Since the Aparajita Bill is on the concurrent list, it would need approval from both the state governor and President. (Image: PTI File)
If a person discloses the identity of the victim of ‘certain cases’, he/she will be imprisoned for three to five years and a fine will be imposed. The Bill seeks to set up fast-track courts for rape cases
Almost a month after the rape and murder of a 31-year-old junior doctor in a Kolkata hospital, the West Bengal government led by Mamata Banerjee has decided to table the Aparajita Woman and Child Bill 2024 in the assembly on Tuesday.
The Bill seeks to punish “persons committing an offence of rape and inflicting injury which causes death or causes the woman to be in a vegetative state” with the death penalty, as per official documents.
The bill was aimed at amending the existing provisions under the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and the Protection of Children from Sexual Offences Act, 2012, “in their application to the state of West Bengal to enhance punishment and to constitute the framework for…expeditious investigation and trial of the heinous act of violence against women and children.”
The government has called a two-day special Assembly session from Monday in the wake of the rape of a trainee doctor that has caused anger and widespread protests in the country.
What are the Significant Changes in the Bill?
The provisions of the draft Bill on the investigation and prosecution process stipulates that the probes into the rape cases shall be completed within 21 days of the initial report from the earlier two-month deadline.
“If it is not possible to complete the investigation within the period of 21 days from the date of information recorded by the officer-in-charge of the police station, then the said period can be further extended not exceeding 15 days by any police officer not below the rank of superintendent of police or equivalent, after recording the reasons in writing in the case diary maintained under Section 192 of the Bharatiya Nagarik Suraksha Sanhita, 2023,” the Bill states.
It also seeks to penalise publishing without permission any matter related to court proceedings in rape cases, The Telegraph reported.
According to reports, if a person discloses the identity of the victim of “certain cases”, he/she will be imprisoned for three to five years and a fine will be imposed.
The Bill also seeks to set up fast-track courts for rape cases. “To expedite investigations and ensure swift justice for victims, this Bill proposes dedicated special courts and investigation teams. These specialised units will be equipped with the necessary resources and expertise to handle cases of rape of women and sexual offences against children efficiently, effectively and timely, thereby minimising the trauma experienced by victims and their families”.
‘Aparajita Task Force’ will be constituted to investigate cases of rape or atrocities on women and children. The task force will be formed at the district level and headed by a deputy superintendent of police for the investigation.
Under the statement of objects and reasons, it has been mentioned that the Bill is aimed at creating a “safer environment for women and children in the State of West Bengal by amending and proposing new provisions related to the offence of rape and sexual offences against children”.
What About the Passage of the Bill?
With the Trinamool Congress having a support of 223 MLAs in the 294-member Assembly, the passage of the Aparajita Bill should be smooth. Reports say BJP legislators have not hinted whether they would support or abstain during voting.
Since the Bill is on the concurrent list, it would need approval from both the state governor and President.
As per Article 254(2) of the Constitution, a state legislature can pass a law that contradicts a central law on a matter in the concurrent list, but only if the state law receives presidential assent. This means that the state law will prevail in that state, even if it is different from the central law as long as it has been approved by the President.
On August 28, Chief Minister Mamata Banerjee said the state government would have ensured capital punishment to the accused in the trainee doctor’s rape and murder case if it had power.