Days after the horrifying death of 31-year-old trainee doctor at RG Kar Medical College and Hospital in Kolkata, the West Bengal government on Tuesday passed the anti-rape bill in a special assembly session.
The ‘Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024’ was introduced in the House by TMC leader and state Law Minister Moloy Ghatak.
The Mamata Banerjee-led government had called the special session to pass the Bill that 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.
Some of the provisions of the Bill are:
Capital Punishment
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.
Life Imprisonment
For cases of rape and gang-rape, the anti-rape Bill proposes that those convicted will be sentenced to life imprisonment, defined as imprisonment for the remainder of the individual’s natural life. Additionally, for repeat offenders—those who have committed similar crimes in the past—the punishment will also be life imprisonment or, in severe cases, the death penalty along with a financial fine.
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 (POSCO) 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.’
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.
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.
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