On September 3, the West Bengal Legislative Assembly unanimously approved a groundbreaking anti-rape Bill, marking a significant shift in the state's approach to handling sexual violence.

Named the ‘Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024,’ this new legislation was introduced by state Law Minister Moloy Ghatak during a special session of the Assembly. The Bill seeks to address the growing concerns around rape and sexual violence, particularly in light of a tragic incident involving a post-graduate trainee doctor at RG Kar Medical College and Hospital in Kolkata.

Here are six key provisions of the newly passed Bill:

Capital Punishment: The Bill introduces capital punishment for those convicted of rape if the victim dies or suffers severe trauma, such as entering a vegetative state. This measure aims to create a safer environment for women and children by imposing more stringent penalties on perpetrators.

Amendments to Existing Laws: The Bill proposes amendments to various laws, including the Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and the Protection of Children from Sexual Offences (POCSO) Act 2012. These changes aim to enhance punishment, streamline legal processes, and ensure faster investigations and trials. Specific amendments address issues like gang rape, repeat offenders, and the disclosure of victims' identities.

Life Imprisonment: Convictions for rape and gang rape will result in life imprisonment, defined as incarceration for the remainder of the convict’s life. Repeat offenders could face either life imprisonment or the death penalty, along with fines.

Swift Investigations: The Bill mandates that investigations into rape cases be completed within 21 days of the initial report, compared to the current two-month deadline. If additional time is needed, it can be extended by up to 15 days with proper justification.

Fast-Track Courts: The establishment of special courts and investigation teams is proposed to handle rape and sexual offence cases. These units will be equipped to address cases effectively and minimize trauma for victims and their families.

Special Task Force: A district-level ‘Aparajita Task Force’ will be created to investigate rape and related crimes. This task force will be led by a deputy superintendent of police and will focus on ensuring thorough and timely investigations.

This Bill reflects West Bengal’s commitment to safeguarding the rights of women and children, ensuring that serious crimes are met with the full force of the law.

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