Amid widespread outrage over the rape and murder of a 31-year-old doctor at Kolkata’s RG Kar Medical College and Hospital, the West Bengal Assembly has passed the Aparajita Bill, a legislation aimed at imposing stricter penalties for rape and child abuse. The Bill, moved by the ruling Trinamool Congress (TMC), seeks to amend key provisions in the Bharatiya Nyaya Sanhita (BNS) to introduce harsher punishments, including the death penalty for certain crimes. However, the legislation still requires the approval of both the Governor and President Droupadi Murmu before it can be enacted.
The Aparajita Bill proposes several amendments to the recently introduced Bharatiya Nyaya Sanhita. One of the key changes involves Section 64 of the BNS, which currently mandates rigorous imprisonment of not less than 10 years for rape convicts, potentially extending to life imprisonment. The new Bengal legislation enhances this punishment, stipulating that the convict could face imprisonment for the remainder of their natural life, along with a fine, or the death penalty. The fine, as per the Bill, should be reasonable and sufficient to cover the medical expenses and rehabilitation of the victim.
The Bill also seeks to amend Section 66 of the BNS, which deals with cases where rape leads to the victim’s death or leaves her in a vegetative state. While the central law provides for a 20-year jail term, life imprisonment, or the death penalty in such cases, the Aparajita Bill advocates for a mandatory death sentence.
In cases of gang rape, addressed under Section 70 of the BNS, the Bengal legislation eliminates the option of a 20-year jail term and instead proposes life imprisonment or the death penalty for those convicted.
Moreover, the Aparajita Bill intensifies penalties for publicizing the identity of sexual violence victims. The BNS currently allows for up to two years of imprisonment in such cases, but the Bengal legislation increases this to a prison term of three to five years.
The Bill also proposes stricter punishments for child abuse, expanding on the provisions laid out in the Protection of Children from Sexual Offences (POCSO) Act. Additionally, it includes provisions for setting up special courts to expedite the trial of sexual violence cases and forming task forces to ensure thorough investigations.
Despite its smooth passage through the Bengal Assembly with support from both the ruling party and the Opposition, the Aparajita Bill faces significant hurdles before it can become law. Since criminal law falls under the concurrent list in the Indian Constitution, a state law that conflicts with central legislation can only be implemented if it receives the President’s assent. However, the President, advised by the central government, has the final say, and given that the Trinamool Congress is a key rival of the Bharatiya Janata Party (BJP) at the Centre, the Bill’s future is uncertain.
Notably, similar Bills mandating the death penalty in rape and gang rape cases have been passed by the Andhra Pradesh and Maharashtra Assemblies, but none have received Presidential assent.
West Bengal Chief Minister Mamata Banerjee is well aware that the Aparajita Bill is unlikely to gain the President’s approval. The push for this legislation is seen as a strategic move to address the public outrage following the August 9 rape-murder incident and to counter criticism from the BJP, which has accused her government of shielding the perpetrators.
The Bill also serves as a means for the TMC to challenge the BJP’s stance on women’s safety and to demand a central law imposing the death penalty for rape cases. As public pressure mounts and the RG Kar rape-murder case continues to make headlines, the Aparajita Bill appears to be part of a larger effort by the TMC to manage public perception and maintain political leverage.
Sources By Agencies
