Explained: What is Aparajita Bill? West Bengal Legislation Vs Existing Laws | Top Points

Kolkata: Amid massive uproar over the rape and murder of a trainee woman doctor at state-run RG Kar Medical College and Hospital in Kolkata, West Bengal Chief Minister Mamata Banerjee on Tuesday tabled the ‘Aprajita’ Anti-Rape Bill in the Bengal Assembly proposing capital punishment for rapists in the state, which was passed unanimously by the West Bengal Assembly.

The aim of bringing the Aparajita Woman and Child Bill, 2024, also known as the Anti-Rape Bill, is to amend some provisions in the criminal code, Bharatiya Nyaya Sanhita, for the state. These amendments will make penalties for rape and child abuse more stringent.

All About Aparajita Bill 

The target of bringing this anti-rape bill is to amend several sections in the newly-introduced Bharatiya Nyaya Sanhita. Section 64 in BNS says that that a rape convict will face rigorous imprisonment not less than 10 years and this may extend to life term. With this new bill, the Bengal legislation has tweaked the existing Central law to extend the jail term to the "remainder of that person's natural life and fine, or with death". It also adds that the fine slapped against the convict shall be fair and reasonable to meet medical expenses and rehabilitation costs of the victim.

Besides, the Bill also seeks to amend Section 66 of BNS which lays down penalties for a convict if rape leads to the victim's death or causes her to be in a "vegetative state". While the Central laws lays down 20 years jail term, life imprisonment and death for such a crime, the Bengal Bill says the convict should get only death penalty.

Top 10 Key Points about Aparajita Bill

• Death Penalty: The Bill passed by the Bengal Assembly lays down death penalty for rape convicts in cases that rape results in the death of the victim or a permanent vegetative state.
• Life Imprisonment: The anti-rape bill also lays down life imprisonment for those accused of rape or gang rape, making it mandatory for them to spend the rest of their lives in prison.
• Repeat Offenders: The Bengal bill proposes life imprisonment or, in severe cases, the death penalty for repeat offenders. The individual can also be slapped with a fine in certain situations.
• Amendments to BNS 2023: The Bill also aims to amend several sections of the Bharatiya Nyay Sanhita (BNS) 2023. The new bill focuses on stringent punishments for rape, gang rape, and related crimes in comparison to BNS.
• Omission of Certain Sections: The Aparajita Bill has certain sections pertaining to the age of offenders removed. This move will streamline the legal process and put more emphasis on the seriousness of the crime.
• Speedy Investigations: The Bill commands that probe into rape cases must be completed within a period of 21 days, with a possible extension of up to 15 days. The extension must be justified by a senior police officer.
• Special Task Force: The bill also proposes to establish a district-level 'Aparajita Task Force,' under the supervision of a Deputy Superintendent of Police. The task force will be dedicated to investigating rape and sexual offenses.
• Specialized and Fast-Track Courts: The Bengal legislation proposes the setting up of 52 special courts to handle investigation teams and oversee cases of rape and sexual offenses against women and children efficiently.
• Privacy Protections: The Bill lays down penalties for unauthorized printing or publishing of court proceedings related to rape cases. Violating the rule may attract a jail term of 3 to 5 years in prison and fines.
• Victim-Centered Approach: The Bill aims to reduce the trauma experienced by victims and their families by ensuring swift justice and handling cases with sensitivity.