Explained: All about Bengal’s Aparajita Bill that proposes death sentence for rape convicts

As per reports, the proposed legislation named Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill 2024, will be moved on the floor of the Assembly by state Law Minister Malaya Ghatak. A total of two hours will be allowed to discuss the proposed law.

Here is all you need to know about the Bill, its key features and what necessitated its introduction:

What is the Aparajita Bill?

The Bill aims to amend the existing laws to ensure stringent punishment for convicts in rape and murder cases.

In July, the West Bengal government had formed a committee to propose changes in the Centre-introduced Bharatiya Nyay Sanhita and the Bharatiya Nagarik Surakhsha Sanhita.

According to The Telegraph Online, the proposed Bill says, “it is expedient to amend the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Protection of Children from Sexual Offences Act, 2012, in their application to the State of West Bengal”.

Why was the Bill drafted?

The drafting of the Bill comes in the wake of the gruesome rape and murder of a female medic at Kolkata’s RG Kar Medical College and Hospital on August 9. It will be presented in the Assembly in the midst of a massive protest by doctors against the crime and a probe by the Central Bureau of Investigation (CBI) into the case.

The 31-year-old postgraduate doctor’s injury-riddled body was found in the seminar hall of the state-run hospital. Sanjay Roy, a civic volunteer, was arrested for the crime.

The Bill under the statement of objects and reasons behind its introduction says that it has been introduced with the purpose of creating a safer environment for women and children.

“The instant Bill aims to create a safer environment for women and children in the state by amending and proposing new provisions related to the offence of rape and sexual offences against children,” it says, according to The Telegraph Online.

“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-à-vis the victim or the condition of the victim caused by such rape of the woman and the sexual offences against the child,” it reportedly reads.

The Bill says that the state government believes that maximising the punishment for rapes and sexual offences against children will act as deterrent for these crimes.

“The state government of West Bengal firmly believes that by maximising the punishment of the act of rape of women and sexual offences against children, the Bill shall deter such deplorable acts and ensure the perpetrators face exemplary and severe consequences for their crimes.”

Key features of the Bill

According to reports, the Bill proposes the provision of death penalty for a person convicted of raping and inflicting injuries which causes death or leaves the victim in a vegetative state. In simple terms, the proposed legislation calls for capital punishment for an accused even if the survivor is alive.

The Bill also proposes the provision for time-bound probe in rape cases.

It calls for penalising publication of any material related to court proceedings without permission. The Bill proposes a jail term for three to five years for offenders in such cases.

According to The Telegraph Online, the Bill also proposes provisions of death, fines and imprisonment for the remainder of the convict’s life in cases of rape, and gang-rape as well as for repeat offenders.

It proposes imprisonment for three to five years and a fine for any person who discloses the identity of the victim in “certain offences”.

Convicts who have caused grievous hurt to victims in acid attack cases will also imprisoned for life, says the Bill.

The Bill proposes all the offences, except for the disclosure of the victim’s identity, to be non-bailable.

Fast-track court, Aparajita Task Force

The Bill also calls for the formation of a special court to ensure a fast completion of inquiry or trial of a specified offence.

It also proposes formation of a task force at the district level named ‘Aparajita Task Force’ to investigate specified offences committed against women and children. The task force will be headed, preferably by a female police officer, of the rank of the deputy superintendent of police.

The Bill proposes jail term up to six months or a fine up to ₹5,000 or both for any officer who fails to assist the investigating officer or causes delay in the probe or intentionally omits to provide assistance.

The Bill says that if the probe is not completed within 21 days of the filing of the complaint, it will be allowed an extension of not more than 15 days.

Mamata's demand for death penalty

On August 14, Chief Minister Banerjee asked the CBI (entrusted with investigating the case by the Calcutta High Court) to complete the entire probe and “hang the guilty” by August 18. She claimed that the Kolkata Police have completed 90 per cent of the probe.

On August 28, in her speech at the 27th foundation day of West Bengal Trinamool Chhatra Parishad, she reiterated her stand on death penalty for rape convicts and said it was the only punishment for accused in crimes like the doctor’s rape and murder at RG Kar Hospital.

She announced that the state government will pass an anti-rape bill in the state Assembly. The proposal to introduce the Bill in the Assembly was approved by the West Bengal Cabinet the same day.

State Agriculture Minister Shobhandeb Chattopadhyay later said that the Bill will be tabled in the Assembly on September 3.

Banerjee has also written two letters to Prime Minister Narendra Modi, demanding stricter central laws that give exemplary punishment to convicts in rape cases. The Bengal chief minister also urged the prime minister to initiate a process which ensures that the trial is completed within 15 days of filing of the case.