Aparajita Bill: Bengal Assembly Unanimously Passes Legislation

In the aftermath of the RG Kar Medical College rape and murder, the West Bengal legislative Assembly unanimously passed the Aparajita Women and Child (West Bengal Criminal Laws and Amendment) Bill, 2024 on Tuesday. The bill aims to create a "safer environment for women and children".

After the bill was tabled, Leader of Opposition Suvendu Adhikari proposed seven amendments, including identifying and punishing police and health officials involved in delaying justice or tampering with evidence.

West Bengal Chief Minister Mamata Banerjee said that the first three amendments suggested by Adhikari would be accepted if they were not already in the Bharatiya Nyay Sanhita. The TMC opposed and rejected the other suggestions of the BJP leader.

The BJP then protested and demanded the resignation of Mamata Banerjee. She, in turn, demanded the resignation of Prime Minister and Union Home Minister.

While supporting the bill, the BJP alleged that TMC was using it as an "eyewash". However, Banerjee said, "When Nyay Sanhita was implemented, I wrote to the Prime Minister that they should not be in a hurry to implement it. There should have been more clarification. If that happened, this situation would not have arisen."

Significant changes proposed in the bill aim to expedite the investigation and prosecution processes for rape cases. Key amendments include the requirement for probes into rape cases to be completed within "21 days of the initial report," a reduction from the previous two-month deadline. The bill also calls for the establishment of fast-track courts specifically for rape cases and a special task force led by women officers to handle investigations.

The bill seeks to amend the Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and the Protection of Children from Sexual Offences (POCSO) Act, 2012, "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."

Regarding the investigation period, the bill stipulates, "If it is not possible to complete the investigation within… 21 days from the date of information recorded by the officer-in-charge of the police station, then the said period can be further extended not exceeding 15 days by any police officer not below the rank of superintendent of police or equivalent, after recording the reasons in writing in the case diary maintained under Section 192 of the Bharatiya Nagarik Suraksha Sanhita, 2023."

Additionally, the bill mandates that fast-track courts "will be equipped with the necessary resources and expertise to handle cases of rape of women and sexual offenses against children efficiently, effectively, and timely."

Also Read: Kolkata Case: Former RG Kar Medical College Principal Arrested By CBI