Mamata government of West Bengal is surrounded from all sides due to the massive protests and CBI investigation against the rape and murder of a trainee doctor in Kolkata’s RG Kar Medical College and Hospital. Meanwhile, the government of West Bengal Chief Minister Mamata Banerjee passed the ‘Aparajita Bill’ in the West Bengal Assembly today. This bill amends some provisions in the Indian Justice Code (BNS) and makes the punishment more stringent in cases of rape and child sexual abuse. This bill was passed amid huge uproar in the assembly on Tuesday. After the passage of the bill, Chief Minister Mamata Banerjee targeted the Modi government at the Center and said that we have done the work that PM Modi’s government could not do. She has described this bill as historic. Let us know about the provisions of the Aparajita Bill.
Key provisions of the Aparajita Bill
The Aparajita Bill proposes amendments to several sections in the Indian Penal Code (BNS). Under the BNS, a person convicted of rape is punished with 10 years of rigorous imprisonment, extendable to life imprisonment. The Bengal legislature proposes to increase this punishment to life imprisonment and fine or death. Moreover, the fine should be such that it can cover the medical and rehabilitation costs of the victim.
The bill also proposes amendment to Section 66 of the BNS, under which the central law provides for 20 years imprisonment, life imprisonment and death penalty for causing death or in a state of distress to the victim after rape. In such a situation, the Aparajita Bill limits it to only death penalty. Section 70 related to gang rape cases has abolished the option of 20 years imprisonment and provides for life imprisonment or death penalty for it.
The Aparajita Bill also proposes to change Section 66 of the BNS. Under Section 66 of the BNS, there is a provision of 20 years of imprisonment, life imprisonment and death penalty if the victim dies after rape or is put in a critical situation. While the Aparajita Bill proposes to give only death penalty for such acts, Section 70 of the BNS related to gang rape cases proposes to abolish the option of 20 years of imprisonment and make it a provision of life imprisonment or death penalty.
Apart from this, the bill also tightens the penalties related to making the identity of the victim of sexual violence public. Under the BNS, there is a provision of a jail term of up to two years in such cases, while under the Aparajita bill, a jail term of three to five years has been provided. Along with this, the punishment has also been tightened in child sexual abuse cases. The bill also provides for the establishment of special courts and special task forces that will hear and investigate cases of sexual violence.
Will the President approve the Aparajita Bill?
This bill has received the support of both the ruling Trinamool Congress and the opposition in the West Bengal Assembly, but to implement it, the approval of President Draupadi Murmu will be required. It is noteworthy that criminal law comes under the concurrent list of the Constitution, so the law passed by the state assembly can be implemented only after the approval of the President. The President works on the advice of the Union Council of Ministers. Now the Center will decide whether this bill becomes a law or not.
Although this bill has the support of BJP in West Bengal, there is a BJP-led NDA coalition government at the center. Trinamool Congress and BJP are opposing each other in the Lok Sabha, so the possibility of the Aparajita bill getting a green signal is less. Earlier, the Andhra Pradesh and Maharashtra assemblies had also made provision for death penalty in rape and gang rape cases, but these too have not received the President’s approval.