Explained: What is Aparajita Bill? Check Key Points, What’s Next and Other Details

The RG Kar Hospital case has shaken the whole of India. Central government to state government, everone is getting blamed for not having taken swift action against the accused. The West Bengal government has unanimously passed the 'Aparajita' bill. The passed bill is said to strengthen laws against rape and sexual offenses. This new legislation makes West Bengal the first state to amend central laws on such serious crimes.

The bill was introduced following the tragic rape and murder of a trainee doctor last month at RG Kar Medical Centre and Hospital. The Mamata government had called for a special 2-day Assembly session to pass this bill. 

What is Aparajita Bill by the West Bengal Government?

The Aparajita Woman and Child Bill, 2024, also known as the Anti-Rape Bill passed by the West Bengal Assembly, aims to strengthen current laws on rape and sexual offenses by introducing stricter rules. 

The Bill suggests changes to several national laws, including the newly passed Bharatiya Nyay Sanhita 2023, the Bharatiya Nagarik Suraksha Sanhita 2023, and the Protection of Children from Sexual Offenses Act 2012. The amendments suggested in the bill make penalties for sexual offenders more stringent.

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Top 10 Key Points about Aparajita Bill

Here are 10 key points of the 'Aparajita' Bill, which aims to strengthen laws against rape and sexual offenses in West Bengal:

1. Death Penalty: The Bill passed in the Assembly contains the death penalty for individuals convicted of rape in cases that the crime results in the death of the victim or a permanent vegetative state.
2. Life Imprisonment: The bill also proposes life imprisonment for those accused of rape or gang rape. They will have to spend the rest of their lives in prison.
3. Repeat Offenders: For repeat offenders, the punishment will be life imprisonment or, in severe cases, the death penalty. The individual can also be levied with a financial fine in certain situations.
4. Amendments to BNS 2023: The Bill also proposes key changes to several sections of the Bharatiya Nyay Sanhita (BNS) 2023. The new bill focuses on stricter punishments for rape, gang rape, and related crimes in comparison to BNS.
5. Omission of Certain Sections: The Aparajita Bill has certain sections related to the age of offenders removed. This step will streamline the legal process and put more emphasis on the seriousness of the crime.
6. Speedy Investigations: The Bill mandates that investigations into rape cases must be completed within 21 days, with a possible extension of up to 15 days. The extension must be justified by a senior police officer.
7. Special Task Force: A district-level 'Aparajita Task Force,' led by a Deputy Superintendent of Police, will be established. The task force will be dedicated to investigating rape and sexual offenses.
8. Specialized and Fast-Track Courts: The Bill proposes the creation of 52 special courts to dedicatedly handle investigation teams and oversee cases of rape and sexual offenses against women and children efficiently.
9. Privacy Protections: The Bill introduces penalties for unauthorized printing or publishing of court proceedings related to rape cases. The offenders of this rule will have to face 3 to 5 years in prison and fines.
10. Victim-Centered Approach: The Bill aims to minimize the trauma experienced by victims and their families by ensuring swift justice and handling cases with sensitivity.

Aparajita Bill Passed: What’s Next?

With the backing of both the opposition and the ruling Trinamool Congress, the bill was easily passed by the Bengal House; however, it is not yet a law till it gets the Presidential signature, i.e. President Draupadi Murmu signs it. Criminal Law comes under the Concurrent List. This means that a law passed by the state Assembly will be given preference over laws passed by the parliament, on the condition that the President of India gives his/her assent of approval. 

It is very evident that the President of India decides based on pieces of advice given by the cabinet ministers and the Prime Minister. It is yet to be seen whether this bill will get the nod of approval or not.

Maharashtra and Andhra Pradesh Bill Still in Wait

In the past, bills requiring the death penalty in rape and gang rape cases were passed by the assemblies of Andhra Pradesh and Maharashtra. Thus far, none of them have received approval from the president.

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