21 days for probe, death for rape-grievous injury: What’s in Bengal’s Aparajita Bill to be tabled today

Rocked by protests by junior doctors and masses over the rape and murder of a 31-year-old postgraduate trainee doctor at the state-run RG Kar Medical College and Hospital, Mamata Banerjee-led West Bengal government will table anti-rape bill, named the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024 in the Assembly on Tuesday.

The newly drafted anti-rape Bill of the West Bengal government proposes death penalty, or capital punishment, for rape convicts if their action lead to victim’s death or leave her in a vegetative state.

The Bill also proposes a life sentence without parole for those convicted of rape and gangrape.

What West Bengal anti-rape Bill seeks?

The Bill will seek to amend the Bharatiya Nyay Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita and parts of the Pocso Act of 2012.  

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The Section 64 of BNS, which is now in force, punishes rape with prison terms from 10 years to life. BNS Section 66 has the death penalty for rape and murder and rapes where survivors exist in a vegetative state though this section also allows for a 20-year prison term or life imprisonment.  

The draft Bill aims to create a safer environment for women and children in West Bengal.  

A two-day special session of the West Bengal Assembly has been convened by the state government in the wake of the rape and murder of the doctor at RG Kar Hospital in Kolkata.

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What West Bengal’s Aparajita Bill proposes?

1 - The Bill proposes non-bailable arrest of accused in rape cases and “imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, or with death and fine."

2 - Death and fine for offence of rape and inflicting injury which causes death or causes the woman to be in a vegetative state.

3 - West Bengal’s anti-rape bill also proposes longer prison terms for disclosing a rape survivor’s identity. It demands three to five years instead of the BNS punishment of two years.

4 - It also proposes three to five years in jail for printing or publishing any matter regarding court proceedings without permission.

5 - The Bill also proposes changes to the investigation and prosecution process, requiring rape case investigations to be completed within 21 days of the initial report, with a possible extension of up to 15 days.

6 - It also suggests the establishment of a ‘Special Task Force’ at the district level, called ‘Aparajita Task Force’ which will be headed by a deputy superintendent of police, to investigate offences under the new provisions.

7 - The amendments also seek to establish fast-track courts for such cases. “To expedite investigations and ensure swift justice for victims, this Bill establishes a dedicated special court and investigation team. These specialised units will be equipped with the necessary resources and expertise to handle cases of rape of women and sexual offences against children efficiently, effectively and timely, thereby minimising the trauma experienced by victims and their families,” the draft Bill mentions.

Tomorrow, the @MamataOfficial-led GoWB will introduce the APARAJITA Women & Child (West Bengal Criminal Laws Amendment) Bill 2024 in Vidhan Sabha.

This new anti-rape bill aims to amend existing provisions in the Bharatiya Nyaya Sanhita (BNS) & seeks the DEATH PENALTY for RAPE &… pic.twitter.com/UjopQFINmS

— Nilanjan Das (@NilanjanDasAITC) September 2, 2024

The West Bengal government believes that by maximising the punishment in such cases, the proposed Bill shall deter such deplorable acts and ensure that perpetrators face exemplary and severe consequences for their crimes.

West Bengal Chief Minister Mamata Banerjee had last week said that government in the state led by her party, Trinamool Congress, has zero tolerance for incidents of rape, adding that an amendment to the existing laws will be passed in the state Assembly to ensure capital punishment to convicted rapists. She even threatened a dharna outside the Raj Bhavan if the West Bengal governor delayed in giving assent to the amended Bill or forwarded the same to the president for ratification.

Will Mamata Banerjee be able to get anti-rape bill passed in Assembly?

The Bill which will be tabled by state Law minister Moloy Ghatak is expected to see a smooth passage given that the TMC has the support of 223 MLAs in the 294-member West Bengal Assembly.

However, it is worth mentioning that the Bill getting cleared in the West Bengal Assembly does not mean it can be implemented immediately. It is on the concurrent list, which means the bill will have to first get approval from the state governor and then from the president.