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The Aparajita Bill: An Anti-Rape Bill To Combat Sexual Violence

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Komal Bajpai

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Updated: 28-01-2025 at 6:51 AM

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The Aparajita Bill: An Anti-Rape Bill To Combat Sexual Violence

The people of India have been tackling and fighting against innumerable issues and crimes and one of those crimes is sexual violence. It is a pervasive issue that affects all genders but predominantly women. According to a World Health Organisation’s (WHO) report, one in three women experience physical or sexual violence. This isn’t merely a statement or a fact but a horrendous reality of the world.

The West Bengal Legislative Assembly has passed the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill also known as the Anti-Rape Bill of 2024. This step, taken by the Chief Minister of Bengal, Mamata Banerjee, focuses on strengthening the legal provisions against sexual crimes and ensuring that every survivor gets justice.

Also read: India’s Soaring Rape & Violence Against Women: What The Nation Should Know In 2024?

Key Provisions Of The Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill

The Anti-Rape Bill comes with numerous amendments to the existing laws. Some of its key provisions are:

  • Death Penalty: The Anti-Rape Bill mandates death penalties for the perpetrators convicted of rape if the victim dies or is left in a vegetative state (a disorder of consciousness wherein areas of the brain that controls thought stops working). This is the biggest amendment taken by the West Bengal Legislative Assembly against those who commit this barbaric sexual violence.

  • Punishment for Gang Rape: The bill specifies life imprisonment without parole for those involved in gang rapes. Initially, it was 20 years with the possibility of life imprisonment but now it is mandated till a convict’s natural life or capital punishment.

  • Penalties for Disclosing Victim Identities: The Anti-Rape Bill also takes into account the significance of keeping a victim’s identity a secret. Anyone who would be found guilty of breaking this confidentiality and disclosing the victim’s identity would be subjected to imprisonment for 3-5 years with a fine which was 2 years previously.

  • Quick Investigations and Trials: The bill aims to speed up the process of justice by shortening the time of investigation to 21 days which can be extended to 15 more days if justified. It also mentions that the trials should be executed within 30 days of filing the charge sheet.

  • Special Courts: Under the Anti-Rape Bill, special courts are to be created for dealing with rape and related cases.

  • Special Public Prosecutors: The bill mandates the appointment of special public prosecutors with a minimum experience of 7 years in handling cases of rape.

  • Aparajita Task Forces: Under the Anti-Rape Bill, special task forces are formed at district levels led by the Deputy Superintendent of Police to conduct investigations with the help of female officers in cases of rape.

Read More: Learn About The Women Helpline Scheme And How It Is Empowering Women Of India!

Political Consensus Concerning The Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill

The Anti-Rape Bill was passed in the West Bengal Assembly with unanimous votes including the votes from opposing parties. One of the leaders of the opposition suggested seven amendments to the proposed bill which were not accepted but he fully supported the Anti-Rape Bill and demanded its immediate implementation. The CM of Bengal emphasised that the bill was a tribute to the 31-year-old trainee doctor who recently lost her life due to brutal and barbaric sexual violence.

Following Article 254(2) of the constitution of India, a state legislature is allowed to contradict a central law but only if it receives the permission of the president which is awaited in this case.

Read More: A New Scheme To Provide Assistance For Working Women to Get Safe Housing?

Conclusion

The Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill is a significant step taken by the West Bengal Legislative Assembly to deliver justice and ensure that perpetrators of sexual violence receive as horrendous a sentence as their crime which isn’t possible because no punishment is at par with the barbarous nature of such crime.

The Anti-Rape Bill is a necessary measure to fight against sexual violence, deliver justice to all survivors, and treat them with nothing but care, respect, and dignity.

You can also reach out to Jaagruk Bharat through their community page with any questions you might have.

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