Facing protests in West Bengal and criticism from the Supreme Court over the rape and murder of a junior doctor in Kolkata’s RG Kar Medical College and Hospital on August 9, the Mamata Banerjee-led state government has over the past few weeks tried to put the onus of arresting the perpetrators of the crime and ensuring justice is meted out to them expeditiously on the Centre.
As it braved protests from the civil society, doctors, the BJP, the Congress, and the Left parties in Bengal in the wake of the rape and murder of the 31-year-old doctor, the Trinamool Congress government had initially sought to project that it welcomed the handing over of the probe to the Central Bureau of Investigation (CBI). On Tuesday, in another instance of political manoeuvring, the state government introduced the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024 in the state Assembly, which the House passed unanimously.
The Bill has enhanced punishment for rape, gang rape, rape that leads to the death of the victim or leaves her in a vegetative state. It has also proposed that the investigation into such a crime be concluded within 21 days of lodging of the first information report (FIR) instead of two months, and trial completed within 30 days of the filing of the charge-sheet instead of 60 days.
It proposes setting up of district-level “Aparajita” special task forces under the Superintendent of Police (SP) to probe crimes against women and children, with a woman police officer leading the investigation. The duration of investigation can be extended from 21 days to another 15 days by an officer not below the rank of an SP after recording the reasons in writing in the case diary.
The Bill has sought to amend the relevant sections of the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Protection of Children from Sexual Offences (Pocso) Act “in their application” to West Bengal “to enhance punishment” and “to constitute the framework” for “expeditious investigation and trial of the heinous act of violence against women and children”.
In the Assembly, Banerjee asked Leader of the Opposition Suvendu Adhikari to get Governor C V Ananda Bose to sign the Bill, and send it for presidential assent. Criminal laws fall under the Concurrent List of the Constitution. According to Article 254 (2) of the Constitution, a law made by a state legislature with respect to matters in the Concurrent List is void if it contradicts an earlier law made by Parliament, but it can prevail in that state if it receives the assent of the President.
The protests, including midnight candlelight marches, have been reminiscent of the protests in the wake of the 2012 gang rape and murder of Nirbhaya in New Delhi. The protests had forced the then Congress-led UPA government to set up Justice J S Verma Committee, which had recommended amendments to the criminal law to provide for enhanced punishment and quicker trials in cases of sexual assault against women.
According to Kolkata-based political analyst Shikha Mukerjee, the urban electorate, especially the educated middle class, is annoyed with Banerjee and her government. “But the protests by the civil society, including Puja committees and football clubs, have until now remained non-political,” she said.
The protests have indeed created public pressure on Banerjee’s government, but the existing political players, such as the BJP and the Left parties, are yet to find a leader who could rally the people and take on the Bengal CM.
“It is difficult to say how this will play out electorally (since Bengal elections are due in April-May 2026). Banerjee has the numbers in the Assembly and time on her side to create a narrative to supersede what we have seen over the last one month,” Mukerjee said.
That the CBI has failed to arrest any more culprits has somewhat eased the pressure on Banerjee, and it is, in turn, increasing on the doctors with each passing day that they do not return to work.
Key amendments
Proposed by Aparajita Bill to BNS and BNSS
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Completion of investigation of rape cases within 21 days of lodging an FIR, against 2 months under BNSS
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Trial in rape cases to be completed within 30 days instead of 2 months under BNSS
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Setting up of district-level
Aparajita special task forces under Superintendent of Police, with a women officer leading the probe
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Setting up of special courts for fast-track trial of rape cases
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Imprisonment of 3 to 5 years for disclosing victim’s identity, also for printing/publishing court proceedings without permission
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6 months imprisonment for police, health officials for tampering with evidence and also for any person withholding information from STF
The Nirbhaya Act — specified life imprisonment for offenders, and death penalty if the victim dies or is left in a vegetative state
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Expanded the scope of rape to include penetration of the mouth, anus, urethra or vagina with the penis or any other object without consent
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Defined crimes of stalking and voyeurism and specified punishment for these crimes
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Specified punishment for police and hospital authorities for dereliction of duty
First Published: Sep 04 2024 | 10:19 PM IST