INTRODUCTION
The Andhra Pradesh Disha Act, 2019, a new law introduced by the state’s government, allows for swifter trials, more secure conditions, and harsher penalties for crimes against women. An acknowledgement to a veterinarian is made in the Disha Act 2019. In Hyderabad, India, on November 27, 2019, she was raped and killed. The Andhra Pradesh Assembly passed the Disha Bill, 2019, after being spurred to action by the heinous and brutal rape that occurred outside of Hyderabad and shocked the entire nation. This crime made legislators realise the need for strict laws that punish rape and other sexual offences. According to the law, crimes like rape and gang rape are punishable by the death penalty, and such crimes are subject to 21-day expedited trials. To gather enough evidence and render a decision within a 21-day window, the act envisions investigating within 7 days of submitting a charge sheet, holding a trial within 14 days of that filing, and rendering a verdict within 21 days.
The Andhra Pradesh administration has created provisions for the “Women and Children Offenders Registry,” an online public database of offenders that will also be available to the nation’s law enforcement agencies, even if this record appears to exist only on paper so far. The Bill’s difficulties. The Andhra Pradesh government responded immediately with the Disha Bill, 2019, to stop the injustice done to female and young victims of sexual assaults. By assuring a swift trial, enhanced penalty for violators, and other measures to provide justice, the bill aims to guarantee justice. To bring justice, nevertheless, are these methods sufficient? The POCSO Act, 2012 stipulated that sexual offences would have a one-year trial time, but a survey revealed that most cases in Delhi courts are resolved in two to three years, and this is the case in most courts across the nation. As no system of checks and balances can evaluate the effectiveness of the courts, the difficulty with law enforcement is that laws cannot be enforced.
WOMEN ACTS IN INDIA
1. THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986 1:
The Act prohibits any forms of indecent representation of women in any form of indecent representation through any forms through advertisements or in any forms of copyrighted manner connected therewith or any incident thereafter, where it gives special powers to enter and make any forms of searches which are authorised by the state government, within the local limits of the areas, penalties and power to make rules by the central government by the official gazette.
2. THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 2:
The Act provides protection against any form of sexual harassment of women at the workplace to prevent and redress any complaints of sexual harassment for any matters related to therewith or any incidents concerning, this Act is created to overcome sexual harassment in violation of the basic fundamental rights of the woman to equality under Articles 14 & 15 of the Indian Constitution of India and the basic right to life and to live with dignity under the Article 21 of the Indian Constitution which constitutes the person right to practice any profession or to carry any trade or business which the acts provided the safe environment, free from sexual harassment
3. THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 3:
The Act provides effective protection of rights for women guaranteed under the constitution who are victims of domestic violence of any kind occurring within the family or in relation with the family, connected to which this act provides certain duties to certain Police Officers, Service Providers and Magistrates. The Magistrate can give a victim a Protection Order from the Offender. In which the offences under this Act are Cognizable and non-bailable.
4. THE COMMISSION OF SATI (PREVENTION) ACT, 1987 4:
The Act provides for the more effective prevention of the commission of sati and its glorification and for matters connected there whereas sati or the burning or burying alive of widows revolves along with the feeling of human nature which is an effective measure to prevent the commission of sati and the prohibition of Sati.
5. THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956 5:
The Act which was created from the United Nations’ declaration in 1950 in New York on the suppression of trafficking, focuses intended as means of limiting and eventually abolishing prostitution in India by criminalising various kinds of sex work. Which states the legality of prostitution and the punishment for owning such related establishment or involving any form of prostitution that may be recruitment transporting harbouring or engaging in the form of prostitution.
6. THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT, 2012 6:
The Act which was passed in 2012 to deal with any issues of sexual offences against children, the POCSO Act which spells out the punishments for offences, and also creates a support system which supports the victims and improves methods for catching offenders. It does not matter whether the offender is male or female, both genders are equally punishable under this Act. Which constitutes offences under sexual assault, sexual harassment and child pornography.
7. THE NIRBHAYA ACT, 2013 7:
This Act which was constituted in the Criminal Law (Amendment) Act in the year 2013 where in this act which constitutes the addition of new provisions in the Evidence Act, Indian Penal Code and Criminal Procedure Code. Where the government has taken measures by the central government to curb violence against women.
DISHA ACT 2019
After the Bill is approved and implemented, it is up to the courts to ensure enforcement is carried out efficiently and consistently. What would happen, though, if the court took its time or chose not to follow the law? Indirect injustice will follow from this, where the victims experience injustice as a result of the Court’s tardy and ineffective operation. Additionally, the Bill shortens the investigation’s time frame to just one week, which is preposterous given how effective the police system in this nation is. Due to the horrific nature of rape and other sexual assaults, a thorough investigation is necessary. According to a study, there has been a dearth of investigators since the POCSO Act, 2012, and even if they are made available, it will be a huge burden to investigate such a crime within a week, leading to a hurried trial. The Bill may have followed the precedent set by its forerunner statutes about a one-month point of investigation term for the administration of justice.
Additionally, the Bill’s provisions for creating special courts for delivering justice quickly are still debatable in light of how similar provisions under the Act of 2013 are currently functioning. Considering the backlog of cases and the lack of judges, the Bill’s goal of handling cases through special courts continues to be an unattainable ideal. India already has 19.66 judges per million inhabitants, a staggering judge-to-case ratio that is steadily rising. In light of this, adding another court will merely add to the workload already placed on the existing courts. The Bill might have instead kept its provisions for a fast-track court where urgent cases could be heard by special benches. Additionally, a special public prosecutor may be appointed under the terms of the Bill.
A comparable provision was created under the Domestic Violence Act, 2005, twelve years ago, but it was poorly implemented by the courts and ultimately proved useless. Therefore, before the proposed Bill becomes a ground-breaking step to reduce sexual assaults, it must overcome several obstacles. The AP Disha Bill, 2019, however, is a revolutionary step towards a just and functional justice system. With more cases being reported, this Bill may be able to guarantee a swift resolution, which will protect many of these victims from being afraid to come forward and report the offence. Only 25% of trials involving sexual offences were, on average, found guilty in India. Lack of evidence is a major factor in why the majority of those accused are not found guilty. By creating provisions to ensure that the offender is found to be guilty by clear and convincing evidence, this Bill attempts to satisfy the requirement for a deterrent effect in the law. However, several laws and modifications have been introduced to secure justice, but their actual effectiveness in reducing crime is still up for debate.
Our laws require effective ground-level implementation, and law enforcement organisations need to be held more accountable. The Andhra Pradesh Disha Act, 2019 also amends certain provisions of the Code of Criminal Procedure, 1973 and provides punishment for crimes like sexual assault and harassment against women and children. It also includes Sections 63, Section 64, Section 65,Section 70, Section 75, Section 76 of the Bharatiya Nyaya Sanhita, which define harassment of women, sexual assault on children, and aggravated sexual assault on children. The act gives the state government the right to set up a special police unit under the command of DSP-level officers to look into crimes against women and children. It also gives the state the right to establish one or more special courts for the quick trial of such crimes.
These findings suggest that, if the Disha Bill is implemented effectively, it will surely benefit those who have been the victims of sexual offences.
HIGHLIGHTS OF THE DISHA ACT:
1. INTRODUCING WOMEN AND CHILDREN OFFENDERS REGISTRY 8:
The Disha Act is established under section 8 of The Disha Act, that the state government can establish, operate and maintain the register in any form which may be physical or electronic form which is called as “Women and Children Offenders Registry”. In which the registry has the information which are full details of the persons involved in the “Specific Offence” which has been defined under this Act, where the law enforcement or special police is appointed by the state government. Certain measures taken are undertaken by the state government to create any form of awareness in the general public regarding the establishment of The Disha Act.
2. EXCLUSIVE PUNISHMENT FOR DEATH PENALTY OF RAPE:
By the amendment made in the Disha Act under the statement of objects and reasons that the necessary need to constitute special courts for speedy trials for offences specified against women and children under sections 63, 64, 65, 66, 67, 68, 69, 70, 71, 72 & 73 of the Bharatiya Nyaya Sanhita and the offences prescribed under the Protection Of Children from Sexual Offences Act, 2012 to faster and quick dispose of any cases.
3. ESTABLISHMENT OF SPECIAL COURTS IN THE STATE OF ANDHRA PRADESH:
The provisions made in the Disha Act the special courts 9 are established under this Act to provide the necessary resources for courts to deal with cases against women and to ensure speedy trial, which the Andhra Pradesh government has established under the provisions of the Disha Act. Any of the offences such as Rape, Stalking, acid attacks etc. Where the Judge is nominated by the State Government and appointed by the High Court of Andhra Pradesh.
The Special Court also appoints a Special Public Prosecutor 10 for the cases dealt with under this Act under Section 3 of the Disha Act, Every Person who is appointed as the Special Public Prosecutor is under the provision of Section 18(8)11 of the Criminal Procedure Code.
4. REDUCTION OF THE PERIOD OF APPEAL:
The period of appeal has been reduced from 6 months to 3 months under amendments made in the provisions of Sections 374 and 377 of the Code of Criminal Procedure for the fast disposal of cases and speedy disposal.
5. RIGOROUS IMPRISONMENT FOR SEXUAL OFFENCES AGAINST CHILDREN:
As per the Protection Of Children from Sexual Offences (POCSO) Act, 2012 where any offences related to sexual offences against children, where the offender is punished with 3 to 7 years of rigorous imprisonment, the Disha Act provides life Imprisonment for sexual harassment against children, in Under Bharatiya Nyaya Sanhita the Sections 63, Section 64, Section 65,Section 70, Section 75, Section 76, 12 under the “sexual assault against children”.
6. REDUCING THE JUDGMENT PERIOD TO 21 DAYS:
As per the Nirbhaya Act and the Criminal Amendment Act, 2018, the judgement period was 4 months where it is divided into 2 months of active investigation and 2 months of Judicial Trial. Under the Disha Act, the total Judgement period is at 21working days where it is divided into 7 working days of active investigation and 14 working days of judicial trial which will be added under Section 173 and 309 of the Code of Criminal Procedure, 1973.
CONSTITUTION VALIDITY OF THE DISHA ACT
The Disha Act, 2019 it is the criminal amendment under the state of Andhra Pradesh it is a bill which is introduced for the exclusive special courts for the speedy trial of special offences and any offences against women and children for the matters connected, as it is a special matter which regards to the provisions concerning offences against women and children. The State Government suggested Sections 63, Section 64, Section 65,Section 70, Section 75, Section 76 with strict Punishment for the offences against children and women.
CONCLUSION
The new Disha Act, 2019 mainly focuses on the implementation and rigorous procedures which are under this act as it needs a lot of resources to amend a very sensitive issue and even though we have multiple amendments concerning rape. These laws were introduced for the whole sole purpose of preventive care and completely as a deterrent where it is going to implicate a way for the citizens not to commit crime which leads to a lot of crime, the Disha Act not only acts as a prescriptive method of justice it also works as a preventive and deterrent to make sure that the offences against women and children are not committed.
*****
Footnotes
1. The Indecent Representation of Women (Prohibition) Act, 1986 (1986), http://ncw.nic.in/sites/default/files/TheIndecentRepresentationofWomenProhibitionAct1986_2.pdf (last visited 26th Sept, 2025)
2. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (2013), http://ncw.nic.in/sites/default/files/SexualHarassmentofWomenatWorkPlaceAct2013_0.pdf (last visited 26th Sept, 2025).
3. Protection of Women from Domestic Violence Act, 2005 (2005), http://ncw.nic.in/sites/default/files/TheProtectionofWomenfromDomesticViolenceAct2005_0.pdf (last visited Nov 26th Sept, 2025).
4. The Commission of Sati (Prevention) Act, 1987 (1987), http://ncw.nic.in/sites/default/files/TheCommissionofSatiPreventionAct1987-of1988_0.pdf (last visited 26th Sept, 2025).
5. The Immoral Traffic (Prevention) Act, 1956 (1956), http://ncw.nic.in/sites/default/files/THEIMMORALTRAFFIC%28PREVENTION%29ACT1956_0.pdf (last visited 26th Sept, 2025).
6. India code: Protection Of Children from Sexual Offences Act, 2012 (2012), https://www.indiacode.nic.in/handle/123456789/2079?sam_handle=123456789/1362 (last visited 26th Sept, 2025).
7. The Criminal Law (Amendment) Act, 2013 (2013), http://ncw.nic.in/sites/default/files/The_Criminal_Law_Amendment_Act_2013_0.pdf (last visited 26th Sept, 2025).
8. Bill to Provide Special Provision for Special Courts for Speedy Trial Against Offences Related to Women and Children – Disha Act (2019), https://legislation.aplegislature.org/PreviewPage.do?filePath=basePath&fileName=Bills/PassedBills/Enlish/Eng_passbill_LABILLNO_15_16_13_153_v_1.pdf (last visited 26th Sept, 2025) (Section 8 of the Act).
9. Bill to Provide Special Provision for Special Courts for Speedy Trial against Offences Related to Women and Children – Disha Act (2019), https://legislation.aplegislature.org/PreviewPage.do?filePath=basePath&fileName=Bills/PassedBills/English/Eng_passbill_LABILLNO_15_16_13_153_v_1.pdf (last visited 26th Sept, 2025) (Sec 3-6 of the Act).
10. Bill to Provide Special Provision for Special Courts for Speedy Trial against Offences Related to Women and Children – Disha Act (2019),https://legislation.aplegislature.org/PreviewPage.do?filePath=basePath&fileName=Bills/PassedBills/English/Eng_passbill_LABILLNO_15_16_13_153_v_1.pdf (last visited 26th Sept, 2025) (Sec 7 of the Act).
11. The Bharatiya Nagarik Suraksha Sanhita, 2023 (2023), https://www.indiacode.nic.in/bitstream/123456789/20099/1/eng.pdf (last visited 26th Sept, 2025) (Section 18(8) of The Bharatiya Nagarik Suraksha Sanhita).
12. The Bharatiya Nyaya Sanhita, 2023 (2023), https://www.indiacode.nic.in/handle/123456789/20062 (last visited 26th Sept, 2025).