Kolkata Rape-Murder Case: Amid nationwide protest and long-drawn agitation in the state, West Bengal Assembly unanimously approved the ‘Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024’. The bill proposes capital punishment to rape convicts if the victim dies or slips into a vegetative state.
West Bengal Law Minister Moloy Ghatak tabled Aprajita Women and Child Bill in the state assembly on Tuesday amid a protest by the main opposition party the BJP. Participating in the debate, Chief Minister Mamata Banerjee said that rape has become a national shame and that we need to work as a society to bring social reforms to prevent it. Slamming the saffron party, she talked about the Hathras and Unnao rape cases and called these the crimes against women.
Suvendu Adhikari Slams Govt
BJP MLAs led by Leader of Opposition, Suvendu Adhikari attacked the government and questioned its intention behind the bill. He also said that the decision to introduce the bill was one-sided, taken only by Chief Minister Mamta Banerjee, which is unlikely, as the speaker is responsible for making such decisions.
BJP Questions Govt’s Intention
Agnimitra Paul accused the TMC government of introducing the bill to cover up its failure in the rape case. She also pointed out that the central government already had provisions made for setting up fast-track courts for such cases, but the current government failed to do so.
Derek O’ Brien On Aparajita Bill
Two days before the session, TMC MP, Derek O’Brien took to social media platform X and wrote that West Bengal is the first state to pass such a bill, and that it is a long way to stopping sexual violence against women and children in the country after countless cases of similar effects.
Twelve years after Nirbhaya, the bestial, heinous crimes don’t end. Everyday. This August we failed a young doctor in Kolkata. We failed a tribal woman in Raigarh. We failed a 15-year-old in Jodhpur, a 7-year-old in Delhi, two 4-year-olds in Badlapur.
Let’s pledge today to turn…
— Derek O’Brien | ডেরেক ও’ব্রায়েন (@derekobrienmp) September 3, 2024
Will It Create Safer Society?
The atrocious crime affecting the state of women in the country has led to the introduction of a new bill in West Bengal, trying to create a safer society and a more responsive judiciary. Among the existing Acts, Bharatya Nyay Sanhit 2023, Bhartiya Nagrik Suraksha Sanhita 2023, and the Protection of Children from Sexual Offences, (POCSO Act, 2012), amendments have been suggested including changes to be brought about in the time frame for investigating a crime that leads to the death of the victim or leaves them in a vegetative state.
Death Penalty For Convicts
The Aprajita Women and Child Bill (West Bengal Criminal Law and Amendment Bill, 2024) was scheduled for a two-day session in the Assembly. The government tabled the bill after the gruesome rape and murder of a trainee doctor at RG Kar Medical College and Hospital, Kolkata. It has been said in the bill that if the victim dies or slips into a vegetative stage, the convict will be awarded the death sentence.
Change in Investigation Of Rape Cases
A few remarkable changes have been noted including, the completion of the investigation into any such case within 21 days from the preliminary stage of the report. Initially, the authorities had two months to complete the same. If in case the officer in charge fails to deliver within the mentioned period, then the case can be extended for 15 more days and taken care of by the superintendent of police or officers ranking above, recording the reason for the delay in writing in the case diary, under section 192 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Focus On Victims
The bill is also made to focus on reducing the trauma suffered by the victims and their families, by suggesting amendments to establish fast-track courts. The bill provides provisions such as experts to handle such cases, and special courts. They are to be equipped with all the required amenities. These changes will enhance the time and effectiveness of how such cases are undertaken.
Women and children will no longer have to bear the burden of being victims of sexual offenses during the investigation. The ‘Aprajita Task Force’ will take care of the investigation led by the superintendent of police, and will be set up at the district level.
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