Context
In the wake of a brutal rape and murder case that shook the nation, the West Bengal government has introduced the ‘Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024.’ This landmark legislation aims to create a safer environment for women and children in the state by amending and introducing stringent provisions related to rape and sexual offenses.
Key Provisions of the Aparajita Bill
The Aparajita Bill proposes several significant changes to existing laws, including:
- Death Penalty for Rape Resulting in Death or Vegetative State: The bill wants rapists who cause death of their victim or leave her in a coma to be subjected to capital punishment.+
- Life Imprisonment for Other Rape and Gang-Rape Convicts: Other convicts of rape and gang rape would get the penalty of life imprisonment which would last when they would naturally die.
- Time-Bound Investigations and Trials: In a new development on enforcing the bill, investigations into rape cases have to be completed within twenty-one days of being reported Was this a down from the previous two months? The police force also allowed extension of leave only with written justification from a superior rank police officer.
- Fast-Track Courts: In order to try the cases and supply the hungry hands of justice, the proposed law provides for creation of special courts to try sexual violence related cases.
- Aparajita Task Force: According to the provisions made in the bill, a separate specialized team need to be set up at the district level to look into the cases of rapes and other forms of violence against women and children and the head of this team is to be a deputy superintendent of police.
- Stricter Penalties for Repeat Offenders: Regarding the recidivist, the legislation seeks to put the culprit to life imprisonment though death penalty is also admissible depending on the circumstances of the case.
- Protection of Victims’ Identities: Some of the measures included in the Bill regarding matters of victims include provisions that guard the identity of the victims so as to preserve their rights to their dignity every time they are subject to the legal procedures that any given case may entail.
- Penalties for Delaying Justice: It also provides penalties on police officers and other health officials who will delay their action or even try to tamper with the evidence thereby making authorities accountable for any slowness in the judicial process.
- Publication Restrictions: The Bill includes stringent measures of prosecution for any person who publishes material pertaining to a sexual offence trial without the permission of the court; with sentences of imprisonment of 3-5 years.
Comparison with Central Laws
The Aparajita Bill proposes several amendments to the newly passed Bharatiya Nyay Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and the Protection of Children from Sexual Offences (Pocso) Act, 2012. Here’s a comparison of the key provisions:
| Offense | BNS | Aparajita Bill |
| Rape | Fine, imprisonment for not less than 10 years, which may extend to imprisonment for life | Fine, rigorous imprisonment for the remainder of the convict’s natural life or death |
| Rape resulting in death or vegetative state | Minimum 20 years of rigorous imprisonment, may extend to life imprisonment or death | Death and fine |
| Gang-rape | Fine and minimum 20 years rigorous imprisonment, may extend to life imprisonment | Fine and imprisonment of convict’s natural life, or death and fine |
| Investigation time | Within two months from the date of FIR | Within 21 days from the date of FIR |
| Trial time | Within two months | Within 30 days |
Legal Challenges and the Road Ahead
- Although the Aparajita Bill is introduced for increasing the legal protection of women and children there are legal and political problems on this issue.
- Since it is a piece of state-level legislation meant for amending the central laws it has to go through the merit of law and political relationship Central –State.
- The process of passing state laws to amend central legislation is not likely to be smooth; they are subject to being hopelessly stuck in a labyrinth of political gridlocks.
- Any political objection which the Centre might have could be perceived by the state as the Centre doing all it can it take to scuttle its efforts, thus creating a political problem.
- Criminal law and the procedure of legislation and jurisdiction is essential to comprehend for the true measure of the potential for the Aparajita Bill to be reached.
- As to the legal future, it depends on the governor and on the President, if the bill is going to be passed further, and certain legal cases.
Source: The Hindu