Death penalty, time-bound trial, publication curbs: All about West Bengal’s anti-rape ‘Aparajita’ Bill

The Bill was passed unanimously in the West Bengal Assembly, a rare moment of cross-party support in a politically-charged state.

By: Express Web Desk
New Delhi | Updated: September 3, 2024 05:10 PM IST

3 min read

West Bengal Chief Minister Mamata Banerjee speaks after tabling of the Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment Bill 2024) during a session of the state Legislative Assembly, in Kolkata. (PTI)

In a move aimed at enhancing the safety of women and children, the Mamata Banerjee-led government has passed the ‘Aparajita Woman and Child (West Bengal Criminal Laws and Amendment) Bill 2024.’ This legislation was a direct response to the brutal rape and murder of a trainee doctor at R G Kar Medical College and Hospital, which has sparked nationwide protests and demands for stricter laws against sexual violence.

The Bill was passed unanimously in the West Bengal Assembly, a rare moment of cross-party support in a politically-charged state. However, the passage was not without contention. During the debate, Leader of Opposition Suvendu Adhikari proposed several amendments aimed at enhancing accountability among law enforcement officials. While some were accepted, others were rejected, leading to heated exchanges between the ruling Trinamool Congress (TMC) and the opposition. The Bill comes into effect on September 5, 2024.

Key Provisions

The Bill introduces several significant amendments to existing laws. Here are the primary provisions:

📌 Death Penalty for Rape: The Bill proposes capital punishment for those convicted of rape if their actions result in the victim’s death or leave her in a vegetative state.

📌 Time-Bound Investigations and Trials: One of the most notable changes is the stipulation that investigations into rape cases must be concluded within 21 days of the initial report. This is a substantial reduction from the previous two-month deadline. Extensions are allowed, but only with written justification by a senior police officer.

📌 Fast-Track Courts: To ensure swift justice, the draft legislation mandates the establishment of special courts dedicated to handling cases of sexual violence.

📌Aparajita Task Force: The Bill calls for the creation of a specialised task force at the district level, headed by a deputy superintendent of police. This task force will focus on investigating cases of rape and other atrocities against women and children.

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📌 Stricter Penalties for Repeat Offenders: The legislation proposes life imprisonment for repeat offenders, with the possibility of the death penalty if the circumstances warrant it.

📌 Protection of Victims’ Identities: The Bill includes provisions to protect the identities of victims, ensuring their privacy and dignity during the legal process.

📌 Penalties for Delaying Justice: It introduces penalties for police and health officials who fail to act promptly or tamper with evidence. This aims to hold authorities accountable for any negligence in the judicial process.

📌 Publication Restrictions: The Bill imposes strict penalties for unauthorised publication of court proceedings related to sexual offenses, with potential imprisonment of 3 to 5 years.

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