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Introduction
Statistics from the NCRB reveal that reported cases of crimes against women have been constant, increasing from 3.71 lakh in 2014 to 4.45 lakh in 2022, the crime rate per lakh women has also risen from 56.3 to 66.4 during the same period. which proves the fact that stronger legal policy and its proper enforcement should be put into practice to further combat this problem.
On September 3, 2024, the West Bengal legislative assembly passed the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024. This landmark legislation passed in West Bengal with the support of Trinamool Congress and the BJP can be seen as an important stride in the prevention of sexual violence incidents in the state. The bill was brought after one of the most brutal rape and murder incidents involving a doctor in R. G. Kar Medical College and Hospital. As society evolves it undergoes change in both ways- good and bad and with the burgeoning population of India the crimes have also increased multifold along with the development of the nation and each state. The new Central criminal laws were enacted this year to make it modern and keep it in sync with the current India and thus the criminal laws have undergone a complete overhaul lately. Before we could have settled down with the implementation of new criminal laws the country and especially the state of West Bengal was rattled with a heinous crime committed under a young junior doctor “Abhaya”.
This crime was worse than many other crimes committed in the past. It literally shook the spine of everyone including the legislators and thus a need for stricter laws were felt. Owing to that, The State of West Bengal brought in some changes to the Bharatiya Nayay Sanhita, 2023 and Bharatiya Nagrik Suraksha Sanhita, 2023 and Protection of Children from Sexual Offences Act, 2012.
When It Was Passed
The Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024 was passed in the West Bengal legislative assembly on 3rd September 2024. The bill was approved by the ruling and opposition parties, which also show the common approval of all the legal means to address the issue of sexual violence and its promotion.
The Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024 is a groundbreaking initiative by the West Bengal Government to address the issue of sexual violence. That is why the bill with proposed severe penalties and fast-tracking of legal proceedings seeks to respond to the growing rate of rape and sexual assault. However, this has the potential of succeeding provided the following has been solved: the challenges that accompany implementation of reforms in the constitution, constitutional concerns, and more importantly, ensuring that the new reforms will state adequate justice and will support the victims.
Key Provisions
The Aparajita Bill brings several crucial amendments to existing laws to address sexual violence more effectively:
Capital Punishment for Rape
The bill calls for capital punishment to be inflicted on anyone convicted of rape that leads to the death of the victim or puts her in a coma. This is a departure from previous laws that called for rigorous imprisonment but did not include death penalty in all such occurrences.
Enhanced Penalties for Specific Cases
This bill seeks to amend the previous punishment terms of Section 64 of the BNS-2023 for rape and other similar offences with “rigorous imprisonment for life which shall mean rigorous imprisonment for the remainder of the natural life of the person and fine, or death”. The amendments bring similar boosts to rape by a public servant or police, and are included in the examples of protecting women on implementation of laws.
Time-Bound Investigations and Trials
The investigation of rape cases should be completed within 21 days of the filing of the complaint, with the trial to be completed within 30 days. Any extension can only be allowed under written permission from an officer higher in rank than the police officer involved.
Special Courts and Task Force
The bill has proposed setting up of fifty two special courts for the trial of cases of sexual violence in a timely manner. Further, an Aparajita Task Force, which will be under the leadership of a deputy superintendent of police, shall be formed to ensure proper and timely investigation is conducted.
Stricter Penalties for Repeat Offenders
Repeat offenders the recommendation for sentencing is life imprisonment with the option of the death penalty in exceptional circumstances.
Victim Protection
Also they have included in the bill the option of protecting the identities of the victims and avert any exposure to the media during the trial. It also provides fines on police and health officers that slow down justice or take part in influencing the evidence.
Comparison With the Old Rape Laws
The Aparajita Bill introduces several significant changes compared to previous legal frameworks:
Previous Legal Framework
Criminal Law (Amendment) Acts
Before the passing of the bill, the minimum prison term for rape was 10 years with an additional penalty of either a life imprisonment or the death penalty, depending on the situation that led to death or leaving the victim in a vegetative state. The 2013 and 2018 changes made for enhancing penalties but it didn’t make a provision of capital punishment in all such cases.
Protection of Children from Sexual Offences (POCSO) Act
Thus the POCSO Act which sought to address child sexual abuse had severe penalties for child sexual offenses but did not correspond to the new proposed penalties for sexual violence as contained in the proposed Aparajita Bill.
New Provisions
Death Penalty for Rape: The bill proposes capital punishment for aggravate instances of rape unlike before where the law use life imprisonment or death penalty depending on certain factors.
Time-Bound Legal Processes: The bill lays down shorter time frames for investigations and trials than the previous frameworks, which used facetime lags.
Enhanced Victim Protection: Measures for shielding identity of victims and consequent penalties on officials for unnecessary delays or tampering share a new and improved reformist vision vested in the victims.
Amendments to Central Laws
The Aparajita Bill proposes amendments to central laws, which raises important constitutional and jurisdictional questions:
Bharatiya Nyaya Sanhita-2023
Section 64 and 66 Amendments: These sections of the bill seek to replace them with new penalties which include death penalty for serious rape and other sexual offenses. This alignment seeks to bring state and central legal standards in consonance, although it needs presidential assent to be fully effective.
Protection of Children from Sexual Offences Act
Alignment with New Penalties: Bill was brought with an aim of revising the provisions of the POCSO Act as per the new penalties that have been recommended for sexual offences which include the death penalty. This adjustment is aimed at enhancing legal measures to prevent child sexual abuse but must undergo constitutional analysis of its admissibility.
Possible Outcomes
Increased Deterrence
The introduction of capital punishment and life imprisonment intends to act as a more effective deterrent to sexual violence. That is why the efficiency of such measures in reducing the levels of crime is still questionable.
Expedited Justice
The time-bound investigation and trial procedures can help bring justice to the victims faster as compared to other systems. Thus, the success of these timelines will be determined by the capacity of the judicial system especially in implementing the timelines.
Enhanced Victim Support
The provisions of the bill designed to protect victims may help increase the number of crimes solved and support for survivors, which may lead to increased reporting of cases.
Challenges
Constitutional Validity
Adding or subtracting the central laws on the state level raises constitutional questions of considerable difficulty and jurisdictional issues. Modifications in the bill suggested involve presidential assent, and deviation from the central laws may cause court construes and inhibit effectuation.
Implementation Hurdles
The implementation of new working frameworks to achieve the 21-day investigation and setting up of 52 special courts could reach the existing legal and administrative capacity. Some of these changes will need a considerable input of capital to enhance the necessary infrastructure and training of employees.
Overburdened Legal System
The Indian legal system is already under massive pressure and it takes years to resolve legal cases. These timelines may further strain capacity unless accompanied by adequate resources and changes.
Effectiveness of Death Penalty
Currently there is no sufficient evidence that the death penalty acts as a deterrent to sexual crimes. This emphasis on tough sentencing could mask other needed changes: culture, and comprehensive systems for victims of crime.
Conclusion
The Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024 for the safety of women and children will go a long way in the fight against sexual violence. Thus, following the increase in rape and sexual assault, the objectives of the bill are cutting down the chances of perpetrators by bringing in severe fines and giving legal processes time limitations. Nonetheless, this success will hinge upon the ability to handle the issues of constitutional legitimacy, enforcement of the reforms as well as incorporation of such changes into the existing legal system. In criminal jurisprudence “deterrent” is more important than punishment and making punishment for an offense more strict and rigorous does act as deterrent to the potential wrongdoer. We believe and hope that this enactment of the amendment shall act as a deterrent for all kinds of future crimes against the Women and Children.
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