The West Bengal Assembly on Tuesday unanimously passed a new anti-rape bill. This bill provides for the death penalty for the culprits if the rape victim dies or goes into a coma. During the discussion on this bill in the assembly, Chief Minister Mamata Banerjee demanded the resignation of Prime Minister Narendra Modi, Union Home Minister Amit Shah, and the Chief Ministers of all those states who have not implemented effective laws for women's safety.
Title and Objective of the Bill
The name of this bill is- 'Aparajita Women and Child Bill (West Bengal Criminal Law and Amendment) Bill 2024'. Its purpose is to implement new provisions related to rape and sexual offenses and to strengthen the protection of women and children.
Reason for introducing the bill
The alleged rape and murder of a female doctor at the Government RG Kar Medical College and Hospital in Kolkata on August 9 sparked outrage across the country. Doctors took to the streets in protest and there were widespread demonstrations in Bengal. This is why the Assembly called a special session to introduce and pass this bill.
Key provisions of the Bill
Amendments to the Indian Justice Code: The Bill amends sections 64, 66, 70(1), 71, 72(1), 73, 124(1) and 124(2) of the Indian Justice Code (BNS), 2023. It provides for punishment for rape, rape and murder, gang rape, repeat offenders, disclosure of the identity of victim, and acid attacks.
Punishment for rape: Under Section 64 of the BNS, a person convicted of rape will be given a minimum rigorous imprisonment of 10 years. The Bengal bill has extended this to life imprisonment or the death penalty.
Cases of coma or death: Section 66 of the BNS has been amended to provide for the death penalty to the culprit if the victim dies or goes into a coma due to rape.
Gang rape: Section 70 of the BNS has been amended to provide for life imprisonment and death penalty in cases of gang rape.
Punishment for disclosing the identity of the victim: The punishment for disclosing the identity of a victim of sexual violence has been tightened. In the BNS, the punishment for this was two years of imprisonment, while in the Aparajita Bill, it has been increased from three to five years.
Amendments to the POCSO Act: Punishment in cases of sexual abuse of children has been made stricter. The bill also provides for the formation of special courts and task forces.
Changes in section of the Act: The section providing age-based punishment for rapists has been removed, making the punishment universal.
Similar bills in other states
Earlier, Andhra Pradesh and Maharashtra had also passed bills making the death penalty mandatory in cases of rape and gang rape, but they have not received the President's approval.
Next step
The bill has been passed in the West Bengal Assembly with the support of the opposition, but it will require the approval of the Governor and the President to be implemented. The bill cannot be implemented without the President's approval, and it remains to be seen whether the central government recognizes this bill.
BJP’s stand
BJP MLAs have supported the bill, but Leader of Opposition Shubhendu Adhikari alleged that this bill has been introduced only to cover up the crime in Kolkata and divert people's attention. BJP MLAs have also demanded the resignation of the Chief Minister.
Mamata Banerjee's reaction
Chief Minister Mamata Banerjee said she had appealed to the Center to amend the existing laws, but the Center did not show any interest in it. Trinamool National General Secretary Abhishek Banerjee also posted on social media that a rape incident is happening every 15 minutes in the country, which has increased the demand for such a law. He has appealed to the central government to make an ordinance or BNSS amendment to ensure speedy justice.
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