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GS Paper II – Governance |
Why in the news?
To bolster the safety of women and children, the Mamata Banerjee-led government has enacted the ‘Aparajita Woman and Child (West Bengal Criminal Laws and Amendment) Bill 2024.’ This legislation comes as a direct response to the horrific rape and murder of a trainee doctor at R G Kar Medical College and Hospital, an incident that has triggered widespread protests and calls for tougher laws against sexual violence.
Key Provisions
The Bill brings several important amendments to existing laws. Here are its main provisions:
Death Penalty for Rape: The Bill proposes the death penalty for individuals convicted of rape if their actions result in the victim’s death or leave her in a vegetative state.
Time-Bound Investigations and Trials: A significant change is the requirement for investigations into rape cases to be completed within 21 days of the initial report, a reduction from the previous two-month timeframe. Extensions are permitted only with written justification from a senior police officer.
Fast-Track Courts: To expedite justice, the Bill mandates the creation of special courts specifically for handling cases of sexual violence.
Aparajita Task Force: The Bill establishes a specialised task force at the district level, led by a deputy superintendent of police, to focus on investigating rape and other crimes against women and children.
Stricter Penalties for Repeat Offenders: The legislation proposes life imprisonment for repeat offenders, with the possibility of the death penalty in severe cases.
Protection of Victims’ Identities: It includes measures to safeguard the identities of victims, ensuring their privacy and dignity throughout the legal proceedings.
Penalties for Delaying Justice: The Bill introduces penalties for police and health officials who fail to act promptly or tamper with evidence, aiming to hold authorities accountable for any negligence.
Publication Restrictions: It imposes strict penalties for the unauthorized publication of court proceedings related to sexual offences, with potential imprisonment ranging from 3 to 5 years.
Comparison with Central Laws
The Aparajita Bill introduces amendments to the recently enacted Bharatiya Nyay Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and the Protection of Children from Sexual Offences (POCSO) Act, 2012.
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Offense |
BNS |
Aparajita Bill |
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Rape |
Fine, imprisonment for not less than 10 years, which may extend to imprisonment for life |
Fine, rigorous imprisonment for the remainder of the convict’s natural life or death |
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Rape resulting in death or a vegetative state |
Minimum 20 years of rigorous imprisonment, may extend to life imprisonment or death |
Death and fine |
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Gang-rape |
Fine and minimum 20 years rigorous imprisonment, may extend to life imprisonment |
Fine and imprisonment of convict’s natural life, or death and fine |
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Investigation time |
Within two months from the date of the FIR |
Within 21 days from the date of the FIR |
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Trial time |
Within two months |
Within 30 days |
Legal Challenges and the Road Ahead
- While the Aparajita Bill aims to strengthen legal protections for women and children, it faces both legal and political challenges.
- Since the Bill seeks to amend central laws at the state level, it must navigate the complexities of legal merit and the political dynamics between the Centre and the state.
- The process of passing state legislation to amend central laws is often fraught with difficulties and may become entangled in political gridlock.
- Any objections from the Centre could be seen by the state as deliberate attempts to thwart its efforts, potentially leading to political tensions.
- A thorough understanding of criminal law, legislative procedures, and jurisdiction is crucial to assessing the true potential impact of the Aparajita Bill.
- The Bill’s legal future will depend on the decisions of the governor and the President, as well as potential legal challenges that may arise.
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