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West Bengal Assembly passes 'Aparajita Women and Child Bill': All you need to know about it

'Aparajita Woman and Child Bill 2024' seeks to strengthen protections for women and children. The legislation aims to amend existing laws and introduce new provisions specifically targeting rape and other sexual offences, enhancing legal measures against such crimes in the state.

Edited By: Anurag Roushan @Candid_Tilaiyan Kolkata Updated on: September 03, 2024 15:27 IST
Aparajita Women and Child Anti Rape Bill
Image Source : PTI West Bengal Chief Minister Mamata Banerjee along with party leaders and supporters during a protest march in Kolkata.

The state government introduced the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill on Tuesday. Later, it was unanimously passed by the West Bengal Assembly after the Opposition lent full support to it. The legislation aims to enhance protection for women and children by amending and introducing new provisions related to rape and sexual offences. The bill was tabled by Law Minister Moloy Ghatak on the second day of the special Assembly session on September 3. 

Objectives of the bill

  • The bill provides for capital punishment within 10 days to persons convicted of rape if their actions result in the victim's death or cause her to become vegetative.
  • It stipulates a life sentence without parole for those convicted of rape and gang rape.
  • It also proposes to amend the newly passed Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 laws 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 bill seeks to amend sections 64, 66, 70(1), 71, 72(1), 73, 124(1) and 124 (2) of BNS, 2023, which broadly pertains to punishment for rape, rape and murder, gang-rape, repeat offenders, disclosure of victim identity and even causing hurt by use of acid, etc.
  • It also proposes omission of sections 65(1), 65 (2) and 70 (2) of the said Act pertaining to punishments for convictions of rape perpetrators under 16 years, 12 years and 18 years, respectively.
  • The initial investigation report has to be completed within 21 days.

  • This duration can be extended for a maximum period of 15 days.

  • The SP has to reveal the reason behind the extension of this timeframe of 21 days.

  • All this means that overall, the police have to complete the investigation with a period of maximum 36 days.

  • Fast track force will be constituted in every district

  • The name of Fast track force will be 'Aparajita fast track force'

  • An officer of a rank of DSP will lead this force.

'Mamata Banerjee took all steps on tabling anti-rape bill unilaterally'

Meanwhile, senior BJP leader Suvendu Adhikari on Monday criticised Chief Minister Mamata Banerjee for unilaterally taking all steps regarding the tabling of an anti-rape Bill in the West Bengal Assembly, bypassing the customary involvement of the Speaker. Adhikari, who expressed his support for exemplary punishment for rapist-murderers, lamented that the BJP was given only one hour to participate in the two-hour debate on the bill held in the assembly on September 3. As per standard procedures and assembly business rules, the honourable Speaker usually takes the decision (to call a special session) and the secretariat issues the required note. However, in West Bengal, only one supreme person takes any important decision and other functionaries follow it up going by her words,” the BJP leader told the media.

What led to introduction of this bill? 

It should be mentioned here that a two-day special session of the Assembly has been summoned since September 2 in the wake of the rape-murder of a trainee doctor at the state-run RG Kar Medical College and Hospital on August 9. Later, the semi-naked body of the 32-year-old woman was found in the seminar hall of the government-run hospital in Kolkata. A civic volunteer was arrested in connection with the crime the next day. Following this, the Calcutta High Court ordered the transfer of the probe into the case from the Kolkata Police to the Central Bureau of Investigation.

(With inputs from PTI)

ALSO READ: Sandip Ghosh, ex-principal of RG Kar Hospital, arrested by CBI, students stage fresh protest for justice

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