West Bengal assembly unanimously passes anti-rape bill, CM Mamata Banerjee terms it 'historic'

The Trinamool Congress (TMC) government led by Chief Minister Mamata Banerjee has unanimously passed an anti-rape bill, named Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024, in the state assembly. 

The bill was passed with a voice note with the opposition lending its full support. 

State Law Minister Moloy Ghatak tabled the anti-rape Bill during the special session in the Assembly and CM Banerjee termed it 'historic'.

The draft legislation provides for capital punishment for those convicted of rape, if their actions result in the victim's death or leave her in a vegetative state. Additionally, it seeks a life sentence without parole for those convicted of rape.

A two-day special session of the state assembly was called on September 2 in the wake of the horrific rape and murder of a 31-year-old trainee doctor at Kolkata's RG Kar Medical College, which triggered nationwide protests and outrage with people demanding capital punishment for those convicted and justice for the deceased victim. 

Titled Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024, the bill seeks to extend protection to women and children by bringing change in the already existing laws related to sexual offenses. 

Coming in the backdrop of the Kolkata rape and murder case, the draft legislation also provides for the amendment of the existing provisions under the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and the Protection of Children from Sexual Offences 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.”

In addition, the bill also seeks to set up fastrack courts for ensuring speedy delivery of justice to the victims and their families. 

“To expedite investigations and ensure swift justice for victims, this Bill proposes dedicated special courts and investigation teams. These specialised units will be equipped with the necessary resources and expertise to handle cases of rape of women and sexual offences against children efficiently, effectively and timely, thereby minimising the trauma experienced by victims and their families”, read the draft. 

Moreover, Aprajita task forces will be formed on district levels to investigate cases related to sexual offenses cases against women and children. The task forces will be headed by a deputy superintendent of police for the probe. 

Kolkata trainee doctor rape-murder case 

A 31-year-old trainee doctor was found dead and half-naked in the seminar hall of RG Kar Medical college in Kolkata. The post-mortem report confirmed rape and suggested that there were serious injuries in the victim's private parts, and her pelvic girdle was broken with her legs wide open. 

An accused, Sanjay Roy who worked as a civic volunteer at the hospital, was arrested by Kolkata police and handed over to the Central Bureau of Investigation (CBI), the central agency entrusted with the matter. 

As per several media reports, Roy has claimed during the polygraph test that he found the victim unconscious and covered in blood, as he entered the seminar hall. 

Moreover, he has claimed that he is 'innocent' and is 'being framed', as per media reports. Lawyer Kavita Sarkar will represent him in the court.