Aparajita Bill: The Need of the Hour

Aparajita Women and Child (West Bengal Criminal Amendment) Bill 2024 has been introduced in the state of West Bengal in light of the security, system, and institutional lapses witnessed in the RG Kar Hospital Rape Case. This horrific incident that shook the entire country occurred in the State of West Bengal at a well-known Government Medical Institution called R.G Kar. The victim, a Post Graduate Trainee Doctor was brutally raped within the hospital premises during her night shift. The incident exposed poor surveillance, infrastructural facilities, and lack of heed to protocols for the security of women doctors in the workplace. 


Existing Legislation on rape 

The existing legislation on rape has dealt extensively with the subject. POSCO, Criminal Law Amendment Act 2013 and 2018, Bhartiya Nyaya Sanhita, and Bhartiya Nyaya Suraksha Sanhita are the existing laws that state the minimum and maximum punishment provided. After what was seen in the case of R.G Kar what the state demands is a stricter application of rules and reforms in such laws to make the punishment for such heinous crimes so stringent as to set an example in the society for crime against women. Speedy justice through fast-track investigation and special forces is necessary to give the required attention to such crimes. The current laws though have gone through major reform following the Nirbhaya case has failed to curb violence and assault against women not only in public streets but also in the workplace which should be the safest place for women.

Imprisonment for a term of 10 or 20 years which may extend to life cannot solve the inherent problem existing in the society a permanent solution to this is the need of the hour. Justice Verma's committee also looked into judicial trends in awarding punishment. It concluded that “courts in India have consistently held that sexual offenses ought to be dealt with sternly and severely as undue sympathy to impose inadequate sentence would do more harm to the system and undermine public confidence in the efficacy of law.”

The Judiciary has tried to fill the gap between fast-changing society and rigid laws. Time and again judgments have been delivered to widen the interpretation of laws and provide justice and security to women where the laws have failed. It was after the case of Nirbhaya that the Criminal Law Amendment Act was bought into the picture to redefine rape and its punishments. The Vishakha case where the Supreme Court issued guidelines to provide safety to women in the workplace has completed 27 years. Yet, the situation in the country remains dire as laws and guidelines alone cannot curb crime against women. Its proper implementation and execution in society through competent forces and active teams especially meant for such cases is also a need of society. 


Analysis of the Aparajita Bill

The state government of West Bengal proposes this bill to strengthen the justice system and bring about stringent laws in comparison to the existing central laws. The bill has proposed various amendments in provisions related to rape and crime against women. The R.G. Kar incident has once again raised questions as to the competency of the existing laws to fight such heinous crimes. 

Capital Punishment: The bill proposes the death penalty to the offender of rape whose act results in the death of the victim or leaves her in a vegetative state this amends the provisions of BNS which penalises such act with an imprisonment of a minimum of 20 years which may extend to life and with fine. 

Timely Investigation: The bill proposes an investigation of rape cases to be completed within 21 days of the initial and trial to be completed within 30 days. Under the BNSS the time limit for investigation and trial is 2 months from the date of FIR.

Task Force and Special Courts: To expedite the processing of cases involving sexual violence, the bill also requires the establishment of fifty-two special courts.

According to the Bill, a district-level specialized task force headed by a deputy superintendent of police will be established to look into rape and other crimes against women and children.

Accountability: The bill has provisions on the death penalty for repeat offenders and other such laws to protect victims’ identities and penalize delayed investigations and healthcare management in case of reports and evidence from police and health officials. The bill thus aims to take the frontline forces into account for their management in such sensitive cases of crime against women. 


Conclusion 

The bill though ensures effective management of implementation of the justice response system has major challenges in its way when it comes to its enforcement. Article 246 of the Indian Constitution where the concurrent and state list is specified introduces complexity over criminal laws. Though the states have the power to legislate on matters in state and concurrent list if the state bill overrides central law, the president's assent becomes necessary. The timeframe given for investigation too seems unrealistic given the backlog of cases and complexity of such cases. The bill though brings few changes to the already existing laws its aim to bring structural changes in the implementation of the justice system is the need of the hour. It is a remarkable initiative from the Bengal Government to raise concerns about the efficiency and enforcement of the existing legal framework in society.