Bengal Assembly unanimously passes ‘historic’ Aparajita Bill
Kolkata: On Tuesday, the Bengal Assembly unanimously passed ‘Aparajita Woman and Child (West Bengal Criminal Laws and Amendment) Bill, 2024,’ with Chief Minister Mamata Banerjee calling it “historic and model for other states” aiming to “address pertinent issues caused by gaps in the existing criminal laws”.
Chief Minister (CM) Banerjee while discussing “Aparajita Bill” in the Assembly countered BJP MLAs’ demand for her resignation by asking questions as to why the Prime Minister (PM) Narendra Modi, Home Minister (HM) Amit Shah have not resigned yet after so many incidents of rape occurred in various parts of the country. Banerjee also demanded the resignation of the Chief Ministers of those states where women were raped and murdered.
“We have passed a historic Bill. The Prime Minister (PM) has not been able to do so. Shame on the Prime Minister as he failed to protect the women of the country. Ask the PM to resign. Ask Home Minister to resign. BJP is trying to malign Bengal,” Banerjee said in reply to BJP MLAs slogan: “Daabi Ek/Dofa Ek/Mukhhya Mantrir Padatyag” (One point agenda/One point demand/CM’s resignation).
She highlighted the high rates of crimes against women in states like Uttar Pradesh and Gujarat, contrasting them with Bengal, where she claimed that victims are receiving justice in the courts. “Crime rates against women in states like UP and Gujarat are much higher. In UP around 7 lakh cases of torture on women occurred while in Gujarat around 5 lakh such cases were registered. In Bengal the figure stood at 1.5 lakh. In Bengal, women will get justice in courts,” Banerjee said.
“Our state is in the third position in the matter of fast-track courts,” she told the House.
Referring to other rape incidents in the country, she said: “No one talks about what happened in Unnao (and) the victim of Hathras did not get justice...” She demanded the resignation of PM Modi and HM Shah, as well as chief ministers of various states as they were “unable to implement effective legislations to safeguard women”.
The mention of Modi and Shah triggered loud protests from BJP MLAs including Opposition leader Suvendu Adhikari inside the Assembly, to which Banerjee asked, “What if I raise slogans against PM and HM as you raise against me.”
While discussing on the “Aparajita Bill”, Banerjee asserted that her government will make rape a crime commensurate with murder for which punishment will be death or life in jail. She said the “historic” new law will ensure fast-tracked investigations and stricter punishments.
There was a dichotomy on the move of BJP MLAs on the floor of the House on Tuesday as they supported the Bill brought by the Trinamool Congress government and at the same time shouted slogans demanding resignation of the Chief Minister. Senior cabinet minister Chandrima Bhattacharya slammed the BJP outside the Assembly and termed it as a “double standard” of the BJP. Despite some chaotic scenes in the Assembly, the “Aparajita Bill” was passed unanimously with support from the Opposition MLAs. The law, according to the CM, will “plug loopholes” in the centre’s laws.
“Rape is a curse against humanity (and) social reforms are required to stop such crimes...” Banerjee said, urging Governor CV Ananda Bose, who has also taken pot shots at the Trinamool Congress on the RG Kar Hospital case, to sign the Aparajita bill without delay. Leader of Opposition Suvendu Adhikari had proposed some amendments which were not accepted by the House. Adhikari urged the Mamata Banerjee government to implement the Bill as quickly as possible. Banerjee in turn urged Adhikari to ensure that the Governor gives his assent to the Bill so that it reaches the President of India.
While speaking on the issue, Banerjee referred to Andhra Pradesh and Maharashtra as examples saying Bengal is not the first state seeking stricter law to stop crime against women.
“Maharashtra and Andhra Pradesh are bringing laws. A disease needs a cure. According to the 2022 Crime in India report, a charge sheet was filed in 76 per cent rape cases but the conviction rate was only 2.56 per cent. When Nyaya Sanhita was introduced, I requested the home minister not to act in a hurry. I demanded discussion in Lok Sabha, Rajya Sabha and all state assemblies,” Banerjee said.
“We want justice from the CBI... CBI should hang the criminal,” Banerjee added.
The Bill proposes amendments to various sections of the Bharatiya Nagarik Suraksha Sanhita 2023 and Protection of Children from Sexual Offences (POCSO) Act 2012 to ensure time-bound trial, more fast-track courts and added infrastructure for law enforcement agencies.
Banerjee expressed her thanks to the BJP MLAs for supporting the bill and said: “Though everyone opposes me, I am not against them. I would like to say thank you to everyone, in the fight for women’s rights.” She further stated: “I did not know when I fixed the day, but history repeats itself. September 3 is a historic day in the fight for women’s rights. In 1981 today is the day the United Nations convened the Convention on the Elimination of All Forms of Discrimination to protect the rights of women.”
“Once this Bill is passed, we will form a special Aparajita Task Force from among police to ensure time-bound completion of the probe,” she added. In reply to a point raised by Adhikari that state changed 14 lawyers in Kamduni case, Banerjee said the incident happened on June 7 in 2013 and the CID had submitted a charge sheet within 3 weeks. On July 10, the supplementary charge sheet was filed. The court made its ruling on January 20 in 2016.
