On Tuesday, the West Bengal state legislature will hear the introduction of an anti-rape law by the ruling Trinamool Congress administration. The measure aims to execute anyone found guilty of rape if the offense leaves the victim dead or rendered permanently unconscious.
It also seeks life sentence without parole for the convicted accused. Named “Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024”, the draft bill in its statement proposes “to create a safer environment for women and children” in the state.
Chief minister Mamata Banerjee led government has called for a two-day session of the state assembly from Monday to table the bill. It will be introduced by state law minister Moloy Ghatak.
The new bill aims to amend the newly passed criminal law reform bills Bharatiya Nyay Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 laws and the Protection of Children from Sexual Offences (POCSO) Act 2012 in their application to the state of West Bengal.
The draft 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 causing hurt by use of acid, etc.
It also seeks to omit Sections 65(1), 65 (2) and 70 (2) related to punishments for convictions of rape perpetrators under 16 years, 12 years and 18 years, respectively.
For the investigation of such offences, the bill proposes a three-week deadline, a reduction from the previous two-month deadline. Further relaxation can be granted “not exceeding 15 days by any police officer not below the rank of SP or equivalent, after recording the reasons in writing in the case diary maintained under section 192 of BNSS, 2023”.
Punishment for repeat offenders would be “imprisonment for life, which shall mean imprisonment for that person’s remainder of natural life or with death and fine”.
The government also seeks to create a special task force at the district level named “Aparajitha Task Force” at the district level, led by a deputy superintendent of police. This task force would be in charge of investigating such offences under the new proposed law.
These units will be equipped with necessary resources and expertise to handle such cases effectively and also reduce trauma experienced by victims and their families.
For trial of such cases, the bill aims to establish special courts and publishing of any matter relating to court proceedings without permission is punishable with “imprisonment of 3 to 5 years and fine”.
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Source: HT
