Key Provisions of the Aparajita Anti-Rape Bill: Enhanced Punishments and Expedited Justice
The West Bengal Legislative Assembly on Tuesday unanimously passed the *Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024*, commonly known as the Anti-Rape Bill, aimed at strengthening legal measures against rape convicts. The Bill mandates the death penalty for offenders whose actions result in the victim’s death or leave her in a vegetative state.
This legislative move comes after the brutal rape and murder of a resident doctor at RG Kar Medical College and Hospital, Kolkata, on August 9. The Bill was introduced by the ruling Trinamool Congress (TMC) and received full support from the opposition Bharatiya Janata Party (BJP).
Key Provisions and Amendments
The Bill seeks to amend existing laws, including the *Bharatiya Nyaya Sanhita (BNS)*, the *Bharatiya Nagarik Suraksha Sanhita (BNSS)*, and the *Protection of Children from Sexual Offences (POCSO) Act*, as applicable in West Bengal. Its primary goal is to enhance punishments and ensure timely investigation and trial of crimes against women and children.
1. Enhanced Punishments:
– Rape (Section 64, BNS): Life imprisonment for the remainder of the convict’s natural life or death, along with a fine.
– Rape resulting in death or vegetative state (Section 66, BNS): Mandatory death penalty and fine.
– Gang rape (Section 70(1), BNS): Life imprisonment for the remainder of life or the death penalty, plus a fine.
– Disclosing a rape victim’s identity (Section 72, BNS): 3-5 years of imprisonment and a fine, increased from the previous penalty of 2 years.
2. Faster Investigation and Trials:
– Investigations must be completed within 21 days, with a possible 15-day extension if justified in the case diary, amending *Section 193 of BNSS*.
– Trials must be concluded within 30 days from the filing of the chargesheet, per *Section 346(1) of BNSS*.
3. Establishment of Special Courts and Task Force:
– Special courts will be set up under *Section 29A* of the BNSS to expedite rape trials.
– The government will appoint Special Public Prosecutors with a minimum of seven years of practice to handle these cases (*Section 29B*).
– The *Aparajita Task Force* will be created at the district level, led by the Deputy Superintendent of Police, to oversee rape investigations, with female officers conducting inquiries whenever possible (*Section 29C*).
The Bill emphasizes the need for swift justice and stringent penalties to deter heinous crimes against women and children. Drafted by a team from law firm Aquilaw, led by advocate Sanjay Basu, this legislation marks a significant step in addressing sexual violence in the state.
(With inputs from agency)
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