West Bengal’s New Anti-Rape Amendment Bill: Stricter Punishments and Speedy Justice for Women and Child Victims

Background –

The West Bengal Government recently addressed passed an Anti-Rape Amendment Bill, for the purpose of amending the provisions of punishment for crimes including rape, rape and murder, gang-rape, repeat offenders, and so on, and impose time limits for the finish of investigation and trial in such cases. This Bill is titled ‘Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024’.

Key Aspects –

The aforementioned bill is to come effect on 5th?September, 2024, proposing to create a “safer environment for Women and Children’. Such Bill seeks to enhance the already present punishments for rape in the Bharatiya Nyaya Sanhita (BNS), so as to make the same more stringent and severe in nature, including the possibility of death penalty for those found guilty of committing the heinous offence of rape. Further, this Amendment Bill has been brought into, by the Mamata Banerjee led Government, in the wake of the brutal rape and murder of a resident doctor in the RG Kar Medical College and Hospital, Kolkata, causing unrest all over the country.

Besides, the following points were also highlighted:

1. Firstly, the Bill proposes to amend the provisions laid down in the Bharatiya Nyaya Sanhita, 2023, and Bharatiya Nagarik Suraksha Sanhita, 2023. Under BNS, Sections 64, 66, 70(1), 71, 72(1), 73, 124(1), and 124(2), pertaining to punishment for certain heinous offences, are proposed to be amended, while Sections 65(1), 65(2), and 70(2), pertaining to punishments for convicted rape preparators, under the age of 16, 12 and 18 years, respectively, are proposed to be omitted.
2. Secondly, it mandates the completion of the Probe into a rape case within 21 days of the initial report filed, which has been amended from the previously set 2 months. In failure of completion within 21 days, a further extension of 15 days may be granted, on providing reasons for such delay, in writing, under §192 of the BNSS, 2023.
3. Thirdly, the Amendment made through the Bill establishes fast-track courts that would be equipped enough with the necessary resources and relevant expertise to handle cases of sexual offences against children and women, efficiently, effectively and in a timely manner.
4. Fourthly, for the investigation into rape cases against women and children, a Special Task Force would be constituted at the District Level, headed by a Deputy Superintendent of Police.

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Written by – Thanuja Anthiyur Aravindan

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