The recent RG Kar rape and murder case in Kolkata has shaken the nation and sparked widespread outrage. In response, the West Bengal government introduced the ‘Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024’ during a special two-day assembly session.
The bill seeks to enhance safety for women and children by strengthening legal protections and ensuring severe penalties for rape and sexual offences. The tragic rape and murder case on August 9 has led to ongoing CBI investigations, with two arrests made.
Here’s what you need to know about the Aparajita Woman and Child Bill, 2024, also known as the Anti-Rape Bill. It aims to strengthen existing laws by introducing stricter measures against rape and sexual offences, including amendments to several national laws like the recently passed Bharatiya Nyay Sanhita 2024.
Key Provisions: 1. Capital Punishment
The bill proposes the death penalty for those convicted of rape if the crime results in the victim’s death or leaves her in a vegetative state. This measure aims to address the most severe cases of sexual violence with the utmost severity.
2. Life Imprisonment
The Bill stipulates life imprisonment for those convicted of rape and gang-rape, defined as imprisonment for the remainder of the offender’s natural life. Repeat offenders will face life imprisonment or, in severe cases, the death penalty, in addition to a financial fine.
3. Amendments to BNS 2023
The bill proposes amendments to several sections of the Bharatiya Nyay Sanhita (BNS) 2023, which address punishments for various crimes. It suggests changes to sections 64, 66, 70(1), 71, 72(1), 73, 124(1), and 124(2) regarding punishments for rape, rape combined with murder, gang-rape, repeat offenders, victim identity disclosure, and acid attacks.
Additionally, it recommends omitting sections 65(1), 65(2), and 70(2) to streamline the legal process by focusing on the severity of the crime rather than the offender’s age.
4. Speedy Investigation Process
The bill proposes an expedited investigation process for rape cases, mandating that investigations be completed within 21 days of the initial report, a notable reduction from the previous two-month deadline.
This accelerated timeline aims to minimize victim trauma by speeding up the legal process. However, the bill allows for a potential extension of up to 15 additional days if a Superintendent of Police (SP) or equivalent provides a valid written reason.
5. Special Task Force
The bill proposes establishing a district-level ‘Special Task Force,’ named the ‘Aparajita Task Force,’ led by a Deputy Superintendent of Police. This unit will be dedicated to investigating offences under the new provisions of the Bill, ensuring that cases of rape and sexual offences against women and children receive priority and expertise.
6. Specialized and Fast-Track Courts
The anti-rape bill proposes the creation of 52 dedicated special courts and specialized investigation teams to handle cases of rape and sexual offences against children. These units will be equipped with the resources and expertise necessary to manage cases efficiently and sensitively, aiming to expedite justice and minimize trauma for victims and their families.
7. Penalties for Unauthorized Publication of Court Proceedings
The bill introduces stringent penalties for the unauthorized printing or publishing of court proceedings, aiming to safeguard victims’ privacy and dignity. Those convicted of this offence will face imprisonment for three to five years and a financial fine.