West Bengal Chief Minister Mamata Banerjee on the Kolkata murder case.
Photo: PTI
Calcutta: The anti-rape bill, which is scheduled to be introduced on July 1, Mama Banerjee The West Bengal Assembly government on Tuesday proposed capital punishment for people convicted of rape if their actions lead to the death of the victim or leave her in a vegetative state.
The bill also stipulated that persons convicted of rape and gang rape would receive a life sentence lasting for the remainder of their natural lives.
The legislation, titled ‘Aparajita Women and Children (West Bengal Criminal Laws and Amendments) Bill, 2024’, aims to enhance the protection of women and children by amending and introducing new provisions related to rape and sexual offences.
The Bill proposes to amend the recently passed Bharatiya Nyay Sanhita Act, 2023, Bharatiya Nagarik Suraksha Sanhita Act, 2023 and the Protection of Children from Sexual Offences Act, 2012 “as applied to the State of West Bengal so as to enhance the punishment and provide the framework for… expeditious investigation and trial of the heinous act of violence against women and children.”
In its statement of purpose, the bill proposes to “create a safer environment for women and children” in the state.
“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 crimes against children are punished to the fullest extent of the law,” the bill states.
A two-day special session of the Assembly has been called in the wake of the rape and murder of a doctor at a state hospital. RG Kar Medical College and Hospital last month and the bill is expected to be introduced by state Law Minister Moloy Ghatak.
The Bill seeks to amend Sections 64, 66, 70(1), 71, 72(1), 73, 124(1) and 124(2) of the BNS, 2023, which broadly refer to punishment for rape, rape and murder, gang rape, repeat offending, disclosure of the identity of the victim and even causing harm by use of acid, etc.
It also proposes the omission of sections 65(1), 65(2) and 70(2) of the said Act relating to penalties for convictions of rape perpetrators under the age of 16, 12 and 18 respectively.
“The Government of the State of West Bengal perceives the heinous act of rape of women and sexual offences against children, irrespective of their age, as the greatest violation of its dignity, irrespective of the status of the perpetrator in relation to the victim or the status of the victim caused by such rape of women and sexual offence against child,” the draft said.
The bill also plans to introduce significant changes to the investigation and prosecution process, stipulating that investigations into rape cases must be completed within 21 days of the initial report being submitted, down from the previous two-month period.
The proposed legislation also provides for extension of the three-week investigation period for a period “not exceeding 15 days by any police officer not below the rank of SP or equivalent, after recording the reasons in writing in the case diary maintained under section 192 of BNSS, 2023.”
According to the bill, the punishment for repeat offenders would also be “life imprisonment, which will mean imprisonment for the rest of the person’s natural life or death and a fine.”
The bill also seeks to criminalize the printing or publication of any matter relating to court proceedings without permission with a penalty of “imprisonment of 3 to 5 years and a fine.”
To implement these changes, the Bill also proposes the creation of a district-level “special task force” called the “Aparajita Task Force” which would be headed by a Deputy Superintendent of Police. This task force would be responsible for investigating offences under the new provisions.
“To expedite investigations and ensure swift justice for victims, this bill establishes a special court and investigation team. These specialized units will be equipped with the necessary resources and expertise to deal with cases of rape of women and sexual crimes against children in an efficient, effective and timely manner, thereby minimizing the trauma suffered by victims and their families,” the bill states.
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