Literature review
Important provisions of the act
Critical analysis of the act
Conclusion
Abstract
The Andhra Pradesh Assembly enacted the Disha Bill, 2019, after being shaken by a horrendous and violent rape on the outskirts of Hyderabad that shook the entire country and made legislators recognise the necessity for severe and rigorous legislation for the punishment of rape and other sexual offences. The name of the bill comes from the victim’s given name, a veterinary doctor who was raped and murdered in the incident. This Bill, also known as the Andhra Pradesh Criminal Law (Amendment) Act, 2019, intends to enhance the laws relating to crimes against women and children in the Code of Criminal Procedure (CrPC), 1973, for “heinous offences of rape,” and the Indian Penal Code, 1860.This Act allows the State Government to form a special police team to investigate the offences, which will be led by a deputy superintendent of police-rank officer. This Act establishes one or more special courts to expedite the prosecution of certain crimes against women and children.
Key words
Disha act, sexual offences, crime against women, punishment, Andhra Pradesh.
Introduction
Rape is India’s fourth most common crime, but it’s also one of the most underreported. Because of the slow and unreliable legal system, the victims opt out of the process. It is frequently asserted that the legal gaps in our system make it simple for perpetrators of such crimes to get away with their actions.The Disha Act of 2019 is a contribution to a veterinarian. On November 27th, she was raped and murdered in Hyderabad. The four men allegedly kidnapped her, and her body was discovered 30 kilometres away on the NH-44. According to the investigation report, the accused planned the incident ahead of time. Those accused met on the morning of December 6th while attempting to flee the police.
The Disha Bill seeks to make the process of dispensing justice more efficient. It calls for the inquiry to be completed within seven days of receiving the report, and the trial to be held within 14 working days. The new law would ensure that justice is given within three weeks of the occurrence of the crime, as opposed to the previous four-month time limit set by the Criminal Law (Amendment) Act/Nirbhaya Act, 2013.[1]Andhra Pradesh became the first state to enact a law granting capital punishment to those convicted of specific crimes against women and speeding up the trial of those cases within 21 days of the crime, just days after the rape and murder of a 26-year-old veterinarian in Hyderabad, which sparked a national outcry.
She was allegedly abducted by four males who promised to assist her fix a flat tyre on her bike. The woman’s body was burned in an underpass on NH-44 near Shadnagar, roughly 30 kilometres away. According to investigations, the four staged the kidnapping by puncturing her vehicle’s tyre.
The four accused were arrested amid nationwide demonstrations demanding justice for the victim. In an incident on the morning of December 6, Cyberabad police shot all four suspects, stating they were attempting to fight officers while they were reconstructing the murder scene.
Objective
The disha act has come into force to ensure a speedy trail and also ensure justice to the victims as soon as possible. This papers aims to examine the provisions , how they are helpful in combating the present situation and what are drawbacks and why is it important for such a law to exist.
Research methodology
A mixed methodology comprising secondary and doctrinal research with critical analysis of the existing literature on Disha act is done.
Literature review
- Disha Bill, 2019: Deterrence for Sexual Offenders? By yash jain. This papers gives us the background to the act and examines it’s provisions deeply and it also analysis whether the act is enough to stop atrocities against women and what are the challenges in this act.
- Andhra Pradesh Assembly Passes Disha Act By Mr singh. In this e-journal it talks about the salient features of the act and its importance.
- Disha Act, the new law of Andhra Pradesh By Meera Patel– blog- It explains all the important provisions of the act and also critically analysis the act, it also compares the situation before and after this act and how it has a few challenges before it become a law that can make impact.
IMPORTANT PROVISIONS OF THE ACT
According to the Disha Act, investigations into sexual offences must be completed within seven working days of the date of record, and trials must be completed within 14 working days of the date of filing the charge-sheet. An appeal against a penalty imposed under the new law must be resolved within six months.
It calls for the investigation to be completed in 7 days and the trial to be held in 14 working days if there is sufficient conclusive evidence, bringing the entire judgement time down to 21 days from the current 4 months. The Act also mandates the death penalty for rape offences where sufficient irrefutable evidence exists, and this provision is made by altering Section 376 of the Indian Penal Code (IPC) of 1860.[2]
The Act stipulates a two-year sentence for the first conviction and a four-year sentence for the second and subsequent convictions in cases of social/digital media harassment of women. In the IPC, 1860, a new Section 354 E will be included for this purpose.It also mandates life imprisonment for other sexual offences against children, and incorporates Sections 354 F and 354 G of the IPC for this purpose.
The state of Andhra Pradesh will now create, run, and maintain an electronic register known as the ‘Women & Children Offenders Registry.’ This registry will be made public and will be accessible to law enforcement departments throughout the country.
Introducing women and children offenders registry:
The Women and Children Offenders Registry is a database of women and children who have committed crimes.
The Andhra Pradesh government would establish, run, and maintain an electronic registry named the ‘Women & Children Offenders Registry’ under the Andhra Pradesh Disha Bill, 2020. This registry will be made public and law enforcement authorities will have access to it.[3]
Reducing the time it takes to resolve rape cases from three months to three months
The period for deciding appeal cases has been decreased to three months under the Disha Act, 2020.
Sections 374 and 377 of the Code of Criminal Procedure Act, 1973, have been amended.
Exclusive punishment of death penalty for rape crimes
Under current laws, the guilty offender faces a life sentence or, in exceptional situations, the death penalty. The government of Andhra Pradesh has only handed death sentences for rape offences if there is sufficient evidence. The Indian Penal Code, 1860, and the Code of Criminal Procedure, 1973, both have provisions to alter section-376.
Reducing the judgment period to 21 days:
According to the Nirbhaya Act of 2013 and the Criminal Amendment Act of 2018, the current judgement time is four months (two months of investigation period and two months of trial period)
In situations of rape offences with considerable conclusive evidence, the verdict would now have to be rendered in 21 working days from the date of the offence, according to the Andhra Pradesh Disha Act .
The inquiry must be completed in seven business days, and the trial must be concluded in fourteen business days.[4]
Sections 173 and 309 of the Code of Criminal Procedure Legislation, 1973, as well as the addition of new sections in the act, have been amended to achieve this.
Punishment for harassment of women through social media
In times of an ever increasing rate of social media crimes, the AP government tried to address this concern. In the world of technology, the offence may not just be committed physically but also virtually through social media.Harassment of women on social media, for example, is punishable.
Even though there is no such provision in the Indian Penal Code, 1860, harassing texts via social media, Facebook, emails, or by any other forms of digital harassment would be punished with imprisonment. For the first conviction, the sentence may be increased to two years, and for the second conviction, it may be increased to four years.
Rigorous imprisonment for sexual offenses against children
Offenses such as harassment or sexual assault are punishable by imprisonment ranging from three to seven years under the Protection of Children from Sexual Offenses Act, 2012. Sexual harassment of children, for example, is punishable by life in jail under the new law.[5] Sections 376E, 376F, and 376G of the Indian Penal Code, 1860, have been grouped under “sexual assault on children.”
Every district in Andhra Pradesh has its own special court.
To ensure a swift trial, special courts deal with instances involving crimes against women. The state of Andhra Pradesh has ordered that special courts be established in each district. Rape, gang rape, acid attacks, stalking on social media, and harassment are all crimes against women and children. “Andhra Pradesh Special Courts for Specific Offenses against Women and Children” were also formed by the state government of Andhra Pradesh.[6]
The establishment of a special police force
A special police squad, led by the DSP, would be established to investigate only crimes against women and children. For each special court, the government will appoint a special public prosecutor.
Disha app
When a woman or girl in difficulty shakes the phone that has the Disha App, the Disha app, designed by the Andhra Pradesh police’s technological services division, sends an alarm to the Disha control centre. The programme also offers another method of requesting assistance: the victim can push a button on the phone, but if that is not possible in an emergency, the victim can send an alarm to the police by merely shaking the phone five times. The technicians in the Disha control room will then notify the police officers on the scene. Using GPS-equipped vehicles, police will respond to the scene and aid the person who is in danger or is about to go into trouble.[7]
Ground report after implementation of the act
Andhra Pradesh Chief Minister YS Jagan Mohan Reddy orders the recruitment of 13 new Public Prosecutors, a DSP, SI, and four support staff for each of the 18 women police stations, as well as two new forensic labs to provide the necessary infrastructure. He has sanctioned Rs. 2 crores to enable the new law, and he also stated that forensic laboratories will be created near the state police headquarters, as well as new ones in Visakhapatnam and Tirupati, to achieve better results.
CRITICAL ANALYSIS OF THE ACT
Despite the public, police, and judiciary intervening in the Nirbhaya case in 2012, the trial took nine months. According to the Andhra Pradesh Disha Act of 2019, the inquiry must be completed within seven days and the trial must be completed within fourteen days. This time limit is a limited window of opportunity to identify the culprit and fulfil all legal duties under the Code of Criminal Procedure, 1973, including a fair trial and the Indian Evidence Act, 1872.
The Disha Act, 2019, was triggered in response to the gruesome murder and rape of a veterinary doctor in Hyderabad. This horrible crime was met with widespread outrage. As a result, the incident sparked debate in both Houses of Parliament. The parliamentarians have been mute on the issue of women’s safety since the publication of the “Thomson Reuters Foundation Report.” According to records, India is the most unsafe country for women on the planet. The study was utterly dismissed by the central government.[8]
The already overworked legal system will be unable to handle the additional weight imposed by the new law’s passage. The sheer volume of trial cases consumes all of the judiciary’s attention; for example, there are 60 lakhs pending cheque bounce cases, and more than 3 crores cases pending before the Supreme Court. There isn’t enough room in jails to house any more inmates.On the other hand, the judiciary’s power has been questioned as a result of certain phoney encounters. Fake encounters are a clear indication of the court system’s machinery. The police take advantage of the authority they have been given. Criminal motives have multiplied under such settings. As a result, the police force is likewise overwhelmed; as a result of the Disha Act of 2019, both the judiciary and the police will be overworked.
The bill only allows for the death penalty if conclusive evidence is produced against the defendant, effectively ending the sentence. But the lawmakers left ambiguity in the term “adequate conclusive evidence” as Indian laws provide punishment only in case guilt is proven beyond reasonable doubt. The bill fails to define the phrase, which will make it difficult to determine what will be considered conclusive and adequate proof and what will not qualify for this mark in court.[9] The question of whether demonstrating assault on victims alone is sufficient or whether the technicalities of the attack must also be proven remains unsolved.
The POCSO Act of 2012 set a one-year trial period for sexual offences, but a survey found that the majority of cases in Delhi courts are resolved in two to three years, and the scenario is similar in most courts across the country. The issue is that there is no system of checks and balances in place to examine the performance of the courts in enforcing the laws. After the Bill has been passed and enacted, it is up to the courts to guarantee that enforcement is carried out smoothly and consistently. But what if the court takes too long or refuses to apply the law’s provision? This will result in indirect unfairness, as the victims will suffer as a result of the Court’s slow and sluggish functioning.
It decreases the investigation time to just one week, which is ludicrous given the country’s police system’s efficiency. Rape and other sexual offences are horrible crimes that deserve thorough investigation. According to a report, there has been a shortage of investigators since the passage of the POCSO Act in 2012, and even if investigators are made available, investigating such a crime within a week will be an immense burden, resulting in a hasty trial.Furthermore, the act’s provisions for establishing special courts for expedited justice delivery are debatable, given the situation of similar provisions under the Act of 2013. With a backlog of cases and a shortage of judges, the goal of resolving cases through special courts remains a distant dream.Instead, the act could have continued with provisions for a fast track court, which would allow special benches to take up urgent cases.[10]
A special public prosecutor is also to be appointed under the provisions of the act. A similar clause was drafted twelve years ago under the Domestic Violence Act of 2005, but it proved unsuccessful due to the courts’ faulty execution. As a result, the new act faces a number of challenges before it can be hailed as a game-changer in the fight against sexual offences.[11]
The AP Disha Act, on the other hand, is a significant step toward a more effective and efficient justice system. With more incidents being reported, this act has the ability to assure quick resolution, which will encourage many more victims to come forward and report the crime. In all sexual offence cases in India, the conviction rate was barely 25% on average. The majority of the defendants are acquitted due to a lack of evidence. By crafting procedures to ensure that conclusive evidence is found against the criminal, this act attempts to meet the requirement for deterrent in the law.
In response to the Disha Act, Maharashtra’s State Home Minister, Mr. Anil Deshmukh, of the NCP, suggested that the government should strive to introduce such a measure. He stated his case. “We’re looking into replicating these in Maharashtra, too.” The Disha Act, 2019, has also attracted the attention of Delhi and Odisha. Telangana CM K.Chandrasekhar was also lauded by CM Jagan Mohan Reddy.
CONCLUSION
It has been found that 390 cases have already been filed in accordance with the law. Authorities claim that chargesheets were filed in all of these cases within seven days, and convictions were obtained in 74 of them. Three instances received the death penalty, five received life sentences, and two received a 20-year sentence. The prisoners were sentenced to ten years in five cases, over seven years in ten cases, and less than five years in the other cases.With more incidents being reported, this act has the ability to provide a quick resolution, which will encourage many more victims to come forward and report the crime. The problem is in the enforcement of the laws as there is no system of checks and balances which can review the performance of the courts. Once the Bill has been passed and enacted, the responsibility is on the courts to ensure that enforcement is done smoothly and steadily. But what if the court delays or ignores to apply the provision of the law? This will result in indirect injustice, in which due to the Court’s lethargic and sluggish functioning, the victims suffer injustice.The Disha Act, is an important enactment in light of today’s rising crime rates, such as rape, gang rape, and other crimes against women and children. To make India a rape-free society, all states should enforce such laws. Hopefully they implement it properly and see to it that justice is served with the stipulated time period because the introduction of a new law is just the beginning of the battle against crime against women as we have seen many laws being introduced but never being implemented properly, the real battle starts now as to how seriously they are going to implement it and if it can be a law that makes a difference in the society and if it can reduce the crimes committed against women.
Submitted by Meghna Srinivas
VI Sem, B.A.LLB (Hons), DSNLU
[1] Yash Jain,Disha Bill, 2019: Deterrence for Sexual Offenders?, Research gate, Pg 1, January 2020..https://www.researchgate.net/publication/341113380_DISHA_BILL_2019_DETERRENCE_FOR_SEXUAL_OFFENDERS/citation/download, last accessed 8 june.
[2] Rahul V Pisharody,Disha Bill: What are the highlights of Andhra Pradesh’s new law?,december 14, 2019https://indianexpress.com/article/explained/andhra-pradesh-assembly-passes-disha-bill-hyderabad-doctor-rape-murder-6165636/. last accessed June 9, 2022.
[3] Rahul V Pisharody,Disha Bill: What are the highlights of Andhra Pradesh’s new law?,december 14, 2019https://indianexpress.com/article/explained/andhra-pradesh-assembly-passes-disha-bill-hyderabad-doctor-rape-murder-6165636/. Last accessed June 9,2022.
[4] Diva Rai,All you need to know about the Disha Act January 15, 2021,https://blog.ipleaders.in/all-you-need-to-know-about-the-disha-act/ Last accessed June 10,2022.
[5] Ibid
[6] Ibid
[7] Women & Children Safety Initiatives,https://vikaspedia.in/aspirational-districts/andhra-pradesh/vizianagaram/best-practices/women-children-safety-initiatives,last accessed June 11,2022.
[8] Meera PateDisha Act, the new law of Andhra Pradesh,December 27, 2020,https://blog.ipleaders.in/disha-act-the-new-law-of-andhra-pradesh/,last accessed June 11,2022.
[9] Ibid
[10] Ibid
[11] Supra note 1