West Bengal Passes Anti-Rape Bill: Death Penalty for Rapists in 10 Days; Mamata Government Introduces New Law After Trainee Doctor’s Tragic Death

On the second day of the West Bengal Legislative Assembly’s special session, the Mamata Banerjee government introduced the Anti-Rape Bill. Law Minister Moloy Ghatak presented the bill, which is titled the Aparajita Aparajita Women and Children Bill, (West Bengal Criminal Law and Amendment) Bill 2024.

The bill proposes that convicts be sentenced to death within 10 days. Additionally, it mandates the completion of the investigation within 36 days. A special assembly session has been called from September 2 for two days to pass the bill.

It is anticipated that the bill will be passed in the assembly today. BJP leader Sukanta Majumdar stated on Sunday that the party has decided to support Mamata Banerjee’s bill.

The bill comes in response to a horrific incident at RG Kar Medical College and Hospital, where a 31-year-old trainee doctor was raped and murdered on the night of August 8-9. Her body was discovered on the morning of August 9. Following this, doctors across the country took to the streets in protest.

After appeals to the Supreme Court, doctors from several hospitals ended their strike. However, protests continue in Bengal. In response to this tragedy, the Mamata government has introduced the Anti-Rape Bill.

Provisions of the Anti-Rape Bill

• Objective of the Aparajita Women and Children Bill 2024

The purpose of the Aparajita Women and Children Bill 2024 is to strengthen the protection of women and children.

• Initial Investigation Report

Under the proposed bill, the initial report of an investigation into rape-related cases must be completed within 21 days, with an extension of up to 15 additional days.

• Death Penalty Provision

The bill includes a provision for the death penalty for the convicted individual in cases of rape where the victim dies or falls into a coma.

• Creation of Special Task Force

The bill also suggests the formation of a ‘Special Task Force’ at the district level, named the ‘Aparajita Task Force,’ to be led by officers at the Deputy Superintendent of Police (DSP) level.

Questions and Answers Regarding the Bill

What is the name of the bill and its purpose?

Answer: The West Bengal government has named the bill the Aparajita Women and Children Bill 2024. Its purpose is to amend the West Bengal Criminal Law and Amendment Bill to enhance the protection of women and children in cases of rape and sexual exploitation.

When will the convict be sentenced to death?

Answer: The death penalty will be imposed on the rapist if the victim dies or falls into a coma as a result of the rape.

What happens if a rapist is sentenced to life imprisonment?

Answer: The bill specifies that convicts of rape and gang rape should receive life imprisonment, which means they will spend their entire life in prison without the possibility of parole. Under current laws, life imprisonment typically lasts for a minimum of 14 years, after which the sentence might be commuted or parole granted. However, the bill envisions a more stringent life sentence without parole.

First Day of the Session: BJP Pays Tribute to Deceased Trainee Doctor in Assembly

On the first day of the session, the BJP demanded that Assembly Speaker Biman Banerjee convey a message of condolence for the deceased trainee doctor from RG Kar Medical College and Hospital. However, the Speaker did not agree to this request. Opposition leader Suvendu Adhikari had a heated exchange with the Speaker, questioning why a reference could be made for former Chief Minister Buddhadeb Bhattacharya but not for the horrific incident at RG Kar.

In response, Speaker Banerjee asked Suvendu how he could pass a condolence message without mentioning the victim’s name, pointing out that revealing the rape victim’s identity would be against a Supreme Court directive.

Following this, 52 BJP legislators gathered in the assembly lobby, lighting candles and displaying posters to pay tribute to the trainee doctor. The posters read, “We pray for the soul of our doctor sister. RIP.” The legislators also visited the campus to express their condolences.

Suvendu Adhikari Says No Need to Mention Names to Express Condolences

Suvendu Adhikari stated that the BJP wants a resolution expressing condolences for the death of the doctor from RG Kar Medical College and Hospital to be passed unanimously. He mentioned that they will send a proposal to her parents and criticized the state administration for being insensitive to the matter.

Suvendu argued that it is not mandatory to disclose the deceased’s name to express condolences. He questioned why the Assembly does not pass condolence resolutions for victims of natural disasters and railway accidents, noting that individual names are not mentioned in such cases. Suvendu, who has been a member of the Assembly since 2006, emphasized that personal names are not necessary for expressing sympathy.

Supreme Court Dismisses Bengal Government’s Petition

In Kolkata, on August 27, student organizations held a rally to protest the RG Kar incident, which was named the “Nabanna Abhiyan.” The police arrested Sayan Lahiri, a leader of the West Bengal Students’ Association and one of the organizers of the rally.

The police reported that the crowd became violent during the rally, causing damage to public and private property and attacking police personnel. Lahiri’s mother, Anjali, filed a petition in the Kolkata High Court requesting the cancellation of proceedings against her son and seeking bail.

On August 30, the High Court heard the petition and ordered Lahiri’s release from police custody by 2 p.m. on August 31. The police released Lahiri, but the Bengal government filed a petition with the Supreme Court, arguing that Lahiri should not be granted bail.

In today’s hearing, the bench of Justice J.B. Pardiwala and Justice Manoj Mishra dismissed the Bengal government’s petition, stating that it primarily concerns a bail matter.

Court Raises Concerns About Police Role

During the hearing on August 20, Solicitor General Tushar Mehta, representing the CBI, expressed concern about the delay in registering the FIR. He informed the court that there had been tampering with the crime scene. 

Justice J.B. Pardiwala commented on this, expressing doubts about the role of the Kolkata police. He stated, “In my 30-year career, I have never seen such negligence in an investigation.”

BJP Leader’s Car Shot at During Bengal Bandh

On August 28, in response to the Kolkata rape-murder case, the BJP called for a 12-hour bandh in Bengal. The party was protesting the lathi charge and arrests of student protesters in Kolkata on August 27.

During the bandh, clashes occurred between the police and BJP supporters in several districts, leading to the arrest of numerous leaders and activists. In Bhatarpur, North 24 Parganas district, BJP leader Priyangu Pandey’s car was shot at.