LIVE| Bengal govt passes anti-rape ‘Aparajita Bill’; Opposition lends full support
Chief Minister Mamata Banerjee says the Bill aims at quick investigation, fast justice delivery and enhanced punishment
West Bengal Assembly on Tuesday (September 3) unanimously passed the Aparajita anti-rape Bill after Opposition extended full support to it.
Chief Minister Mamata Banerjee said the anti-rape Bill aims at quick investigation, fast justice delivery and enhanced punishment.
Banerjee also demanded resignations Prime Minister Narendra Modi, Union home minister Amit Shah, chief ministers of states, where the incidents of rape and sexual abuse were reported recently, for allegedly failing to implement effective legislations to safeguard women.
Stating that rape is a curse against humanity and social reforms required to stop such crimes, the Bengal CM said the Opposition should ask Governor CV Ananda Bose to sign the Aparajita bill. “It is our responsibility to enact it after that,” Mamata Banerjee said in the assembly.
Earlier, West Bengal Law Minister Moloy Ghatak introduced the anti-rape Bill at the state assembly’s special session.
Key features
The legislation seeks capital punishment for persons convicted of rape if their actions result in the victim's death or leave her in a vegetative state.
Additionally, it stipulates a life sentence without parole for those convicted of rape and gang rape.
Titled the 'Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024,' the legislation aims to strengthen protections for women and children by revising and introducing new provisions related to rape and sexual offences.
A two-day special session of the Assembly has been summoned on Monday in the wake of the rape-murder of a woman medic at the state-run RG Kar Medical College and Hospital last month.
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Capital punishment for rape convicts in cases where victims have died or have gone into a vegetative state.
Life imprisonment (or imprisonment for the remainder of life) for convicts in rape and gang-rape cases.
Life imprisonment for repeat offenders and death penalty along with fine in severe cases.
Speedy investigation process which should be completed within 21 days of filing of report.
It can be extended for 15 more days if a valid reason is cited.
Creation of Special Task Force at district levels named Aparajita Task Force which will investigate offences under the new provisions.
Creation of special courts and investigation teams to handle rape cases and cases of sexual offences against children. Bengal has proposed to set up 52 such courts.
During the discussion on the anti-rape Bill, Leader of Opposition in West Bengal Assembly Suvendu Adhikari, said that the Mamata Banerjee government moved the anti-rape Bill to divert attention from public anger and protests over the murder of a doctor at R G Kar Medical College and Hospital.
"We will give full support to the new bill and will not seek voting on it," he said.
Adhikari demanded immediate enactment of the bill by the state government after its passage.
The Leader of Opposition cited media reports of sexual abuses and rapes in different parts of West Bengal in the past couple of years and alleged that in none of these cases, CBI had taken over investigations of these incidents and the state investigating agencies had "failed" to arrest and ensure stringent punishment for the culprits.
"We also want immediate enactment of the Bill after its passage. I demand the amendments suggested by me including taking action against the concerned police station for any failure to act on the complaint, my recommendations for taking action against the health official concerned if his failure is established in investigation should also be incorporated in the bill," he said.
"In the Kamduni case (the North 24 Parganas rape) we demanded capital punishment... but the matter is pending in the Supreme Court (where an appeal has been filed after the Calcutta High Court acquitted one accused and commuted the death sentence of two others). No one talks about what happened in Unnao (and) the victim of Hathras did not get justice..." the Bengal chief minister said while presenting the Bill in Assembly.
“I have already told the Health Secretary that the routes on which nurses and female doctors travel should be covered. For this, I have sanctioned Rs 120 crores. CCTV cameras will be installed everywhere, where there is no toilet, it will be arranged... We have also made a provision of 'Ratri Saathi', which states that women will do 12 hours duty, and if needed, doctors will extend their duty... We have done this for the safety of women. Women working at night will be given full security, we have also asked hospitals, schools, mid-day meal centres to take appropriate steps. From here, after passing this Bill, it will go to the Governor, after passing from him, it will go to the President and after her approval, it will be historic. Every state will make it a model. The prime minister could not do this, so we are doing this," says Bengal CM.
Under this, Aparajita Task Force will be formed, in which punishment will be given within 21 days of the preliminary report: Mamata
In this, the provisions of the POCSO Act have been further tightened... Death penalty has been provided for rapists if their acts result in the death of the victim or they suffer severe brain damage: Bengal CM
We want immediate implementation of this (Anti-rape) law, it is your (state government) responsibility. We want results, it is the government's responsibility. We do not want any division, we fully support you, we will listen to the chief minister's statement comfortably, she can say whatever she wants but you have to guarantee that this bill will be implemented immediately: West Bengal Leader of Opposition Suvendu Adhikari