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Anti-Rape Bill West Bengal: The 'Aparajita Mahila and Bal Bill' (Amendment to West Bengal Criminal Law) was passed by the West Bengal Assembly on Tuesday. The 'Anti-Rape Bill' was passed unanimously with the full support of the opposition. The amendments proposed by opposition leader Shubhendu Adhikari in the bill were not accepted by the House. The draft bill proposes a provision for death penalty for the culprits in case the rape victim dies or remains in a coma. Apart from this, it has been proposed that the culprits of rape and gang rape should be given life imprisonment and the facility of parole should not be given.
Main proposals in the West Bengal Government Bill
The Bill, which seeks to amend relevant provisions under the Indian Justice Code 2023, Indian Civil Defence Code 2023 and the Protection of Children from Sexual Offences Act 2012, will apply to victims of all ages.
Under this bill, the culprits in rape and murder cases will be given life imprisonment. This means that he will have to spend his entire life in jail. He will not be released after a few years. There will also be a provision for financial penalty.
The bill proposes to reduce the time limit for completing rape investigation from two months to 21 days. Apart from this, a promise has also been made to pronounce the verdict in such cases within a month of preparation of the charge sheet.
In such cases, the Bill makes publishing any information related to court proceedings or revealing the identity of the victim punishable with a jail term of three to five years.
What changes is Mamata Banerjee government going to make?
The Indian Judicial Code and the Indian Civil Protection Code contain laws related to sexual abuse, rape and gang rape. Some amendments are being made in this in the case of Bengal. Only in the case of Bengal, some sections are being added for immediate trial.
It has been proposed to set up a fast track court and a special investigation team. This investigation team will be provided special facilities. The trial process should be completed within the stipulated time. In case of serious crimes, it should be completed within at least 7 days. This was a month ago. Whereas in the original law, punishment was to be given within a year. According to the original law, the police station had to complete its investigation within two months of registering the case. The amendment will have to be completed within 21 days.
If a case has been registered and the investigation is not completed within 21 days, an extension of 15 days can be given. However, this must be given by someone of the level of District Superintendent of Police. Rape is punishable with life imprisonment and fine or death. In case of mass atrocities, the punishment is fine and life imprisonment or death.
Apart from the charge of rape, if the victim dies due to the injury caused by the offender, the accused will be awarded death sentence and fine, and if the victim remains in coma, then also death sentence and fine will be awarded. All the cases will be under non-bailable sections.
Just passing a bill by the legislature is not enough
Legal experts say that passing the bill in the assembly is not enough. The bill proposes to amend some provisions of the central act. Therefore, it will require the President's approval. This decision of the Bengal government is being opposed. Legal experts are telling the opposition that there are strict provisions in the law at the national level for such cases.
Wrote two letters to PM Modi but got no reply
Mamata Banerjee said, 'I wrote two letters to the Prime Minister but I did not get any reply from him, but I got a reply from the Minister of Women and Child Development. I also informed the Prime Minister about this by replying to his reply. When the Judiciary Bill was passed in a hurry before the elections, I had said that it should not be passed in a hurry. States should be consulted in this. I opposed it many times, there was no consultation with the states. Rajya Sabha, opposition, all forces should discuss it and pass it but it was not done. That is why today we are bringing this bill. Remember, we never insulted the Prime Minister the way you did me.