- By Imran Zafar
- Mon, 02 Sep 2024 07:51 PM (IST)
- Source:PTI
The Mamata Banerjee government in West Bengal is set to table the "Aparajita Woman and Child Bill, (West Bengal Criminal Laws and Amendment) Bill 2024" in the state Assembly on Tuesday. The draft legislation proposes capital punishment for those convicted of rape if their actions result in the victim’s death or leave her in a vegetative state. The bill also mandates life imprisonment for the entirety of a convict’s natural life for those found guilty of rape or gang-rape.
The Bill seeks to amend the newly enacted Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023 and the Protection of Children from Sexual Offences (POCSO) Act 2012, specifically in their application to West Bengal. The West Bengal government stated that the amendments are intended to enhance punishments and expedite the investigation and trial processes for crimes against women and children.
"It is a testament to the State's unwavering commitment to uphold the fundamental rights of its citizens, particularly women and children, and to ensure that heinous acts of rape and sexual offences against children are met with the full force of the law", the draft Bill read.
A special two-day session of the Assembly has been convened following the rape and murder of a woman doctor at RG Kar Medical College and Hospital in Kolkata on August 9. West Bengal Law Minister Moloy Ghatak is expected to table the Bill.
The draft bill includes revisions to several sections of the Bharatiya Nyay Sanhita 2023, addressing punishment for rape, gang-rape, repeat offenders and crimes such as acid attacks. It also proposes the omission of specific sections concerning punishments for rape perpetrators under 12, 16 and 18 years of age.
"The state government of West Bengal perceives the egregious act of rape of women and sexual offences against children, regardless of their age, as the utmost violation of their dignity, irrespective of the status of the perpetrator vis-a-vis the victim of the condition of the victim caused by such rape of the woman and sexual offence against the child," the draft mentions.
The draft Bill mandates that investigations into rape cases be completed within 21 days, down from the previous two-month timeframe. However, it allows for a 15-day extension, subject to approval by a senior police officer. Additionally, the bill seeks to penalise unauthorised reporting of court proceedings with imprisonment ranging from 3 to 5 years, along with a fine.
To ensure effective implementation, the Bill proposes the creation of a 'Special Task Force' at the district level, led by a deputy superintendent of police. This task force, named 'Aparajita Task Force,' would focus on investigating offences under the new provisions.
Furthermore, the draft Bill calls for the establishment of dedicated special courts and investigation teams equipped to handle cases of rape and sexual offences against children, aiming to deliver swift justice and minimise trauma for victims and their families.
