'Andhra Pradesh govt yet to provide clarifications': MHA clears air on pending Disha Bill

On Tuesday, the Ministry of Home Affairs cleared the air on the pending assent of President Ram Nath Kovind to the Andhra Pradesh Disha (Special Courts for Specified Offences against Women and Children) Bill. This legislation was enacted by the state Assembly in the wake of the brutal rape and murder of Disha, a doctor in Hyderabad on November 27, 2019. Essentially, it enables stricter punishment and speedy trial of cases involving offences against women and children. Union MoS Home Ajay Kumar Mishra revealed that the AP government was yet to provide clarifications on the queries sought by the Centre. 

In response to TRS MP Kuruva Gorantla Madhav, the MHA noted, "The Andhra Pradesh Disha (Special Courts for Specified Offences against Women and Children) Bill, 2020 has been received for assent of the President of India. As per practice, Bills received from States for assent of President are processed in consultation with the nodal Ministries/Departments. Accordingly, the consultation process with various Ministries/Departments concerned with the Bill has been initiated. Comments/ Observations received from these nodal Ministries/ Departments have been shared with the Government of Andhra Pradesh for their clarifications. The clarifications from State Government have not been received." 

Contours of the Disha bill

As per the AP Disha Bill, the Andhra Pradesh government will establish, operate and maintain the ‘Women & Children Offenders Registry’ which shall be available to law enforcement agencies. It has prescribed the death penalty in rape crimes where there is adequate conclusive evidence by amending Section 376 of the Indian Penal Code. Moreover, it stipulated that exclusive special courts will be established in each district to exclusively deal with cases of offences against women and children including all cases under the POCSO Act.

The investigation and trial of such cases will have to be completed within 7 and 14 working days respectively. Additionally, the judgment shall be pronounced within 21 working days of the date of the crime. This has been facilitated by amending Sections 173 and Section 309 of the CrPC. Similarly, the legislation amends Sections 374 and 377 to ensure that the appeals are disposed of in a period of three months.

At the district level, a District Special Police Team headed by the DSP will be formed to probe offences against women and children. Another dimension of this bill is that the culprits harassing women through the digital medium will be imprisoned for a term up to two years. With the insertion of new sections- Sections 354F and Section 354G in the IPC, sexual crimes against children shall attract life imprisonment.