The West Bengal Legislative Assembly, led by Chief Minister Mamata Banerjee, has taken a significant step towards combating sexual violence by unanimously passing the ‘Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024’. This landmark legislation introduces several key measures aimed at ensuring swift justice and harsher penalties for perpetrators of rape and sexual offenses against children.
The Bill’s most prominent provision is the introduction of capital punishment for individuals convicted of rape in cases where the victim’s death or the crime results in the victim entering a vegetative state. This move reflects the government’s commitment to sending a strong message against such heinous acts and providing a greater sense of security to women and children in the state.
The Bill also seeks to amend provisions of the newly passed Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and the Protection of Children from Sexual Offences (POCSO) Act, 2012, in their application to West Bengal. This amendment aims to enhance punishment for various offenses related to rape, including gang-rape, repeat offenses, and crimes involving the use of acid.
Furthermore, the Bill proposes a life imprisonment sentence for those convicted of rape and gang-rape, defined as imprisonment for the remainder of the life of the guilty individual. For repeat offenders, the Bill proposes a life imprisonment or death sentence, along with a fine, in serious cases.
Recognizing the need for swift justice, the Bill mandates that investigations into rape cases must be completed within 21 days of the initial report. The current law stipulates a two-month deadline. If necessary, the investigation period can be extended by 15 days with written justification by a police officer of the rank of Superintendent of Police or equivalent.
To streamline the legal process and ensure efficient handling of rape cases, the Bill proposes the establishment of dedicated special courts and investigation teams. These specialized units will be equipped with the necessary resources and expertise to handle such cases effectively and timely, minimizing the trauma experienced by victims and their families.
In addition, the Bill proposes the establishment of a district-level ‘Aparajita Task Force’ to investigate cases of rape or atrocities on women and children. This task force, led by a Deputy Superintendent of Police, will play a crucial role in ensuring comprehensive and thorough investigations.
The passing of the ‘Aparajita Woman and Child Bill’ signifies West Bengal’s commitment to creating a safer and more secure environment for women and children. By introducing stricter punishments, expediting investigations, and establishing specialized courts, the Bill aims to provide justice and deter future acts of sexual violence.
