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A draft bill is to be tabled by the Mamata Banerjee government in the West Bengal Assembly on Tuesday, September 3, that proposes capital punishment for persons convicted of rape if their actions result in the victim's death or cause her to become vegetative.
Additionally, this ‘Anti-rape bill’ draft stated that persons convicted of rape and gang rape would receive a life sentence lasting for the rest of their natural lives, reported PTI.
Titled Aparajita Woman and Child Bill, (West Bengal Criminal Laws and Amendment) Bill 2024, the legislation aims to enhance protection for women and children by amending and introducing new provisions related to rape and sexual offences.
The draft Bill proposes to amend the newly passed Bharatiya Nyay Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 laws 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."
"It is a testament to the State's unwavering commitment to uphold the fundamental rights of its citizens, particularly women and children, and to ensure that heinous acts of rape and sexual offences against children are met with the full force of the law", the draft Bill states.
A two-day special session of the Assembly has been summoned in the wake of the rape-murder of a woman medic at the state-run RG Kar Medical College and Hospital last month and the Bill is scheduled to be tabled by state Law Minister Moloy Ghatak.
About the bill
The draft Bill seeks to amend sections 64, 66, 70(1), 71, 72(1), 73, 124(1) and 124 (2) of BNS, 2023, which broadly pertains to punishment for rape, rape and murder, gang-rape, repeat offenders, disclosure of victim identity and even causing hurt by use of acid, and so on.
It also proposes omission of sections 65(1), 65 (2) and 70 (2) of the said Act pertaining to punishments for convictions of rape perpetrators under 16 years, 12 years and 18 years, respectively, added PTI.
The draft Bill is also slated to introduce significant changes to the investigation and prosecution process.
It stipulates that probes into rape cases must be completed within 21 days of the initial report, a reduction from the previous two-month deadline.
The proposed legislation also provides for the extension of the three-week investigation deadline by a period of "not exceeding 15 days by any police officer not below the rank of SP or equivalent, after recording the reasons in writing in the case diary maintained under section 192 of BNSS, 2023".
According to the draft, the punishment for repeat offenders would also be "imprisonment for life, which shall mean imprisonment for that person's remainder of natural life or with death and fine".
The proposed legislation also seeks to penalise printing or publishing of any matter relating to court proceedings without permission with a punishment of "imprisonment of 3 to 5 years and fine".
