Context:

Recently, the West Bengal Legislative Assembly unanimously passed the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024.

More on the news

• This Bill, now awaiting the president’s assent, aims to amend the Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and the Protection of Children from Sexual Offences Act 2012 to impose stricter punishments for rape and child abuse in West Bengal.
• The Bill introduces death as the maximum punishment for rape and establishes Special Task Forces and Special Courts for investigating and trying rape cases. 
• These changes will be incorporated into the existing laws if the President of India gives his or her assent.
• Criminal law falls under the Concurrent List, meaning state laws have preference over central laws, subject to Presidential approval. 
• Andhra Pradesh and Maharashtra have previously passed similar laws introducing the death penalty for rape by amending the criminal laws in force at the time. Neither Bill has received the mandatory assent of the President yet.

Key Provisions of the Aparajita Women and Child Bill, 2024

The Bill introduces several important changes to existing laws: 

• Death Penalty for Rape: Capital punishment is proposed for those convicted of rape if the victim dies or is left in a vegetative state.
• Time-Bound Investigations and Trials: Investigations into rape cases must be completed within 21 days of the initial report. This is a substantial reduction from the previous two-month deadline. Extensions are only allowed with written justification from a senior police officer.
• Fast-Track Courts: Special courts will be established to handle sexual violence cases swiftly.
• Aparajita Task Force: A specialized task force, led by a deputy superintendent of police, will be created at the district level to investigate rape and other serious crimes against women and children.
• Stricter Penalties for Repeat Offenders: Repeat offenders could face life imprisonment, with the possibility of the death penalty depending on the circumstances.
• Protection of Victims’ Identities: The Bill includes measures to protect the privacy and dignity of victims during the legal process.
• Penalties for Delaying Justice: Police and health officials who delay action or tamper with evidence will face penalties to ensure accountability.
• Publication Restrictions: Unauthorized publication of court proceedings related to sexual offenses is prohibited, with penalties including imprisonment for 3 to 5 years.