The ruling Trinamool Congress government in West Bengal is set to introduce a groundbreaking anti-rape bill in the state assembly on Tuesday. Named the “Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024,” this proposed legislation aims to significantly tighten the legal framework surrounding rape and sexual violence in the state.
Key Provisions of the New Bill
The bill introduces stringent measures, including the imposition of the death penalty for individuals convicted of rape if the crime results in the victim’s death or a permanent unconscious state. Additionally, it mandates life imprisonment without the possibility of parole for convicted offenders.
Amendments to Existing Laws
The Aparajita Bill proposes amendments to several sections of the Bharatiya Nyay Sanhita (BNS) 2023 and Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, as well as the Protection of Children from Sexual Offences (POCSO) Act 2012. Specifically, it seeks to amend Sections 64, 66, 70(1), 71, 72(1), 73, 124(1), and 124(2) of the BNS 2023, which pertain to the punishment for various forms of rape and related crimes. The bill also proposes to remove Sections 65(1), 65(2), and 70(2) related to punishments for offenders under different age categories.
Improved Investigation and Trial Procedures
The Anti-Rape Bill aims to streamline the investigation process by reducing the deadline for investigations from two months to three weeks, with a possible extension of up to 15 days under special circumstances. It also proposes life imprisonment for repeat offenders, which would be defined as imprisonment for the remainder of the offender’s natural life or death, accompanied by a fine.
Formation of Special Task Forces
To handle cases efficiently, the bill calls for the creation of a special task force named “Aparajitha Task Force” at the district level. Led by a deputy superintendent of police, this task force will be equipped with the necessary resources to manage investigations and minimize the trauma experienced by victims and their families.
Special Courts and Confidentiality Measures
Additionally, the bill proposes the establishment of special courts to handle rape and sexual assault cases. It also includes provisions for maintaining confidentiality during court proceedings, with penalties of 3 to 5 years imprisonment and fines for unauthorized disclosures.
Legislative Session
Chief Minister Mamata Banerjee has called for a two-day session of the state assembly starting Monday to table the bill. State Law Minister Moloy Ghatak will introduce the bill during this session.
The introduction of this Anti-Rape Bill reflects the state government’s commitment to creating a safer environment for women and children in West Bengal.