Politics

West Bengal Enacts Aparajita Bill; Tougher Penalties for Sexual Assault Cases

The legislation, introduced by the ruling Trinamool Congress (TMC), was approved by the Bengal Assembly. However, it must receive assent from President Droupadi Murmu before it can be enacted.

West Bengal Enacts Aparajita Bill; Tougher Penalties for Sexual Assault Cases

West Bengal chief minister Mamata Banerjee in state assembly. Image credit: PTI

Amid widespread protests in response to the rape and murder of a 31-year-old doctor at Kolkata's RG Kar Medical College and Hospital, the West Bengal Assembly on Tuesday (September 3) passed the Aparajita Bill. The legislation introduces amendments to the Bharatiya Nyaya Sanhita (BNS), the state's criminal code, which now includes stricter penalties for rape and child abuse.

The legislation, introduced by the ruling Trinamool Congress (TMC), was approved by the Bengal Assembly. However, it must receive assent from President Droupadi Murmu before it can be enacted.

According to Section 64 of the BNS, a convict for rape faces a minimum of 10 years of rigorous imprisonment, potentially extending to a life term. 

The Bengal legislation modifies this to impose imprisonment for the "remainder of the convict's natural life" along with a fine or even the death penalty. Additionally, the Bill stipulates that the fine must be fair and sufficient to cover the victim's medical expenses and rehabilitation costs.

The Aparajita Bill introduces several significant amendments to the BNS. For instance, it revises Section 66, which addresses penalties when rape results in the victim's death or leaves her in a "vegetative state." While the original BNS provisions include options of 20 years imprisonment, life imprisonment, or the death penalty, the Bengal Bill mandates the death penalty exclusively for such cases.

Similarly, the Bill amends Section 70, which pertains to gangrape. The Bengal legislation eliminates the option of a 20-year jail term, specifying instead that those convicted of gangrape face life imprisonment or the death penalty.

Additionally, the Bill increases the penalties for disclosing the identity of a sexual violence victim. Whereas the BNS provides for up to two years of imprisonment for this offense, the Aparajita Bill raises the term to between three and five years.

The Bengal legislation also strengthens punishments for child abuse, aligning them with the Protection of Children from Sexual Offences (POCSO) Act. Beyond these increased penalties, the Bill provides for the establishment of special courts to handle sexual violence cases and the creation of task forces dedicated to investigating these crimes.

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