Aparajita Bill: Now rapists will be hanged; What is in Bengal's Aparajita Bill, how is it different from BNS-POCSO?

The West Bengal Assembly on Tuesday unanimously passed the anti-rape bill. The bill provides for the death penalty for the culprits if the victim dies or goes into a 'coma'-like state. During the discussion on the bill in the assembly, Chief Minister Mamata Banerjee demanded the resignation of Prime Minister Narendra Modi, Union Home Minister Amit Shah, and the Chief Ministers of all those states who have not been able to implement effective laws for the protection of women. Let us know about the bill in detail...

First, know what is the name of the bill.

The name of the bill is- 'Aparajita Mahila and Bal Bill (West Bengal Criminal Law and Amendment) Bill 2024'. Its purpose is to implement new provisions related to rape and harrasment offenses and strengthen the protection of women and children.

Why was the bill introduced?

On August 9, an incident of alleged rape and murder of a female doctor came to light at the government RG Kar Medical College and Hospital in Kolkata. Since then there has been anger across the country. Doctors across the country took to the streets in protest against it. Doctors are still protesting for justice in Bengal. Given these widespread demonstrations, a two-day special session of the Assembly was called to introduce and pass this bill.

Purpose of the bill?

The bill proposes to amend the recently passed Indian Justice Code (BNS) 2023, Indian Civil Security Code 2023 laws, and the implementation of the POCSO (Protection of Children from harrasment Offences) Act 2012 in West Bengal. Its purpose is to conduct a speedy investigation of heinous acts of violence against women and children. To conduct a hearing of such cases as soon as possible and to get the harshest punishment.

What are the provisions in the bill?

The bill amends sections 64, 66, 70(1), 71, 72(1), 73, 124(1) and 124(2) of the Indian Justice Code, 2023.

The amendment relates to punishment for rape, rape and murder, gang rape, repeat offenders, revealing the identity of the victim and causing injury by acid attack, etc.

Section 64 of the BNS states that a person convicted of rape will be punished with rigorous imprisonment for a term of not less than 10 years and may extend to life imprisonment. The Bengal law has amended it to extend the jail term to the remainder of the person's natural life plus a fine or death.

The bill provides for amendment of Section 66 of the BNS, which prescribes harsher punishment for the convict if the victim dies or goes into a coma due to rape. The central law provides for 20 years imprisonment, life imprisonment, and the death penalty for such an offense. The Bengal bill states that such convicts should only get the death penalty.

Amending Section 70 of the BNS, which deals with punishment in cases of gang rape, the Bengal law has abolished the option of a 20-year jail term. Life imprisonment and death penalty have been provided for those convicted of gang rape.

The Bengal law has also tightened the punishment in cases related to making the identity of a victim of harrasment violence public. The BNS provides for a jail term of up to two years in such cases, while the Aparajita Bill provides for imprisonment between three and five years.

The Bengal law has also tightened the punishment in cases of child abuse under the Protection of Children from harrasment Offences (POCSO) Act. Apart from this, the Bengal law also includes provisions for the formation of special courts to hear cases of harrasment violence and a task force to investigate them.

The bill also proposes to remove Section 65 (1) of the Act relating to the punishment of those convicted of rape under the age of 16, Section 65 (2) of the Act relating to the punishment of those convicted under the age of 12 and Section 70 (2) of the Act relating to the punishment of persons under the age of 18.

The bill makes the punishment universal regardless of age.

Which states have done this before?

Earlier, the Andhra Pradesh and Maharashtra assemblies had passed bills making the death penalty mandatory in cases of rape and gang rape. None of them has received the President's approval yet.

What will happen next?

The ruling Trinamool Congress's bill was easily passed in the Bengal Assembly with the support of the opposition, but it will require the approval of both the Governor and the President to be implemented. Criminal law comes under the concurrent list. This means that the law passed by the state assembly can be implemented even if it is different from the law passed by Parliament. However, for this, the bill needs to get the President's approval. The President works on the advice of ministers and it is the Center that will decide whether this bill will become an Act or not. Trinamool is the main rival of the BJP and is in power at the Center. In such a situation, it remains to be seen whether the Aparajita Bill gets the green signal or not.

What is the BJP's stand on the matter?

The bill introduced in the assembly has also been supported by BJP MLAs. However, Leader of Opposition Shubhendu Adhikari alleged that the Chief Minister had done this to cover up the heinous crime in Kolkata. He says that Mamata has introduced this bill to avoid the anger of the people and divert their attention. BJP MLAs also demanded the resignation of the Chief Minister over the hospital incident. Meanwhile, Mamata also demanded the resignation of Shubhendu Adhikari for obstructing the proceedings. After the passage of the bill, Shubhendu demanded the state government implement it immediately.

What did Mamata and her party say?

The Chief Minister said that we wanted the Center to amend its existing laws, but they did not show interest in it. That's why we took this step first. He also tabled his two recent letters to Prime Minister Modi on the table of the House. Trinamool National General Secretary Abhishek Banerjee claimed in a post on the social media platform 'X' that one incident of rape is happening every 15 minutes in the country, which has increased the demand for such a law. He said the Central government must take decisive action in the upcoming Parliament session either through an Ordinance or BNSS Amendment to ensure speedy delivery of justice and that the trial and conviction is completed within 50 days.