Bengal passes Aparajita Anti-Rape Bill, mandates death for rapists
In the shadow of the continued demonstrations and cease-work by junior doctors at medical college hospitals across the state following the rape and murder of a second-year postgraduate trainee at RG Kar Medical College and Hospital in Kolkata, demanding the strictest of punishments for the convicted, the Bengal Assembly today passed the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024, which, among other things, mandates death sentence for rapists. This is the first-ever law in India which prescribes death for rapists.
Specifically, the capital punishment will apply to people convicted of rape if the victim(s) is/are left dead or in a vegetative state after the crime.
The bill will be sent to Governor CV Ananda Bose and subsequently to President Droupadi Murmu for their formal assents, following which it would become a law.
The Aparajita Anti-Rape Bill was passed in a special session of the assembly, today being the second and last day of the special session.
The bill was tabled by Law Minister Moloy Ghatak. Chief Minister Mamata Banerjee, who is also the home and health minister, read out the main provisions, while stressing on the pioneering nature of the bill in Indian legislative history.
The bill was passed unanimously. Leader of Opposition Suvendu Adhikari of the BJP extended full support to the bill, adding that his party wants immediate execution of the bill. The amendments proposed by him on behalf of the party were, however, not accepted, following which the Opposition MLAs raised slogans and demanded Mamata Banerjee’s resignation over the rape and murder.
The main provisions of the bill are:
Capital punishment for those convicted if victim is left dead or in vegetative state: The Bill seeks capital punishment for persons convicted of rape if their actions result in the victim’s death or leave her in a vegetative state, with the sentence to be executed within 10 days of the sentencing.
Life sentence without parole for those convicted: The bill stipulates a life sentence without parole for those convicted of rape.
Tighter rules under BNS, BNSS and POCSO Act: The bill proposes tightening of provisions, through amendments, under the Bharatiya Nyay Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and Protection of Children from Sexual Offences (POCSO) Act, 2012.
Aparajita Task Force: A district-level Aparajita Task Force, to be headed by deputy superintendents of police (DSP), will be formed to ensure completion of the preliminary crime report within 21 days, which can be extended by 15 days. Thus, the police has to complete the investigation within a maximum period of 36 days.
Securing of routes used by doctors and nurses for travel: Routes on which doctors and nurses travel will be provided with ample security, for which the state government has sanctioned Rs 120 crore.
