Aparajita Bill: West Bengal’s New Law Imposes Death Penalty for Rape and Enforces Strict Timeline for Trails

By Legal Wires 5 Minutes Read

The West Bengal government, under the leadership of Mamata Banerjee, has taken a decisive step to address the rising concerns over sexual violence in the state by passing the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024. This Bill, which will come into force on September 5, 2024, aims to significantly enhance the penalties for crimes such as rape and introduces a strict time-bound framework for the investigation and trial of such cases. The move is seen as a response to the public outrage following the brutal rape and murder of a resident doctor at the RG Kar Medical College and Hospital.

Key Provisions of the Aparajita Bill

• The Bill proposes to create a safer environment for women and children in West Bengal by increasing the severity of punishments for rape as outlined in the BNS, 2023.
• One of the notable features of this legislation is the possibility of imposing a death sentence on those found guilty of rape, making it one of the strictest anti-rape laws in the country.
• The Bill also introduces amendments to various sections of the BNS, 2023, including provisions related to rape, rape and murder, gang rape, repeat offenders, and the disclosure of victim identity.
• It specifically addresses the issue of acid attacks, proposing stringent penalties for causing hurt by the use of acid.
• The Bill also proposes to remove any concessions under the BNS for child offenders found guilty of rape, ensuring that even minors face the full consequences of their actions if involved in such heinous crimes.

Context and Motivation Behind the Bill

• The passing of this Bill comes in the wake of the brutal rape and murder of a young doctor at Kolkata’s RG Kar Medical College, an incident that sparked widespread protests and condemnation across India.
• The Mamata Banerjee government, responding to the public outcry, has emphasized the need to strengthen the legal framework to ensure swift and severe punishment for sexual offenders.
• The Bill, according to the government, is a “testament to the State’s unwavering commitment to uphold the fundamental rights of its citizens, particularly women and children, and to ensure that heinous acts of rape and sexual offences against children are met with the full force of the law.”

Drafting and Legal Team Involved

• The Aparajita Bill was meticulously drafted by a team led by Advocate Sanjay Basu, including Advocates Sucharita Basu, Soumen Mohanty, Swati Sharma, Riddhi Jain, Shibana Farheen, Upasana Mohanty, and Pragya Basak (Intern).
• The team ensured that the Bill addressed the key concerns of enhancing the penalties and providing a clear, time-bound process for dealing with sexual crimes.

Click to read: The Aparajita Bill

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Team @LegalWires