Bengal today to table bill on death penalty in rape cases: Details here | India News

Key Provisions of the Aparajita Act

Among the major changes proposed, the bill mandates that investigations into rape cases be completed within 21 days, a marked reduction from the previous two-month deadline. If investigators need more time, they can extend the deadline by up to 15 days with a written justification, as detailed in Section 192 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023.

The bill also introduces strict penalties for unauthorized publication of rape cases. In addition, anyone who discloses the identity of a victim in specific cases could face a prison sentence of three to five years, plus a hefty fine.

In order to expedite justice, the bill proposes to establish fast-track courts dedicated to hearing rape cases. These courts, along with specialized investigation teams, will be equipped with the necessary resources and expertise to deal with such cases efficiently, thereby minimizing trauma for victims and their families.

An ‘Aparajita Task Force’, headed by a deputy police commissioner, will be formed at the district level to investigate cases of rape and atrocities against women and children. This task force will aim to ensure a coordinated and effective response to such crimes.

Legislative process and political dynamics

The ruling Trinamool Congress (TMC), with its 223 members in the 294-member Assembly, is expected to secure a smooth passage for the bill. However, the support of Bharatiya Janata Party (BJP) lawmakers remains uncertain, with no clear indication whether they will support it or abstain during the voting process.

Since the Bill is in the Concurrent List, it requires the assent of both the State Governor and the President to become law. Article 254(2) of the Indian Constitution allows a state legislature to pass a law that conflicts with the Central law on a subject in the Concurrent List, provided it receives the assent of the President. This would give the state law precedence over the Central law in West Bengal.

Chief Minister Mamata Banerjee recently said that the state government would have imposed death penalty on the accused in the junior doctor case if it had had the power to do so.

Latest developments in Kolkata rape case

In a major development, the Central Bureau of Investigation (CBI) has arrested Sandip Ghosh, the former principal of RG Kar Medical College and Hospital in Kolkata, for his alleged involvement in financial misconduct at the institution. The arrest came shortly after the CBI arrested his security guard, Afsar Ali Khan, and two vendors associated with the hospital, where the body of the junior doctor was discovered on August 9.

The Calcutta High Court recently ordered that the probe into the hospital’s alleged financial irregularities be transferred from a state-constituted Special Investigation Team to the CBI, underscoring the seriousness of the matter.

Meanwhile, Sanjay Roy, another accused in the case, has reportedly expressed his intention to plead “not guilty” in court. Roy maintains that he is innocent as claimed in a lie detector test conducted by the CBI.

(With input from the agency)

First publication: 03 Sep 2024 | 11:52 am IST