The West Bengal Assembly has enacted the Aparajita Bill, a crucial piece of legislation, in reaction to the horrifying rape and murder of a 31-year-old doctor at Kolkata’s RG Kar Medical College and Hospital. This bill aims to amend existing criminal laws to impose stricter penalties for rape and child abuse, and it marks a bold step by Chief Minister Mamata Banerjee’s government in the fight against sexual violence. However, before becoming law, it must receive the assent of President Droupadi Murmu, a process that involves both legal and political hurdles.
Key Provisions of the Aparajita Bill
India’s primary criminal law, the Bharatiya Nyaya Sanhita (BNS), is set to undergo a number of severe modifications as a result of the Aparajita Bill. The principal provisions are outlined below:
Enhanced Penalties for Rape Convictions
- Current Law: Under Section 64 of the BNS, a rape convict faces rigorous imprisonment ranging from 10 years to a life term.
- Proposed Amendment: The Aparajita Bill increases this to a sentence of the “remainder of the convict’s natural life” and a fine. In severe cases, the punishment could extend to the death penalty.
The death penalty for rape that results in a vegetative state or death
- Current Law: Section 66 of the BNS prescribes a 20-year prison term, life imprisonment, or death for rape that results in the victim’s death or a vegetative state.
- Proposed Amendment: The Bengal legislation stipulates only the death penalty for such cases, removing the alternatives of a 20-year term or life imprisonment.
Stricter Penalties for Gangrape
- Current Law: BNS provides for a 20-year jail term or life imprisonment for gangrape.
- Proposed Amendment: The Aparajita Bill eliminates the 20-year term option, making life imprisonment or the death penalty mandatory for those convicted of gangrape.
Tougher Measures on Victim Identification
- Current Law: Under BNS, the penalty for publicizing the identity of a sexual violence victim is up to two years in jail.
- Proposed Amendment: The Bill increases this penalty to imprisonment ranging from three to five years.
Enhanced Penalties for Child Abuse
- Current Law: The bill also strengthens punishments related to child abuse as per the Protection of Children from Sexual Offences (POCSO) Act.
Special Courts and Task Forces
- The Bill proposes the creation of special courts to expedite the trial of sexual violence cases and task forces to handle investigations efficiently.
Political Context and Implications
In cases of Acid attacks, GoWB has proposed life imprisonment, fines and deemed it to be a non-bailable offense.
— All India Trinamool Congress (@AITCofficial) September 3, 2024
Bengal stands to secure the safety of women, Bengal stands with the Aparajita anti-rape Bill! #BengalShowsTheWay pic.twitter.com/dRv4yEnHBj
The Aparajita Bill has cleared the Bengal Assembly with support from both the ruling Trinamool Congress and the Opposition. However, its future hinges on receiving assent from President Droupadi Murmu. Given that criminal law falls under the concurrent list, state laws can coexist with central laws if approved by the President. However, given the political rivalry between the Trinamool Congress and the BJP-led Central Government, the bill’s approval is uncertain.
This legislative move by Mamata Banerjee comes amid widespread criticism of her government following the brutal rape and murder case at RG Kar Hospital. The bill appears to be a strategic response to manage public outrage and deflect criticism from the BJP, which has accused her of failing to act decisively in the case.
Impact and Future Prospects
If the Aparajita Bill becomes law, it could significantly alter the legal landscape for handling rape and sexual violence cases in West Bengal. The proposed changes reflect a strong stance against sexual violence and aim to provide faster justice for victims. However, the bill’s effectiveness will largely depend on its implementation and whether it receives the President’s assent.
Public and Political Reactions
In her defense, Mamata Banerjee has demanded resignations from Prime Minister Narendra Modi, Union Home Minister Amit Shah, and the chief ministers of states with high rates of sexual violence, accusing them of inadequate legislative measures. She has also called for a CBI investigation into the RG Kar case, stressing that her government has acted swiftly and transparently.
The bill’s passage through the assembly has been met with mixed reactions. While it is hailed by some as a historic move towards tougher anti-rape legislation, others view it as a political maneuver designed to counteract criticism of her government’s handling of the RG Kar case.
The Aparajita Bill represents a bold and controversial attempt to address the issue of sexual violence with stricter penalties and faster justice. As it awaits Presidential assent, its future remains uncertain. Nonetheless, it highlights the ongoing debate over how best to protect victims and hold perpetrators accountable in a complex political and legal environment.
Read More: Tragic Death of Law Student in Lucknow Hostel: Anika Rastogi’s Untimely Demise
