The Disha Act 2019 initiative by the Andhra Pradesh (AP) Government is certainly a point of discussion among the States to enforce such strict law to protect women and children from heinous crimes.
The States like Maharashtra and Odisha are also planning for a similar kind of legislation for them. Last year, a delegation from the Mahila Adhikar Abhiyan met the Governor of Odisha, submitted a memorandum and demanded a new rape law like AP’s Disha Act’ for speedy conviction of rape accused. The delegation also briefed that the situation in Odisha is worse and immediate initiatives are required to prevent such crimes. The last few years of data show that rape cases have steadily increased in Odisha from 2013 to 2019.
In the 7 years the number of rape cases reported is 1,832 in 2013, 2,021 in 2014, 2,286 in 2015, 2,144 in 2016, 2,221 in 2017, 2,502 in 2018, and 2,950 in 2019. Apart from this, 1,212 rape cases were reported in the initial six months (Jan –June) of 2020, despite of lockdown (Covid-19) across the Odisha.
No doubt the speedy trial of criminal cases is the need of the hour. However, to succeed on the speedy trial in 21 days, better infrastructure and logistics are required to be put up by the State. The contradiction between the ‘Right to Speedy Trial’ versus ‘Right to Fair Trail’, as both the rights are inalienable and inherent rights under the ‘Article 21’ of the constitution of India needs to be marked.
It’s really a challenge for the Act/judiciary to choose a way to deliver fair justice. This apart, the State has to ensure fair justice system by maintaining ‘fair arrest’, ‘fair chance for defend’ and ‘fair trail system’ in order to complete investigation and judicial trial on pressure.The ‘right to appeal’ in Indian judiciary and ‘clemency petitions’ before the President need to attract attention that stands against the speedy trial concept of AP Disha Act 2019.
The Act is unclear on the words like ‘heinous’, ‘conclusive evidence’ and ‘circumstances’ and it presumes the act will interpret the same on a case-by-case basis. Similarly, the Act is silent on ‘witness protection scheme’, compensation to the victim from the fund like ‘Nirbhaya Fund’.
After all such discussions on the ‘AP Disha Act 2019’, the AP State’s clear motive cannot be ignored which is to lessen the heinous crime and also to ensure a speedy justice delivery system. Therefore, while the State of Odisha is going to frame any such law, it should keep in mind the above issues and should adopt a strategy in order to lessen such heinous crimes as it violates the core principle of ‘Right to Life’ under the Article 21 of the Constitution of India.
The Odisha Government cannot ape the law of AP anyway. It has to set up proper mechanism to find the unreported sexual violence; take action on huge pending rape cases; make provision to keep political influence and interference at bay so that investigation doesnot go awry and take steps to set up more women police stations etc.
Besides, much needs to be done to change the mindset of society that considers women as ‘second-class’ citizens. Patriarchal attitude of our society and ‘gender bias’ are the areas which are to be looked into seriously.
A greater need of advocacy, empowerment, counselling, proper education and awareness drive, interventions in conflict relationships and home visit are a few additional steps to be taken in order to control sexual crime against women. Last but not the least, the enacted legislation by the State must ensure that it should not contradict with the Central laws. The recent plan of setting up ‘24 Special Court’ by the Government of Odisha, to deal with minor cases registered under the Protection of Children from Sexual Offences (POCSO) Act, 2012 is no doubt a welcome step.
(The writer is Assistant Professor (Law), Xavier Law School, Xavier University, Bhubaneswar. biranchi@xub.edu.in/bnppanda2019@gmail.com; Phone: 9078879450/9953079450)
