Doctor death: Bengal Govt proposes capital punishment for rape-murder convicts in draft Bill

KOLKATA: The draft of the anti-rape Bill, scheduled to be tabled by the Mamata Banerjee government in the West Bengal Assembly on Tuesday, proposes capital punishment for persons convicted of rape if their actions result in the victim's death or cause her to become vegetative. Additionally, the draft stated that persons convicted of rape and gang-rape would receive a life sentence lasting for the rest of their natural lives.

Titled 'Aparajita Woman and Child Bill, (West Bengal Criminal Laws and Amendment) Bill 2024,' the legislation aims to enhance protection for women and children by amending and introducing new provisions related to rape and sexual offences. The draft Bill proposes to amend the newly passed Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 laws and the Protection of Children from Sexual Offences Act 2012 "in their application to the state of West Bengal to enhance punishment and to constitute the framework for...expeditious investigation and trial of the heinous act of violence against women and children."

In its statement of purpose the draft Bill proposes "to create a safer environment for women and children" in the state. "It 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", the draft Bill states.

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A two-day special session of the Assembly has been summoned in the wake of the rape-murder of a woman medic at the state-run RG Kar Medical College and Hospital last month and the Bill is scheduled to be tabled by state law minister Moloy Ghatak. The draft Bill seeks to amend sections 64, 66, 70(1), 71, 72(1), 73, 124(1) and 124 (2) of BNS, 2023, which broadly pertains to punishment for rape, rape and murder, gang-rape, repeat offenders, disclosure of victim identity and even causing hurt by use of acid, etc.

It also proposes omission of sections 65(1), 65 (2) and 70 (2) of the said Act pertaining to punishments for convictions of rape perpetrators under 16 years, 12 years and 18 years, respectively. "The state government of West Bengal perceives the egregious act of rape of women and sexual offences against children, regardless of their age, as the utmost violation of their dignity, irrespective of the status of the perpetrator vis-a-vis the victim of the condition of the victim caused by such rape of the woman and sexual offence against the child," the draft mentions.

Changes introduced in anti-rape Bill

The draft Bill is also slated to introduce significant changes to the investigation and prosecution process. It stipulates that probes into rape cases must be completed within 21 days of the initial report, a reduction from the previous two-month deadline. The proposed legislation also provides for extension of the three-week investigation deadline by a period of "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".

According to the draft, the punishment for repeat offenders would also be "imprisonment for life, which shall mean imprisonment for that person's remainder of natural life or with death and fine". The proposed legislation also seeks to penalise printing or publishing of any matter relating to court proceedings without permission with a punishment of "imprisonment of 3 to 5 years and fine".

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To implement these changes, the draft Bill also suggests the creation of a 'Special Task Force' at the district level, named 'Aparajita Task Force', which would be led by a deputy superintendent of police. This task force would be responsible for investigating offences under the new provisions.

"To expedite investigations and ensure swift justice for victims, this Bill establishes a dedicated special court and investigation team. These specialised units will be equipped with the necessary resources and expertise to handle cases of rape of women and sexcual offences against children efficiently, effectively and timely, thereby minimising the trauma experienced by victims and their families," the draft Bill states.