West Bengal Assembly Passes Landmark Anti-Rape Bill With Unanimous Support

The West Bengal Assembly unanimously approved a new anti-rape Bill aimed at enhancing protections for women and children. CM Banerjee lauded the Bill as a historic measure that addresses the gaps in the existing laws.

Kolkata:The West Bengal Assembly on Tuesday unanimously passed the Aparajita Woman and Child (West Bengal Criminal Laws and Amendment) Bill, 2024 during a two-day special session convened on Monday in the wake of the rape-murder of a woman medic at the state-run RG Kar Medical College and Hospital last month.

The Opposition BJP lent full support to the Bill, but the amendments moved by the Leader of Opposition Suvendu Adhikari, were not accepted by the House. Speaking in favour of the Bill, Chief Minister Mamata Banerjee termed the Bill "model and historic".

"Through this Bill, we have tried to address the gaps and plug the loopholes that exist in the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023. This Bill against rape aims at quick investigation, fast justice delivery and enhanced punishment," Mamata told the Assembly.

Terming rape and gang rape as heinous crimes, the Chief Minister said, "Rape is a curse against humanity and social reforms are imperative to stop such crimes. And along with that, we need some very strong laws which will act as real deterrents for those engaging in such crimes which lower our heads in shame and disgust."

Claiming that the West Bengal government was consulted in detail before passing the BNS, Mamata said, "We wanted a constructed consultation and discussion after the formation of the new government at the Centre, but that did not happen," adding, "There are states like Uttar Pradesh, Madhya Pradesh, Rajasthan or Gujarat where crimes against women are very high. In West Bengal, we have always tried to ensure justice to women."

Demanding the resignation of the Prime Minister, Union Home Minister and chief ministers of those states for their "Failure in implementing effective legislations towards ensuring the safety of women", Mamata told the Assembly that the Opposition BJP should now ask the Governor to give his assent to the Aparajita Woman and Child (West Bengal Criminal Laws and Amendment) Bill. "Everybody is seeking justice for the RG Kar victim. We are also doing the same. We want justice from the CBI which is probing the case. We want the perpetrators to be hanged till death," the Chief Minister told the Assembly.

Earlier in the day, state law minister Moloy Ghatak introduced the Bill in the Assembly and speaking in support of the Bill, state Parliamentary Affairs Minister Sobhandeb Chatterjee said it was aimed at amending the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Protection of Children from Sexual Offences Act, 2012 (Pocso Act) in their application to the state of West Bengal to enhance punishment and to constitute the framework for expeditious investigation and trial of the heinous act of violence against women and children.

The legislation, which was passed in the Assembly, seeks capital punishment for persons convicted of rape if their actions result in the victim's death or leave her in a vegetative state. Additionally, it stipulates life sentence without parole for those convicted of rape and gang rape. In a rare act of unison, the Opposition BJP supported the Bill. BJP MLAs Sikha Chatterjee and Agnimitra Paul spoke on the Bill.

Speaking on the Bill, Leader of Opposition Suvendu Adhikari said the opposition was standing with the bill and they also want exemplary punishment for those convicted of rape and gang rape.

"We will wait for this Bill to eventually convert into rules and get implemented. The Government has hurriedly brought this Bill and we could have raised questions on it as to why it was not sent to any legal committee of the Assembly. But, we are not saying this as we want immediate execution of this Bill. We want results and that is the reason we support this Bill," said Suvendu.

The BJP leader criticised the state government saying the Assembly session and Bill were only to divert attention from the serious issue of rape and murder.

"RG Kar Medical College and Hospital is a government facility and the murdered medic was working there. This Bill has been brought to distract people from more pressing concerns. Junior doctors have been protesting overnight and are on the streets. There has been no formal response from the authorities to their demands. It is a shame," Suvendu added.

In his proposed amendments, the Leader of Opposition said if any police station refuses to file an FIR or causes undue delay in registering cases of rape, gang rape or crimes against women or children, the responsible individuals should face exemplary punishment. He said, punishment should be imposed for delays or negligence by health officials while conducting statutory medical examinations or autopsies. Provision for punishment should be fixed for those responsible for tampering or loss of evidence, Suvendu proposed in his amendments adding, changing date of testimony without valid illness or hospitalisation should be prohibited. Investigating police officers, medical examiners, or health workers should face punishment if they alter their statements and the police should provide security during testimonies.

Aparajita Woman and Child (West Bengal Criminal Laws and Amendment) Bill, 2024 seeks to amend sections 64, 66, 70(1), 71, 72(1), 73, 124(1) and 124(2) of the BNS, 2023, which mostly pertains to punishment for rape, rape and murder, gange-rape, repeat offenders, disclosure of victim identity and even causing hurt by use of acid.

It also proposes the omission of sections 65(1), 65(2) and 70(2) of the BNSS pertaining to punishments for convictions of rape perpetrators under 16 years, 12 years and 18 years, respectively.

The legislation also includes harsh punishments for repeat offenders, including life imprisonment or death penalty, along with fines. There are provisions to penalise unauthorised printing or publishing of details revealing the identity of the victim or family members with imprisonment of 3 to 5 years coupled with the imposition of fines.