Kolkata, Sept 4: The West Bengal Assembly on Tuesday unanimously passed the state anti-rape Bill that seeks capital punishment for rape convicts if their actions result in the victim’s death or leave her in a vegetative state and life sentence without parole for other perpetrators.
Other significant features of the proposed ‘Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024’ include the completion of probes into rape cases within 21 days of the initial report, a reduction from the previous two-month deadline, and a special task force where women officers will lead investigations.
The proposed law, which requires assent from the Bengal Governor and then the President, when enacted, would mark a significant development in the state’s legal framework against sexual crimes.
Speaking during the discussion on the Bill, moved by state law minister Moloy Ghatak at the assembly’s special session, Chief Minister Mamata Banerjee termed the proposed legislation as “historic” and demanded the resignation of Prime Minister Narendra Modi, Union Home Minister Amit Shah and the chief ministers of all states that have “not been able to implement effective legislations to safeguard women”.
The Bill also proposed to amend the newly passed Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 laws, and the POCSO Act 2012 “in their application to the state of West Bengal to enhance punishment and to constitute the framework for… expeditious investigation and trial of the heinous act of violence against women and children.”
According to the Bill, any fine imposed shall be “fair and reasonable” to meet the medical expenses and rehabilitation of the victim or their next of kin, if applicable, as may be determined by the Special Court and should be paid within the period fixed by it.
The state government convened a special two-day session of the House for the introduction and passage of the Bill, which was moved in the wake of widespread protests in the aftermath of the alleged rape and murder of a post-graduate trainee doctor at Kolkata’s RG Kar Medical College and Hospital on August 9.
The Bill was passed after the opposition BJP MLAs lent their support to it even as Suvendu Adhikari allegated that Banerjee moved the Bill to “divert attention from public anger and protests” over the gruesome crime.
Amid chaotic scenes on the floor of the House when BJP legislators raised slogans demanding the chief minister’s resignation over the crime, Banerjee also demanded Adhikari’s resignation for obstructing the proceedings for passage of the Bill.
“We wanted the Centre to amend its existing laws and include stricter clauses to ensure exemplary punishment for perpetrators and quicker justice for victims. They showed no enthusiasm for it. That’s why we made the move first. This Bill, once enacted, can serve as a model for the rest of the country,” she said.
Banerjee also tabled the two letters she recently wrote to PM Modi on the issue, one of which was a counter statement to Union Women and Child Development Minister Annapurna Devi’s response to her first letter.
“I demand the resignation of PM Modi, Home Minister Amit Shah and chief ministers of all states that have failed to implement effective laws that can ensure the security of women and children across the country,” she stated.
“Rape is a curse against humanity and social reforms are required to prevent such crimes,” she said.
The state will form a special Aparajita Task Force from among the state police force to ensure time-bound completion of the probe, the chief minister said, citing provisions of the draft legislation.
Banerjee said through the proposed legislation her government was trying to “plug the loopholes that exist in the central legislations”, in terms of speedy and effective disposal of justice to victims and their kin.
Banerjee also urged the Opposition to impress upon the governor to sign the Bill without delay, while asserting that it would be the state government’s responsibility for its effective enactment following the assent of Raj Bhavan and the President.
“We want justice from the CBI and death by hanging the guilty,” Banerjee said while expressing sadness over the rape and murder of the RG Kar medic and sympathies for the victim’s family.
Adhikari, on the other hand, accused the TMC government of having “failed to prevent incidents of rape and sexual abuse of women during its tenure” but assured his party’s support for the Bill.
The disgruntled BJP leader later called the Bill an “eyewash” after the government rejected most of the amendments moved by Adhikari, including the proposals to penalise police personnel concerned in case of failure to act on the complaints and in providing security to witnesses.
“It’s clear the government doesn’t want effective implementation of justice and has moved this bill to divert attention from the people’s anger and protests,” he alleged.
Shortly after the passage of the Bill, TMC’s national general secretary Abhishek Banerjee, in a post on X, stressed the need for such laws given the appalling frequency with which rapes are committed in this country.
“Given the harrowing statistic of a rape every 15 minutes, the demand for a comprehensive time-bound anti-rape law is more pressing than ever. West Bengal is leading the charge with its anti-rape bill,” he said.
“The Union (govt) must now take decisive action – whether by ordinance or BNSS amendment in the upcoming Parliament session to ensure that justice is both swift and severe, with trials and convictions concluded in 50 days,” he said.
The Bill amends Sections 64, 66, 70(1), 71, 72(1), 73, 124(1) and 124 (2) of BNS, 2023, which broadly pertains to punishment for rape, rape and murder, gang-rape, repeat offenders, disclosure of victim identity and even causing hurt by use of acid, etc. by incorporating death penalties to perpetrators and imprisonment for victim’s identity disclosers.
It also proposes omission of Sections 65(1), 65 (2) and 70 (2) of the Act about punishments for convictions of rape perpetrators under 16 years, 12 years and 18 years, respectively and universalises punishment to guilty irrespective of age and status. (PTI)
