Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024 | #Must Know

Objective of the Bill

The bill aims to enhance safety measures for women and children in West Bengal by amending existing laws and introducing provisions specifically targeting sexual offences. The main focus is on expediting the investigation and adjudication of cases to minimize trauma for victims and ensure justice is delivered swiftly.

Essential Aspects of the Aparajita Bill 2024

1. Amendments to Existing Laws:

The bill proposes amendments to key legislations such as the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Protection of Children from Sexual Offences (POCSO) Act, 2012 in the context of West Bengal. The amendments are designed to increase penalties and introduce mechanisms to speed up investigations and trials for severe sexual violence.

2. Establishment of Special Courts:

Special courts dedicated to handling offences related to women and children will be established under the bill. This provision ensures expedited trials, with the goal of concluding cases within 30 days of chargesheet filing.

3. Capital Punishment for Rape:

The bill proposes capital punishment for individuals convicted of rape that results in the victim's death or leaves the victim in a vegetative state. Other penalties include:

• Rape: Minimum 10 years of rigorous imprisonment and a fine.
• Gang Rape: Minimum 20 years of imprisonment, potentially extending to life imprisonment.
• Rape Resulting in Death or Vegetative State: Minimum 20 years of rigorous imprisonment, with the possibility of life imprisonment or the death penalty.
  

4. Formation of the Aparajita Task Force:

The state government will establish a "Special Task Force" at the district level, known as the Aparajita Task Force. This unit, led by a Deputy Superintendent of Police, will be responsible for investigating "Specified Offences" and ensuring cases are handled efficiently.

5. Investigation Timeline:

To expedite justice, the bill mandates that investigations be completed within 21 days. If this timeline is not feasible, an extension of up to 15 days may be granted by a police officer of at least the rank of Superintendent of Police. All reasons for extensions must be documented in the case diary.

6. Amendments to the Protection of Children from Sexual Offences Act, 2012:

The bill strengthens penalties under the POCSO Act. Notably, it proposes replacing the current punishment for sexual offences against minors with "rigorous imprisonment for life" for the remainder of the offender's natural life, or even the death penalty in extreme cases. This amendment reflects the growing societal demand for stricter punishment in cases involving crimes against children.

Legal Hurdles and Implementation Challenges

While the bill was unanimously passed in the West Bengal Assembly, its implementation is subject to significant legal hurdles. Since criminal law is part of the Concurrent List of the Indian Constitution, state amendments must be approved by both the Governor and the President of India. Governor CV Ananda Bose has forwarded the bill to President Droupadi Murmu for her consideration. This step is crucial since the bill proposes amendments to central laws such as the BNS and BNSS.

Significance and Comparisons with Central Laws

Chief Minister Mamata Banerjee has described the bill as a potential model for the rest of the country, particularly for its focus on timely justice and enhanced penalties. The bill includes provisions stricter than those in the central Bharatiya Nyaya Sanhita, 2023. For instance, while the central legislation allows up to a year for the trial of sexual offences, the Aparajita Bill reduces this to 30 days.

Conclusion

The Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024 represents a significant legislative step toward enhancing the protection of women and children in West Bengal. By introducing stringent penalties, such as capital punishment for heinous crimes, and expediting the investigation and trial processes, the bill aims to tackle procedural delays often seen in India's justice system. However, its legal journey is still underway, with the next steps resting on approvals from both the Governor and the President of India.

References:

1. Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, Available Here
2. Feminism in India, "Aparajita Women And Child Bill, 2024: Inclusions, Loopholes, And Social Stigma." [Accessed September 2024]​(Feminism in India).
3. ABP Live, "Aparajita Bill: Can States Amend BNS, BNSS? Legal Hurdles To Bengal's Anti-Rape Law." [Accessed September 2024]​(ABP Live)
4. India Today, "West Bengal Assembly passes Aparajita anti-rape bill as Mamata Banerjee hits out at BJP." [Accessed September 2024]​(
   India Today).
5. India Today, "West Bengal Aparajita Woman and Child Bill and POCSO Act: Key differences." [Accessed September 2024]​(India Today).
6. Drishti Judiciary, "The Aparajita Women and Child Bill, 2024." [Accessed September 2024]​(Drishti Judiciary).