The Aparajita Women and Child (West Bengal Criminal Law Amendment) Bill was passed by a voice vote in the West Bengal Assembly on Tuesday amidst a fierce war of words between the ruling TMC and the BJP. The Aparajita Bill, as it is commonly called, has introduced death penalty as a possible punishment for rape.
During her address in favour of the bill on the floor of the house, Chief Minister Mamata Banerjee cited examples of multiple rape incidents in BJP-ruled states.
She also said, “This is a historic bill. The prime minister couldn’t do it. We did it. The PM is an embarrassment for the country. He failed to protect the women of this country. I demand the resignation of the prime minister and the home minister.”
The TMC chairperson hailed the bill as a significant reform, comparing it to the ‘Age of Child Marriage Act, 1891,’ which was introduced after long social reforms movement by Ishwar Chandra Vidyasagar to end child marriage, and the ‘Bengal Sati Regulation’, championed by Raja Ram Mohan Roy to abolish Sati Pratha.
The Aparajita Bill has amended several sections of the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the 2012 POCSO Act to raise the severity of punishments in cases related to rape and sexual assaults.
While the BJP did not oppose the bill, Leader of the Opposition (LoP) Suvendu Adhikari sharply criticized the TMC government, highlighting several rape incidents that occurred during its tenure. He also pressed the government to implement the bill quickly, stating, “We want to see results.”
The LoP also proposed several amendments to the bill, but most were dismissed by a voice vote. However, the chief minister agreed that one of the suggestions would be reviewed by the state government.
After the amendments were rejected, BJP MLAs, led by Mr Adhikari, began protesting. The opposition created a commotion, chanting slogans demanding the chief minister’s resignation and calling the bill “an eyewash”.
Other than the death penalty, the Aparajita Bill stipulates that rape is punishable by life imprisonment along with a fine. The bill also mandates that the fine collected should be allocated for the victim’s treatment and rehabilitation.
The bill suggests establishing a special court, with one to be set up in each district. Rape cases will be heard by either the State Sessions Judge or an Additional Sessions Judge, with approval from the Calcutta High Court.
Additionally, the government will appoint a Special Public Prosecutor, with at least seven years of experience, to represent the victim in court.
The new amendment bill requires that the Officer-in-Charge (OC) of the police station complete the investigation within 21 days of the FIR being filed. If the investigation isn’t finished within this period, an additional 15 days may be granted, but no more.
Should the OC be unable to meet this deadline, an SP-ranked officer will be given an extra 15 days to oversee the investigation.
It now remains to be seen if the Governor gives his nod to the Aparajita Bill soon or takes a different action. Earlier this year, the West Bengal government approached the Supreme Court of India against the Governor for delaying eight important bills.
