Background 

Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, has been passed on 3rd September of this year. This bill has activated followed by the murder and rape incident of a lady doctor during on-duty calls in R.G. Kar Medical College, Kolkata. So, this bill has provided strict punishment for rapists. Nobody can imagine performing such criminal offences including sexual activities anywhere. Moreover, huge penalties for imprisonment have to be imposed on criminals.

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This bill has considered a “knee-jerk reaction” regarding this brutal incident, which occurred at midnight on 9th August. This bill was passed on last Tuesday (3rd September 2024) in the State Assembly. This has proposed amendments to the five different offences under the Bharatiya Nyaya Samhita (BNS). The five several offences are rape, rape by a public servant or police officer, rape resulting in death or sending of the victim to the vegetative state, repeat offender as well as gang rape. The current State government has passed this bill through a special 2 day Assembly Session. 

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Figure 1: Aparajita Woman and Child Bill, 2024

Key Features of Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, (2024)

Death Penalty: The Bill passed in the Assembly contains the death penalty for individuals convicted of rape in cases that the crime results in the death of the victim or a permanent vegetative state.

Life Imprisonment: The bill also proposes life imprisonment for those accused of rape or gang rape. They will have to spend the rest of their lives in prison.

Repeat Offenders: For repeat offenders, the punishment will be life imprisonment or, in severe cases, the death penalty. The individual can also be levied with a financial fine in certain situations.

Amendments to BNS 2023: The Bill also proposes key changes to several sections of the Bharatiya Nyay Sanhita (BNS) 2023. The new bill focuses on stricter punishments for rape, gang rape, and related crimes in comparison to BNS.

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Omission of Certain Sections: The Aparajita Bill has certain sections related to the age of offenders removed. This step will streamline the legal process and put more emphasis on the seriousness of the crime.

Figure 2: Aparajita Woman and Child Bill, 2024

Speedy Investigations: The Bill mandates that investigations into rape cases has completed within 21 days, with a possible extension of up to 15 days. The extension must be justified by a senior police officer.

Special Task Force: A district-level ‘Aparajita Task Force,’ led by a Deputy Superintendent of Police, has established. The task force has dedicated to investigating the rape and sexual offences.

Specialized and Fast-Track Courts: The Bill proposes the creation of 52 special courts to dedicatedly handle investigation teams and oversee cases of rape and sexual offences against women and children efficiently.

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Privacy Protections: The Bill introduces penalties for unauthorised printing or publishing of court proceedings related to rape cases. The offenders of this rule will have to face 3 to 5 years in prison and fines.

Victim-Centered Approach: The Bill aims to minimize the trauma experienced by victims and their families by ensuring swift justice and handling cases with sensitivity.

Figure 3: Aparajita Woman and Child Bill, 2024

This bill has converted into a separate law after getting signature of the President Draupadi Murmu. So, this process has undergone through getting the approval from the President with her consents followed by passing through State Assembly. Honourable President will provide her consents after discussions with Prime Minister along with Cabinet Ministers.

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