Kolkata Rape Case: In a move that could lead to ripples of fierce political debates, the West Bengal Assembly on Tuesday passed the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, unanimously. The new law, moved by Chief Minister Mamata Banerjee, prescribes the death penalty for rape and murder convicts-a critical development in the state’s legal framework after a recent gruesome crime incident in Kolkata triggered public outcry.
An Overview of the Aparajita Woman and Child Bill
The Bill seeks to amend various provisions of the Bharatiya Nyaya Sanhita and other related laws. One of the salient features of the bill is to make the penalty of death mandatory in cases involving both rape and murder. It has also provided severe punishment for the acts like gang rape and acid attacks, imprisonment for life to the extent of convict’s natural life.
Under the existing BNS, a capital punishment is considered if the rape is committed with a resulting death or leaving the victim in a persistent vegetative state. However, according to the proposed Bill, the sentence would be made mandatory in cases of rape with murder. The Bill also proposes an extra severity in punishment in cases of revealing victims’ identities. Three to five years imprisonment has been proposed under the law.
The Bill also aims to do away with the delays in the delivery of justice through the amendments in the BNSS and the POCSO Act, 2012, regarding trials by providing speedy trials through setting up more fast-track courts, along with basic infrastructure and facilities in order to hold time-bound trials. This would thereby enhance the efficiency of the investigating agencies.
Opposing camps engaged in a political face-off
The passage of the bill coincides with the growing pressure the TMC government finds itself under since the gruesome rape and murder of a 31-year-old junior woman doctor, a resident at Kolkata’s RG Kar Hospital, last month. The incident has sparked countrywide protests and put the state administration on the back foot.
Chief Minister Mamata Banerjee lambasted the Central government in harshest terms for its inaction to strengthen the laws to protect women while speaking before the assembly. She spoke of the crimes in states ruled by the BJP, like Uttar Pradesh, and demanded that Prime Minister Narendra Modi and Union Home Minister Amit Shah quit. The remarks immediately led to an immediate backlash from the BJP which accused Banerjee of using this bill for diverting attention from the state government’s alleged mishandling of the Kolkata crime.
“We wanted the Centre to amend its existing laws and include stricter clauses for quicker justice. When they showed no enthusiasm, we decided to take the lead,” Banerjee said, adding that the new bill could act as a model for the rest of the country.
Constitutional and Legal Hurdles Ahead
In India, criminal law is placed under the concurrent list and thus amendments can be made both by a state legislature and by the central legislature; however, if there is any conflict between a state law and a central law on a subject of criminal law, the central law prevails unless the state law obtains presidential assent.
The Aparajita Woman and Child Bill thus awaits its fate, which now lies in the hands of the Governor, CV Ananda Bose. He is likely to forward the bill to the President for his assent. As the Disha Bill, 2019, from Andhra Pradesh and Shakti Bill, 2020, from Maharashtra await presidential assent, a similar fate has been questioned over West Bengal’s new law.
A Contentious Debate
There were heated exchanges between TMC and BJP legislators during the assembly session. Leader of the Opposition Suvendu Adhikari asked if the state government followed constitutional norms while drafting the bill, saying the BNS already provides for the death penalty in specific cases. To this, Banerjee replied by challenging the BJP to ensure the bill’s passage by urging the governor to sign it and send it for presidential assent.
Banerjee also referred to the low conviction rates of rape cases in different parts of India, emphasizing that strict legislation is required on behalf of the victims. She referred to the previous incidents in the BJP-ruled states and included among them two of the most well-known cases: Unnao and Hathras.
The Aparajita Woman and Child Bill’s passage in the West Bengal Assembly at a time when the TMC government is facing much heat from the RG Kar Hospital incident, can be considered a watershed moment for the Vidhan Parishad of West Bengal. Be that as it may, it still remains to be seen whether this bill will stand the test of legal and constitutional challenges, but for all practical purposes, it has set the stage for a broader national debate on the punishment of sexual violence.
Will it Prove to be a Deterrent?
The anti-rape law that has been passed in the West Bengal Assembly carries harsh punishments, including death for rape and murder, as deterrents. Yet, debates persist on whether or not death penalties work as deterrents. Those opposed to these stress more on fast-track justice, vindicating the speedy legal processes to hold people accountable and ensuring that impunity will not be tolerated. Whether this law acts as a deterrent will depend upon implementation and larger social changes in dealing with violence against women.