West Bengal Assembly Passes Landmark Anti-Rape Bill Introducing Strict Measures

The West Bengal Assembly passed the new anti-rape Bill on Tuesday in a special session, with unanimous support from all parties. The move comes in the wake of the brutal rape and murder of a 31-year-old trainee doctor at RG Kar Medical College and Hospital in Kolkata on August 9, an incident that has sparked outrage across the country.

The newly passed legislation, titled the “Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024,” aims to create a safer environment for women and children in the state. It introduces more stringent measures for addressing rape and sexual offenses, reinforcing the state’s commitment to protecting fundamental rights and ensuring justice is served for heinous crimes.

Key Provisions of the Anti-Rape Bill:

1. Capital Punishment: The Bill introduces capital punishment for individuals convicted of rape in cases where the crime leads to the victim’s death or leaves the victim in a vegetative state.

2. Life Imprisonment: For cases of rape and gang-rape, the Bill mandates life imprisonment for the remainder of the individual’s natural life. Repeat offenders will also face life imprisonment or, in severe cases, the death penalty along with a financial fine.

3. Amendments to Existing Laws: The Bill proposes amendments to several national laws, including the Bharatiya Nyay Sanhita 2023, the Bharatiya Nagarik Suraksha Sanhita 2023, and the Protection of Children from Sexual Offences Act 2012. It seeks to update the sections dealing with punishments for rape, gang-rape, and other sexual offenses, as well as streamline the legal process by focusing on the gravity of the crime rather than the age of the offender.

4. Speedy Investigation Process: To expedite justice, the Bill requires that investigations into rape cases be completed within 21 days of the initial report, a significant reduction from the previous two-month timeline. An extension of up to 15 additional days is allowed, provided it is approved by a Superintendent of Police or equivalent.

5. Special Task Force: The Bill proposes the creation of a district-level ‘Aparajita Task Force’ led by a Deputy Superintendent of Police. This specialized unit will focus on investigating offenses under the new provisions to ensure that cases are handled with priority and expertise.

6. Specialized and Fast-Track Courts: To further ensure swift justice, the Bill calls for the establishment of 52 special courts and investigation teams dedicated to handling cases of rape and sexual offenses against women and children.

7. Penalties for Publishing Court Proceedings: To protect the privacy and dignity of victims, the Bill introduces strict penalties for unauthorized printing or publishing of any court-related matter without prior permission. Offenders will face three to five years of imprisonment along with a financial fine.

The passage of the “Aparajita Woman and Child Bill, 2024” marks a significant step in West Bengal’s effort to combat sexual violence and ensure justice for victims. The ongoing investigation into the RG Kar rape and murder case, led by the Central Bureau of Investigation (CBI), has so far resulted in two arrests.