Bengal Anti-rape Bill passed: The anti-rape bill was passed in the West Bengal Assembly on Tuesday. Under the new law, the investigation of a rape case will have to be completed within 21 days. Apart from this, if the victim goes into coma or dies, the culprit will be hanged within 10 days. The bill will be sent to the Governor. After his signature, it will become a law.
The Mamata government has named the anti-rape bill as the ‘Aparajita’ Women and Child Bill (West Bengal Criminal Law and Amendment) Bill 2024. The state government had called a special session of the Assembly for two days from September 2 to pass the bill. Law Minister Malay Ghatak introduced it in the Assembly.
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A trainee doctor was raped and murdered in Kolkata’s RG Kar Medical College and Hospital on 8-9 August. After this, following protests by doctors and political parties across the country, Mamata Banerjee had said that she would make strict laws for crimes like rape in the state. She had also written a letter to the Prime Minister twice for this.
2 statements of the government and the opposition in the house
We want immediate implementation of the law, it is the responsibility of the state government. We want results. That’s why we fully support it. The Chief Minister can say whatever she wants but she has to guarantee that this bill will be implemented immediately. – Suvendu Adhikari, Leader of Opposition, Bengal Assembly
We have tried to remove the loopholes present in the central law. The opposition should ask the governor to sign the bill, after that it is our responsibility to enact it. – Mamata Banerjee, Chief Minister, West Bengal
9 questions related to the bill and their answers
What is the name of the bill and its purpose?
The Bengal government has named the bill as Aparajita Women and Child Bill 2024. Its purpose is to increase the safety of women and children in cases of rape and sexual abuse by amending the West Bengal Criminal Law and Amendment Bill.
When will the culprit be given the death penalty?
If the victim dies during the rape or goes into a coma, then in this situation the culprit should be given the death penalty.
What will be the jail term if the rapist is given life imprisonment?
The bill states that the convict of rape-gang rape should be given life imprisonment. He should be kept in jail for the whole life. He should not be given parole during this period. Under the current law, the minimum sentence for life imprisonment is 14 years. After being sentenced to life imprisonment, the sentence can be pardoned, parole can be given. The sentence can also be reduced, but one will have to spend 14 years in jail.
Which sections have been changed in the bill?
The draft bill proposes changes in sections 64, 66, 70(1), 71, 72(1), 73, 124(1) and 124(2) of the Indian Penal Code. These mainly include cases of rape punishment, rape and murder, gang rape, continuous crime, revealing the identity of the victim, acid attack. It proposes to remove sections 65(1), 65(2) and 70(2). In these, convicts below the age of 12, 16 and 18 years are punished.
What is there in the bill on the investigation of rape-murder and gangrape?
According to the draft bill, the investigation in rape cases should be completed within 21 days. This investigation can be extended by 15 days, but this will be done only by the Superintendent of Police and officers of equivalent rank, before this they will have to give the reason for this in writing in the case diary.
Is there any provision for habitual offenders?
There is a provision of life imprisonment for such criminals in the bill. In this, the culprit will have to stay in jail till he completes his life. Along with this, a fine will also be imposed.
Will a special team be formed for rape and murder cases?
According to the draft bill, there is a proposal to form a special task force at the district level, which will be named Aparajita Task Force. It will be headed by DSP. This task force will be responsible for investigating the cases under the new provisions.
What changes are proposed to ensure speedy justice to victims?
The bill states that special courts and special investigation teams will be formed. They will be provided with necessary resources and experts who will look into cases related to rape and sexual abuse of children. Their job will be to conduct speedy investigation, provide speedy justice and reduce the trauma suffered by the victim.
Any new rule for media reporting of rape cases?
Yes, permission has to be taken before printing or publishing the court proceedings. If this is not done, there is a provision of 3 to 5 years of imprisonment along with fine.
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