Amid widespread protests following the rape and murder of a 31-year-old doctor at Kolkata’s RG Kar Medical College and Hospital, the West Bengal Assembly today passed the Aparajita Bill, amending certain provisions of the criminal code, Bharatiya Nyaya Sanhita, within the state. These amendments impose stricter penalties for rape and child abuse.
The Aparajita Bill aims to amend several sections of the newly-introduced Bharatiya Nyaya Sanhita (BNS). According to Section 64 of BNS, a rape convict faces a minimum of 10 years of rigorous imprisonment, extendable to life. The Bengal legislation increases this punishment to life imprisonment for the convict’s natural life, along with a fine, or the death penalty. Additionally, the fine is intended to cover the medical expenses and rehabilitation costs of the victim.
The bill also proposes changes to Section 66 of BNS, which deals with cases where rape results in the victim’s death or leaves her in a vegetative state. While the central legislation prescribes a 20-year prison term, life imprisonment, or the death penalty, the Bengal Bill stipulates only the death penalty for such crimes.
Section 70 of BNS, addressing gangrape penalties, is also amended by the Bengal legislation. The option of a 20-year jail term is removed, leaving only life imprisonment or the death penalty for those convicted of gangrape.
Further, the Aparajita Bill increases the penalty for publicising the identity of a sexual violence victim. While BNS allows for up to two years of imprisonment, the Bengal legislation increases this to three to five years.
The Bill also strengthens punishments under the Protection of Children from Sexual Offences (POCSO) Act of 2012 and introduces provisions for establishing special courts to hear sexual violence cases and task forces to investigate them.
The ruling Trinamool Congress passed the legislation in the Bengal Assembly with the support of both ruling and opposition members. However, for the Bill to become law, it requires the assent of both the Governor and the President. Criminal Law falls under the concurrent list, meaning state legislation can be implemented even if it conflicts with central law, provided it receives Presidential assent. However, given that the Trinamool Congress is a key rival of the BJP, which controls the central government, it is unlikely that the Aparajita Bill will receive the necessary approval. Previously, the Andhra Pradesh and Maharashtra Assemblies passed similar bills mandating the death penalty for rape and gangrape, none of which have received Presidential assent.
West Bengal Chief Minister Mamata Banerjee is aware that the Aparajita Bill is unlikely to receive Presidential approval, and its stringent provisions may never be enacted. So, why did her party push the bill through the Assembly? The answer lies in the widespread outrage against her government following the August 9 rape-murder incident.
Ms. Banerjee has faced severe criticism from the Opposition and civil society over the crime at the state-run hospital. In an attempt to counter the BJP, the main Opposition party, the Trinamool leadership has demanded a central law imposing the death penalty for rape. This legislation seems to be a strategic move to manage public perception and counter criticism related to the RG Kar rape-murder case, in which the BJP has accused her of shielding the culprits.
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