The Mamata Banerjee government of West Bengal has successfully passed the Anti-Rape Bill, named the “Aparajita Women and Child Bill 2024,” in the state assembly. This bill was introduced during a special session following an incident in Kolkata where a trainee doctor was raped and murdered. The assembly session was specifically convened to discuss and pass this bill.
After the bill’s passage, Chief Minister Mamata Banerjee expressed deep concern over the crimes against women across the country while speaking in the assembly. She cited the 2020 rape of a 20-year-old Dalit woman in Hathras, Uttar Pradesh, and the 2013 brutal rape and murder of a college student in the North 24 Parganas district of Bengal. She also highlighted a recent incident in Jaipur, where a child was raped in a government hospital. Banerjee accused states like Uttar Pradesh and Gujarat of having abnormally high crime rates against women, where justice is often denied to the victims. She emphasized that women in West Bengal will receive justice, and this bill will ensure that perpetrators receive strict punishment.
Leader of the Opposition Suvendu Adhikari supported the bill, stating that the law should be implemented immediately. He mentioned that it is the responsibility of the state government to enforce the bill and deliver results. He also demanded that the bill be implemented without any delay.
Key Provisions of the Anti-Rape Bill
This bill provides for stringent punishments for those convicted of rape and murder. The key points include:
1. Death Penalty: Provision for the death penalty for those convicted of rape and murder.
2. Charge Sheet and Punishment: The provision of the death penalty within 36 days of filing the charge sheet.
3. Speedy Investigation: Investigations must be completed within 21 days under this bill.
4. Punishment for Aiding Criminals: Provision of a 5-year imprisonment for those who aid the criminals.
5. Special Task Force: A special “Aparajita Task Force” will be formed in each district to take immediate action on cases of rape, acid attacks, and molestation.
6. Punishment for Acid Attack: Provision of life imprisonment for those convicted of acid attacks.
7. Punishment for Revealing Victim’s Identity: Provision of 3 to 5 years of imprisonment for revealing the identity of the victim.
8. Speedy Trials: The bill includes a provision to amend the BNSS laws, ensuring that all sexual offenses and acid attack cases are heard within 30 days.
For this bill to become law, it now requires the approval of the Governor and the President. Passing this bill in the assembly was relatively easy because the Trinamool Congress has the support of 223 legislators in the 294-member assembly. However, obtaining the approval of the Governor and the President might be challenging. The 2019 Andhra Pradesh Disha Bill and the 2020 Maharashtra Shakti Bill, which also provided for the death penalty in all rape cases, have yet to receive presidential approval. This bill amends parts of the BNSS and the 2012 POCSO Act to include the death penalty for sexual assault cases, regardless of the victim’s age. Amidst public outrage and demands for justice following the trainee doctor’s incident in Kolkata, Mamata Banerjee decided to introduce this anti-rape bill. The bill’s becoming law will now depend on whether it receives the necessary approvals from the Governor and the President.
