State to introduce anti-rape Bill in Assembly today

Kolkata: The state government will introduce the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024 on Tuesday in the state Legislative Assembly to include the provision of the death penalty for person/s committing rape and inflicting injury which causes death or causes the victim to be in a vegetative state.

The punishment for rape and gang rape, according to the Bill, will entail imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, or with death and fine. Provisions for death and fines as well as imprisonment for the remainder of the convict’s life will also be applicable for repeat offenders.

In case of rape of a woman under 16 years of age, the offender will be punished with rigorous imprisonment of not less than 20 years which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and fine. For committing the same crime against a woman under 12 years of age, punishment will be rigorous punishment of not less than 20 years which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life imprisonment and with fine or with death.

Any person who discloses the identity of the victim of “certain offences” will be punished with imprisonment for three to five years and a fine.

The Bill further includes a provision for time-bound investigation in rape cases and seeks to penalise against publishing without permission any matter related to court proceedings in such cases. It will be a punishable offence with imprisonment for three to five years.

The Bill proposes life imprisonment which shall mean imprisonment for the remainder of that person’s natural life and fine for causing grievous hurt by use of acid etc.

All the above offences, except for disclosure of victim’s identity and reporting on court proceedings without permission, will be non-bailable.

Under the statement of objects and reasons behind introducing the new law, the state government argues: “The instant bill aims to create a safer environment for women and children in the state by amending and proposing new provisions related to the offence of rape and sexual offences against children.”

“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-à-vis the victim or the condition of the victim caused by such rape of the woman and the sexual offences against the child,” the bill reads.

The Bill further reiterates that by maximising the punishment of the act of rape of women and sexual offences against children, the Bill shall deter such deplorable acts and ensure the perpetrators face exemplary and severe consequences for their crimes

The state government had in July formed a committee to consider changes to the Bharatiya Nyay Sanhita and the Bharatiya Nagarik Surakasha Sanhita introduced by the Centre to replace the colonial era criminal laws.

The Bengal government has also kept the provision for setting up a special court for “expeditious completion of inquiry or trial of specified offence” and also a task force at the district level, which will be called the Aparajita Task Force, headed by an officer of the level of deputy superintendent of police. The task force will be assigned for probing the specified offences committed against women and children with the same to be led preferably by a female police officer.

In case the investigation cannot be completed within 21 days of the filing of the complaint, the time for the probe will be extended by not more than 15 days, according to the Bill.