New Delhi: Following the rape and murder of a trainee doctor at RG Kar Hospital and the uptick in violence against women and children in the state, the West Bengal government has drafted an anti-rape Bill, titled ‘Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024’.
This legislation aims to create a “safer environment for women and children” by enforcing strict punishments, simplifying investigations in such cases and establishing a dedicated task force to ensure swift action.
Death penalty for rape convicts
The Bill proposes suggests the death penalty for rape convicts whose actions would result in the death of a victim or leave the victim in a vegetative state. The Bill also proposes life imprisonment for other rape and gang rape convicts, guaranteeing that the criminals will remain jailed for the “rest of their natural lives.”
Expeditious investigation and trial
‘ 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, scheduled to be tabled in the Assembly on Tuesday, proposes to amend provisions of Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and the Protection of Children from Sexual Offences (POCSO) Act, 2012, in their application in West Bengal.
Seeking immediate justice and minimising trauma for victims, the Bill shortens the investigation timeline. It demands that rape cases be completed within 21 days of the initial report, a reduction from the previous two-month deadline.
“If it is not possible to complete the investigation within 21 days from the date of information recorded by the officer-in-charge of the police station, then the said period can be further extended not exceeding 15 days by any police officer not below the rank of superintendent of police or equivalent, after recording the reasons in writing in the case diary maintained under Section 192 of the Bharatiya Nagarik Suraksha Sanhita, 2023,” the Bill proposes.
Fast-track courts
The Bill also proposes the creation of dedicated fast-track courts to ensure swift and efficient prosecution. “To expedite investigations and ensure swift justice for victims, this Bill proposes dedicated special courts and investigation teams. These specialised units will be equipped with the necessary resources and expertise to handle cases of rape of women and sexual offences against children efficiently, effectively and timely, thereby minimising the trauma experienced by victims and their families,” the Bill states further.
Aparajita Task Force
Recognising the need for specialised expertise and resources after the RG Kar rape and murder case, the Bill introduces the “Aparajita Task Force,” (ATF) a district-level unit headed by a deputy superintendent of police. The ATF will be tasked with investigating cases of rape and atrocities against women and children in West Bengal. According to the Bill, this task force is designed to provide comprehensive and dedicated attention to these crimes, ensuring thorough investigations and efficient prosecution.
