Explained: What is Aparajita Bill? Check Key Points, What’s Next and Other Details

Explained: What is Aparajita Bill? Check Key Points, What’s Next and Other Details

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The West Bengal assembly has unanimously passed the ‘Aparajita’ bill. The bill seeks to strengthen laws against rape and sexual offences. The new legislation makes West Bengal the first state to amend the central law on such serious crimes.

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The bill was introduced in the wake of the tragedy in which a trainee doctor was raped and murdered at the RG Kar Medical Centre and Hospital last month. The Mamata government has called for a two-day special parliamentary session to pass the bill.

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What is the West Bengal Government’s Aparajita Act?

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The Aparajita Women and Children Bill, 2024, also known as the Anti-Rape Bill, passed by the West Bengal Assembly seeks to strengthen existing laws on rape and sexual offences by introducing stricter provisions.

The bill proposes changes to several national laws, including the newly passed Indian Sexual Offences Act, 2023, the Indian Child Rights Act, 2023, and the Protection of Children from Sexual Offences Act, 2012. The changes proposed in the bill make the punishment for sex offenders harsher.

10 key points about the Aparajita Act

Here are 10 key points about the ‘Aparajita’ bill, which seeks to strengthen laws against rape and sexual offences in West Bengal:

  1. Death Penalty : The bill passed by Parliament provides for the death penalty for rape if it results in the death of the victim or in a permanent vegetative state.
  2. Life imprisonment: The bill also proposes life imprisonment for those accused of rape or gang rape. They will have to spend the rest of their lives in jail.
  3. Repeat offenders: Repeat offenders may be sentenced to life imprisonment or, in serious cases, the death penalty. In some cases, individuals may also be fined.
  4. Amendments to BNS 2023: The bill also proposes major changes in several sections of the Bharatiya Nyay Sanhita (BNS) 2023. Compared to the BNS, the new bill focuses on stricter punishment for rape, gang-rape and related crimes.
  5. Removal of certain clauses: The Aparajita Bill removes certain clauses related to the age of the convict. This move will simplify the legal process and put more emphasis on the seriousness of the crime.
  6. Fast Track Investigation: The Act states that rape investigations must be completed within 21 days, with a maximum extension of 15 days. Any extension must be justified by a senior police officer.
  7. Special Task Force: A district level ‘Aparajita Task Force’ will be set up headed by a Deputy Superintendent of Police. This task force will specifically investigate rape and sexual crimes.
  8. Specialized and Fast Track Courts: The bill proposes to set up 52 special courts to handle investigation teams and effectively monitor cases of rape and sexual offences against women and children.
  9. Privacy Protection: The bill provides for the punishment of unauthorized printing or publication of court proceedings related to rape cases. Violators face three to five years in prison and a fine.
  10. Victim-centred approach: The bill aims to minimise the trauma experienced by victims and their families by ensuring speedy justice and sensitive handling of cases.

Aparajita Bill passed: What’s next?

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The bill passed easily in the Bengal state assembly with the support of both opposition parties and the ruling Trinamool Congress; however, it is not law until it receives the signature of the president (i.e. President Draupadi Murmu). The criminal code falls under the concurrent list. This means that laws passed by the state assembly will take precedence over those passed by the parliament with the assent of the President of India.

It is clear that the Indian president takes the decision based on the advice of his cabinet ministers and the prime minister. It remains to be seen whether the bill will be approved.

Maharashtra and Andhra Pradesh bills still pending

In the past, the Andhra Pradesh and Maharashtra state assemblies have passed bills seeking death penalty in cases of rape and gang-rape, but none of these has received the presidential assent so far.

Source: https://dinhtienhoang.edu.vn
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