06-September-2024-Special-Article

APARAJITA WOMEN AND CHILD (WEST BENGAL CRIMINAL LAWS AMENDMENT) BILL, 2024

The West Bengal Assembly has recently passed the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024.

The bill aims to tackle the alarming rise in violence against women by introducing stringent punishments for crimes such as rape and sexual harassment.

It proposes amendments to existing laws and seeks to ensure justice for victims through speedy investigations and trials.

About Aparajita Bill, 2024:

Amendment to Central Laws:

• The bill seeks to amend the Bharatiya Nyaya Sanhita (BNS) 2023, Bhartiya Nagrik Suraksha Sanhita (BNSS) 2023, and the Protection of Children from Sexual Offences Act (POCSO) 2012.
• It extends protection to all survivors, irrespective of their age.

Death Penalty for Rape:

• The bill introduces capital punishment for those convicted of rape, especially in cases where the crime results in the victim’s death or a vegetative state.
• Under the BNS laws, penalties for rape include:
  • A minimum of 10 years imprisonment with a fine.
  • 20 years imprisonment for gang rape, which can extend to life imprisonment.
  • 20 years rigorous imprisonment for rape causing death or a vegetative state, with the possibility of life imprisonment or the death penalty.

Time-Bound Investigations and Trials:

• The bill mandates that investigations in rape cases must be completed within 21 days.
• Trials should be concluded within 30 days, with extensions allowed only with written approval from senior officers.
• Under BNSS laws, the total time for investigation and trial is 2 months from the date of FIR.

Fast-Track Courts:

• The bill mandates the creation of 52 special fast-track courts to handle cases of sexual violence, ensuring quicker legal proceedings.

Aparajita Task Force:

• A special task force led by a Deputy Superintendent of Police will be formed in every district to investigate crimes against women and children.

Stricter Punishment for Repeat Offenders:

• Life imprisonment is proposed for repeat offenders, with the possibility of the death penalty based on the severity of the crime.

Protection of Victims’ Identities:

• The bill introduces provisions to safeguard the privacy and dignity of victims, ensuring their identities are kept confidential throughout the legal process.

Penalties for Delaying Justice:

• Police and health officials who fail to act promptly or tamper with evidence will face penalties, holding authorities accountable for negligence in handling cases.

Publication Restrictions:

• Unauthorized publication of court proceedings in cases of sexual offences will attract penalties, including 3 to 5 years imprisonment.

Challenges

Constitutional Validity:

• The bill seeks to amend central laws, raising concerns about whether the state has the authority to do so.
• Under Article 246 of the Indian Constitution, criminal law falls under the concurrent list, which may lead to legal disputes if the bill conflicts with central laws.

Unrealistic Deadlines:

• Completing investigations within 21 days might be difficult given the complexity of cases and the existing backlog in the legal system.

Legal Precedents:

• Past instances have shown that state amendments to central laws have been challenged in courts. For example:
  • In State of West Bengal v. Union of India (1964), the Supreme Court invalidated a state law for being inconsistent with a central law.
  • KK Verma v. Union of India (1960) is another case where the Supreme Court struck down a state law for conflicting with a central act.

Implementation Issues:

• Effective implementation requires significant improvements in law enforcement infrastructure and specialized training for police and judicial officers.

Overburdened Judicial System:

• Indian courts are already overburdened, with cases taking years to resolve. The introduction of fast-track trials might be hampered by these delays.

Rights of the Accused:

• The legal system guarantees a fair trial for the accused, which may prolong the process through appeals and mercy petitions, thus delaying justice.

Related Laws on Rape in India:

Criminal Law (Amendment) Act, 2013:

• This act was introduced to enhance penalties for rape, increasing the minimum sentence to 10 years.
• In cases where the victim dies or is left in a vegetative state, the minimum sentence is 20 years.

Criminal Law (Amendment) Act, 2018:

• Introduced the death penalty for rapists of minors below the age of 12 years.

Protection of Children from Sexual Offences Act (POCSO), 2012:

• This act safeguards children from sexual assault and harassment. It was amended in 2019 to enhance punishment for sexual offences against children.

Rights of Rape Victims:

• Zero FIR: Victims can file an FIR at any police station, irrespective of the jurisdiction of the incident.
• Free Medical Treatment: Section 357C of the CrPC ensures free medical treatment for rape victims at both private and government hospitals.
• No Two-Finger Test: Doctors are prohibited from conducting the Two-Finger Test during a victim’s medical examination.
• Right to Compensation: Section 357A of the CrPC provides financial compensation for rape victims.

Challenges in Ensuring Women’s Safety:

• Increase in Crimes Against Women: National Crime Record Bureau (NCRB) data reveals a significant rise in crimes against women, with reported cases increasing from 37 lakh in 2014 to 4.45 lakh in 2022.
• Patriarchal Society: Deep-rooted patriarchal norms continue to perpetuate male dominance, objectifying women and fostering violence.
• Media Objectification: The media often portrays women as objects, which reinforces harmful societal attitudes toward women.
• Delayed Justice: Legal delays exacerbate trauma for victims, and debates on the effectiveness of capital punishment continue to persist.

Way Forward:

• Strengthening Legal Framework: There is a need for more specific legislation against crimes like stalking and cyber harassment, along with specialized courts for handling such cases.
• Social Change: Gender equality should be taught in schools, and initiatives to empower women economically should be prioritized.

• Law Enforcement and Infrastructure: Law enforcement should be trained on gender sensitivity, and infrastructure improvements like better street lighting and safe public transport must be implemented.

Mains question:

1. Discuss the implications of the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024, on the legal system and address potential challenges in its implementation. (150 WORDS)