The law was promised by West Bengal Chief Minister Mamata Banerjee on August 28, during the TMC Chhatra Parishad Foundation Day festivities.
On Tuesday, the West Bengal state legislature will hear the introduction of an anti-rape law by the ruling Trinamool Congress administration. The measure aims to execute anyone found guilty of rape if the offense leaves the victim dead or rendered permanently unconscious.
For those found guilty, it also calls for a life sentence without the possibility of release. The draft bill, titled “Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024,” states that it aims “to create a safer environment for women and children” in the county.
To introduce the law, the administration led by Chief Minister Mamata Banerjee has scheduled a two-day meeting of the state legislature beginning Monday. Moloy Ghatak, the state law minister, will present it.
The new bill seeks to modify the Protection of Children from Sexual Offenses (POCSO) Act of 2012, the recently approved Bharatiya Nyay Sanhita (BNS) 2023, and the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 laws as they pertain to the state of West Bengal.
The proposed legislation aims to modify Sections 64, 66, 70(1), 71, 72(1), 73, 124(1), and 124 (2) of the BNS, 2023. These sections deal, in general, with penalties for rape, rape and murder, gang rape, serial offenders, victim identification disclosure, and employing acid to cause harm, among other things.
Additionally, it aims to remove Sections 65(1), 65(2), and 70(2), which deal with the penalties for rape offenders under the age of sixteen, twelve, and eighteen years, respectively.
The measure suggests a three-week deadline for investigating such offenses, which is a shorter period than the two-month deadline that was previously in place. Further relaxation can be given “not exceeding 15 days by any police officer not below the rank of SP or equivalent, after recording the reasons in writing in the case diary maintained under section 192 of BNSS, 2023”.
“Imprisonment for life, which shall mean imprisonment for that person’s remainder of natural life or with death and fine” is the penalty for repeat offenders.
Additionally, the government wants to establish the “Aparajitha Task Force,” a special task force under the direction of a deputy superintendent of police at the district level. The new proposed law would appoint this task team to investigate such offenses.
These units will be furnished with the tools and knowledge required to manage these situations skillfully and lessen the anguish that befalls the victims and their families. The measure intends to create special courts for the trial of such cases, and publishing any information about court proceedings without authorization is illegal and subject to “imprisonment of three to five years and fine.”
