Retired Bombay HC Judge objects Death Sentence for Rape as given in Shakti Act

BG Kolse Patil Law Insider

Chaini Parwani

Published On: December 27, 2021 at 10:32 IST

Retired Bombay High Court Judge Justice BG Kolse Patil sternly objected Maharashtra’s Shakti Act that gives out a Death Sentence for Rape.

The State Legislative Council gave its nod to the Bill passed unanimously by the Maharashtra Assembly as the Shakti Criminal Laws (Maharashtra Amendment) Bill, 2020, on Crimes against women and children.

Retired Judge BG Kolse Patil stated “There will be widespread misuse of the Law, especially by politicians to target their rivals. Innocents are likely to be punished which will be a Travesty of Justice.”

Further retired Judge BG Kolse Patil highlighted the need to rethink about awarding Death Sentences as that the Supreme Court itself in the past had erred in more than 10 cases by giving Death Sentences to innocents.

Voicing his fear he said that even though the Government has stated in the Act that registering false Rape Cases could lead to a sentence of three years or a fine of Rs. 1 Lakh, yet the Act did not specify what actually constituted fake Rape Cases.

Furthermore, retired Judge BG Kolse Patil noted “When world over death sentences are being done away with, India is walking on the wrong path while tom-tomming about being the most civilised Country.”

While acknowledging the Government’s stance that it was open for amendments, the retired Judge stated that the Death Sentence should be converted into a Life Sentence.

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