West Bengal Passes Anti-Rape Bill ‘Aparajita’: Death Penalty

West Bengal has passed the Aparajita Woman and Child Bill, 2024, in response to the rape and murder of a trainee doctor. The bill aims to enhance safety for women and children and comes into effect on September 5, 2024.

Bill Overview and Passage

The Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill, 2024, passed unanimously in the West Bengal Assembly
Introduced in response to the rape and murder of a trainee doctor Maumita at R G Kar Medical College and Hospital
Aims to enhance safety for women and children
Comes into effect on September 5, 2024
Requires assent from the Governor and President due to being on the Concurrent List

Key Provisions

Death penalty for rape convicts if actions lead to victim's death or vegetative state
Investigations must conclude within 21 days of initial report
Establishment of fast-track courts for sexual violence cases
Creation of Aparajita Task Force at district level for investigating cases
Life imprisonment for repeat offenders, with possibility of death penalty
Protection of victims' identities
Penalties for police and health officials who delay justice or tamper with evidence
Restrictions on unauthorized publication of court proceedings

Political Context and Reactions

Chief Minister Mamata Banerjee hailed the bill as "historic" and "model"
Rare moment of cross-party support in the Assembly
Opposition leader Suvendu Adhikari backed the bill but called for immediate implementation
Heated exchanges between ruling Trinamool Congress (TMC) and opposition BJP
Banerjee urged Adhikari to advocate for prompt assent from Governor CV Ananda Bose
BJP welcomed the bill but emphasized existing stringent provisions in Bhartiya Nyay Sanhita (BNS)
Trinamool MP Abhishek Banerjee called for central government action on comprehensive anti-rape law

Broader Implications and Challenges

West Bengal becomes first state to amend central laws addressing such crimes
Bill aims to close gaps in existing central legislation
Banerjee highlighted alarming rates of crimes against women in other states
Concerns raised about implementation and need for social reforms
Debate over state vs. central responsibility in addressing sexual violence
Discussion on need for swift justice and accountability in law enforcement
Potential model for other states to follow in strengthening anti-rape laws

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