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Kolkata: The incident of rape and murder of a junior doctor in Kolkata's Government RG Kar Medical College and Hospital has spread outrage not only in West Bengal but in the entire country. When many questions are being raised on the safety of women in the state, to calm the anger of the people, Mamata Banerjee introduced the anti-rape 'Aparajita' bill in the two-day special session of the Assembly on Tuesday. In which it is being claimed that a provision is being made to give the harsh punishment of death to the rapist in just 10 days. This bill was passed after a brief debate in the House today. Now it will become a law after the approval of the Governor and the President.
West Bengal Chief Minister Mamata Banerjee introduced the Aparajita Women and Children (West Bengal Criminal Law and Amendment) Bill 2024 on the second day of the two-day special session of the Assembly. After the bill was passed unanimously after a brief debate today, it will now be sent to Governor CV Anand Bose and then President Draupadi Murmu for signature. After this it will become a law. Introducing the bill, Mamata claimed that West Bengal will become the first state in the country to amend central laws regarding rape, gang rape and sexual crimes against children.
The Mamata government has introduced this bill by calling a two-day special session at a time when there is widespread public outrage against the rape and murder of a junior doctor in Kolkata. Mamata Banerjee also mentioned the rape of a Dalit woman in Hathras, Uttar Pradesh in 2020 and the rape and brutal murder of a college student in Bengal's North 24 Parganas district in 2013, as well as the incident with a girl in a government hospital in Jaipur last week. She said, the rate of crime against women is abnormally high in states like Uttar Pradesh and Gujarat. There will be no justice, but the women of Bengal will get justice in the court.
Describing the bill as historic, Mamata said that the proposed bill aims to strengthen the safety of women and girls through new provisions related to rape and sexual crimes. Along with this, Mamata Banerjee on Tuesday demanded the resignation of Prime Minister Narendra Modi, Home Minister Amit Shah and Chief Ministers of all BJP-ruled states and claimed that they have failed to implement effective laws for the safety of women.
The Chief Minister said, “We want the Central Government to amend its existing law and include stringent provisions to ensure speedy justice to the victim and severe punishment to the culprits. But the Center is not interested in this. That is why we have taken the initiative and brought this bill.” This bill will be a model for other parts of the country after it is implemented. After the passage of this bill, a special Aparajita Task Force will be formed from the state police force, which will ensure completion of investigation in such cases within the stipulated time. After the bill is passed, it is being claimed that there is a provision to punish the rape accused within 10 days, but there is no mention of this in the bill.
The Aparajita Bill provides for the death penalty only for rape and murder of women. The Bill also provides for the death penalty for gang rape. The Bill seeks to amend parts of the Indian Judicial Code (BNS) and the Indian Civil Protection Code as well as the POCSO Act of 2012, and provides for the death penalty in many cases of sexual assault, regardless of the age of the victim.
At the same time, after the bill was introduced in the House, BJP leader and Leader of Opposition Suvendu Adhikari said, we want this law to be implemented with immediate effect. It is the responsibility of the state government to implement it. We want results. We have your full support. He also said that there will be no demand for vote on this bill.
The Andhra-Maharashtra bill also provides for death penalty
Earlier, the Andhra Pradesh Disha Bill in 2019 and the Maharashtra Shakti Bill in 2020 were passed in the Assembly. Both these bills also provide for mandatory death penalty in cases of all types of rape and gang rape. Both the bills were passed unanimously by the Assemblies, but they have not yet received the President's assent. It is not decided when the bill passed today in West Bengal will get approval.
Provisions in the Aparajita Bill
, The bill provides for death penalty for those convicted of rape and murder.
, Provision of punishment within 36 days of filing of charge sheet.
, The police will have to complete the investigation within 21 days.
, Provision of five years imprisonment for helping the accused.
, Provision for creation of special Aparajita Task Force in every district.
, This task force will take action in cases like rape, acid attack and extortion.
, Along with rape, acid attack will also be considered an equally serious crime, which will attract life imprisonment.
, There is a provision of 3-5 years imprisonment against those who reveal the identity of the victim.
, The bill also amends the provision of BNS to expedite the investigation and trial of rape cases.