KOLKATA: The West Bengal Assembly on Tuesday unanimously passed the state’s new anti-rape Bill prescribing capital punishment for convicts if their actions result in the victim’s death or leave her in a vegetative state. It also stipulates life sentence without parole for other perpetrators.
The Assembly saw noisy scenes when the government tabled the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, which proposed to amend certain portions of the Bharatiya Nyaya Sanhita and the POCSO Act “in their application to the state”. The Bill was moved in the wake of widespread protests following the alleged rape and murder of a trainee doctor at Kolkata’s RG Kar Medical College and Hospital on August 9.
The proposed law, which requires assent from the Bengal Governor and then the President, when enacted, would mark a significant development in the state’s legal framework against sexual crimes. The Bill was cleared after Opposition BJP MLAs supported it despite Leader of the Opposition Suvendu Adhikari’s allegation that Chief Minister Mamata Banerjee had moved it to “divert attention from public anger and protests” over the RG Kar incident. He demanded the CM’s resignation for failing to prevent crimes against women in the state.
Responding to the charges, Mamata instead demanded the resignation of Prime Minister Narendra Modi, Home Minister Amit Shah and the chief ministers of all states that had “not been able to implement effective legislations to safeguard women”. She maintained that the Bill was aimed at “quick investigation, fast justice delivery and enhanced punishment”.
Besides capital punishment for convicts, the Bill seeks to bar the reporting of court proceedings. The Trinamool government faced flak from Calcutta High Court and Supreme Court judges over the handling of the case. As the court proceedings were live-streamed, the clips went viral on social media, adding to the Bengal government’s problems.
Adhikari, who spoke before Mamata in the Assembly, said the rape-murder happened with an on-duty doctor inside a government-run hospital. “Even a doctors’ association in Pakistan came out with a statement condemning the RG Kar incident,” he said, accusing the Bengal government of “bringing shame to the country”.
Accusing Mamata of trying to divert the issue, Adhikari alleged the CM had made controversial statements earlier too during rape cases. He cited media reports of Mamata’s comments made during the Kamduni and Park Street rape cases.
Adhikari also asked for amendments in the Bill such as strict punishment for officers if allegations of evidence tampering were found to be true and if investigating officers changed their statements. He also suggested stipulating a 30-day deadline for punishment.
On the other hand, Mamata referred to Unnao and Hathras cases to put the spotlight on crimes against women in BJP-ruled states. “What if I raise slogans against the Prime Minister and the Home Minister for the same reasons you (Adhikari) are raising slogans against me?… Abnormally high crime rates against women in states like UP and Gujarat,” the CM said.
Hailing the Bill as “historic”, Mamata said through the legislation her government tried to “plug the loopholes that existed in the central legislations” in terms of speedy and effective disposal of justice to victims and their families.
The Bill amends Sections 64, 66, 70(1), 71, 72(1), 73, 124(1) and 124 (2) of the 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. by incorporating death penalties to perpetrators and imprisonment for victim’s identity disclosers. It also proposes omission of Sections 65(1), 65 (2) and 70 (2) of the Act pertaining to punishments for convictions of rape perpetrators under 16 years, 12 years and 18 years, respectively, and universalises punishment to guilty irrespective of age and status.