Bengal to table Bill for death penalty in rape cases today: Details here

The new Bill to be tabled in the Bengal Assembly today proposes the death penalty for individuals convicted of rape resulting in death or a vegetative state.

Nearly a month after the rape and murder of a 31-year-old trainee doctor at a Kolkata hospital, the West Bengal government, led by Mamata Banerjee, is set to introduce the Aparajita Woman and Child Bill (West Bengal Criminal Laws Amendment) 2024 in the state Assembly today. This Bill seeks to impose the death penalty on individuals convicted of rape that results in death or leaves the victim in a vegetative state.

The Bill aims to amend existing legislation, including the Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and the Protection of Children from Sexual Offences Act (Pocso) 2012, to strengthen penalties and expedite investigations and trials of heinous crimes against women and children within West Bengal.

 

Key provisions of the Aparajita Bill

Among the significant changes proposed, the draft Bill mandates that investigations into rape cases be completed within 21 days, a marked reduction from the previous two-month timeframe. If investigators require more time, they may extend the deadline by up to 15 days with written justification, as detailed in Section 192 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023.

The Bill also introduces strict penalties for unauthorised publication of court proceedings related to rape cases. Furthermore, anyone disclosing the identity of a victim in specific cases could face imprisonment for three to five years, along with a hefty fine.

To expedite justice, the Bill proposes the establishment of fast-track courts dedicated to handling rape cases. These courts, along with specialised investigation teams, will be provided with the necessary resources and expertise to handle such cases efficiently, thereby minimising the trauma for victims and their families.

An 'Aparajita Task Force,' led by a deputy superintendent of police, will be formed at the district level to investigate cases of rape and atrocities against women and children. This task force aims to ensure a coordinated and effective response to such crimes.

 

Legislative process and political dynamics

The ruling Trinamool Congress (TMC), with its 223 members in the 294-member Assembly, is expected to secure a smooth passage for the Bill. However, the support of Bharatiya Janata Party (BJP) legislators remains uncertain, with no clear indication of whether they will support or abstain during the voting process.

As the Bill is on the concurrent list, it will require the assent of both the state governor and the President to become law. Article 254(2) of the Indian Constitution allows a state legislature to enact a law that contradicts central legislation on a concurrent list subject, provided it receives presidential approval. This would enable the state law to take precedence over the central law within West Bengal.

Chief Minister Mamata Banerjee recently expressed that the state government would have ensured the death penalty for the accused in the trainee doctor’s case if it had the authority.

Latest developments in the Kolkata rape case

In a significant development, the Central Bureau of Investigation (CBI) has arrested Sandip Ghosh, the former principal of RG Kar Medical College and Hospital in Kolkata, for his alleged involvement in financial misconduct at the institution. This arrest came shortly after the CBI detained his security guard, Afsar Ali Khan, and two vendors associated with the hospital, where the trainee doctor's body was discovered on August 9.

The Calcutta High Court recently ordered the transfer of the investigation into the hospital's alleged financial irregularities from a state-constituted Special Investigation Team to the CBI, highlighting the gravity of the case.

Meanwhile, Sanjay Roy, another accused in the case, has reportedly expressed his intention to plead “not guilty” in court. Roy maintains his innocence, as asserted during a CBI-conducted polygraph test.

(With agency inputs)