In response to widespread protests following the rape and murder of a 31-year-old doctor at Kolkata’s RG Kar Medical College and Hospital, the West Bengal Assembly passed the Aparajita Bill today. This legislation aims to amend several provisions of the Bharatiya Nyaya Sanhita (BNS), the new criminal code, making penalties for rape and child abuse more severe.
The Aparajita Bill introduces significant changes to the Bharatiya Nyaya Sanhita, toughening penalties for heinous crimes. One of the key amendments concerns Section 64 of the BNS, which currently prescribes a minimum of 10 years of rigorous imprisonment for rape, with the possibility of a life sentence. The Aparajita Bill escalates this punishment to life imprisonment for the remainder of the convict’s natural life and includes a fine intended to cover the victim’s medical and rehabilitation expenses. Additionally, the bill allows for the death penalty in such cases.
The bill also seeks to amend Section 66 of the BNS, which addresses cases where rape leads to the victim’s death or leaves her in a vegetative state. While the central legislation provides for a 20-year jail term, life imprisonment, or the death penalty, the Aparajita Bill mandates the death penalty as the sole punishment.
In cases of gang rape, the bill amends Section 70 of the BNS, removing the option of a 20-year jail term and stipulating life imprisonment or the death penalty for those convicted.
Furthermore, the Aparajita Bill imposes stricter penalties for publicizing the identity of sexual violence victims. The BNS currently allows for up to two years of imprisonment, whereas the Bengal legislation proposes a sentence of three to five years.
In addition to these changes, the bill enhances penalties for child abuse under the Protection of Children from Sexual Offences (POCSO) Act. It also includes provisions for establishing special courts to hear sexual violence cases and forming task forces to investigate them.
The Aparajita Bill, introduced by the ruling Trinamool Congress, passed the West Bengal Assembly with the support of both the ruling party and the Opposition. However, it now requires the assent of President Droupadi Murmu to become law. Since criminal law falls under the concurrent list, a state law can be enacted even if it contradicts a central law, provided it receives the President’s approval. However, the President acts on the advice of the Union Government, and with the Trinamool Congress being a key rival of the BJP, which holds power at the Centre, the bill’s future is uncertain.
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Similar bills passed by the Andhra Pradesh and Maharashtra Assemblies, which mandated the death penalty in rape and gang rape cases, have not yet received Presidential assent.
West Bengal Chief Minister Mamata Banerjee is likely aware that the Aparajita Bill may not receive the President’s approval, and its stringent provisions may never be implemented. The push to pass the bill appears to be a response to the massive public outcry over the August 9 rape-murder incident. Banerjee’s government has faced severe criticism from both the Opposition and civil society over the handling of the case.
The Trinamool Congress has also demanded a central law mandating the death penalty for rape, positioning the Aparajita Bill as a strategic move to manage public perception and counter criticism in the RG Kar rape-murder case. The BJP has accused Banerjee of shielding those responsible for the crime, making the passage of this legislation a significant political manoeuvre in the ongoing debate over justice and accountability in West Bengal.
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