GUWAHATI: The West Bengal Legislative Assembly on Tuesday, September 3 unanimously passed the anti-rape Bill moved by the Mamata Banerjee-led government.
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Titled the ‘Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024’, the proposed legislation was introduced during a special session of the state Assembly.
Chief Minister Mamata Banerjee hailed the bill as “historic” and “model,” dedicating it to the memory of the 31-year-old victim of rape and murder at the R G Kar Medical College and Hospital in Kolkata.
Banerjee emphasised the bill's potential to close gaps in existing central legislation. She said, “Rape is a curse against humanity, and we require social reforms to prevent such atrocities.” She urged Leader of Opposition and BJP leader Suvendu Adhikari to advocate for the bill’s prompt assent from Governor CV Ananda Bose.
The Bill seeks capital punishment for persons convicted of rape if their actions result in the victim's death or leave her in a vegetative state.
“It is a testament to the state's unwavering commitment to uphold the fundamental rights of its citizens, particularly women and children, and to ensure that heinous acts of rape and sexual offences against children are met with the full force of the law,” reads the Bill.
The Bill came in the wake of the rape and murder of a post-graduate trainee doctor at the state-run RG Kar Medical College and Hospital.
Capital Punishment:
The Bill proposes "to create a safer environment for women and children" in the state. This will be done by enhancing the prevalent penalties for rape as laid down in already existing laws to ensure that the punishment is made more stringent, according to legal news website Live Law.
One of the significant provisions of the Bill is the introduction of capital punishment for individuals convicted of rape in cases where the victim dies or the crime causes the victim to enter a vegetative state.
Amending BNS, 2023:
The Bill proposes to amend provisions of the newly passed Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and the Protection of Children from Sexual Offences (POCSO) Act, 2012 in their application to the state of West Bengal to ‘enhance punishment and to constitute the framework for an expeditious investigation and trial of the heinous act of violence against women and children.’
Life Term:
The Bill proposes that those convicted of rape and gang rape will be sentenced to life imprisonment, defined as imprisonment for the remainder of the life of the person found guilty of the offence. For repeat offenders, the Bill proposes life imprisonment or death sentence, in serious cases, along with a fine.
Swift Investigation:
The Bill has proposed that the investigation into the rape cases must be completed within 21 days of the initial report. The present law stipulates a two-month deadline for probe completion.
“If it is not possible to complete the investigation within the period of 21 days from the date of information recorded by the officer-in-charge of the police station, then the said period can be further extended not exceeding 15 days by any police officer not below the rank of superintendent of police or equivalent, after recording the reasons in writing in the case diary maintained under Section 192 of the Bharatiya Nagarik Suraksha Sanhita, 2023,” reads the Bill.
Fast-track Courts:
The Bill has proposed the establishment of dedicated special courts and investigation teams. These special units will be equipped with the necessary resources and expertise to handle cases of rape and sexual offences against children effectively and timely, thereby minimising the trauma experienced by victims and their families, reads the Bill.
Special Task Force:
The Bill also proposes the establishment of a district-level ‘Aparajita Task Force’ to investigate cases of rape or atrocities on women and children. The task force will be headed by a deputy superintendent of police.