Source: The Hindu 

Introduction 

The West Bengal Assembly has approved the Aparajita Women and Child Bill, 2024, a new law aimed at strengthening protections for women and children in the state. This bill introduces stricter punishments for serious crimes and sets new timelines for investigations. The legislation comes in response to the recent rape and murder of a doctor at R.G. Kar Medical College and Hospital. 

What Are the Relevant Sections of The Indian Penal Code, (IPC) and The Bharatiya Nyaya Sanhita, 2023 (BNS) Related to Rape? 

What are the Major Amendments Proposed in The Aparajita Women and Child Bill, 2024 Proposed? 

• Capital Punishment:  
  • The bill introduces provisions for capital punishment for rape convictions resulting in the victim's death or leaving her in a vegetative state. 
• Investigation Timeline:  
  • Investigations into rape cases must be concluded within 21 days of the initial report. 
• Aparajita Task Force:  
  • The state government will form a special 'Aparajita Task Force' from the State police to ensure time-bound completion of investigations. 
• Proposed Amendments (under consideration):  
  • Compulsory punishment for police officials who refuse to register First Information Reports (FIRs) in sexual assault cases. 
• Implementation:  
  • The bill has been approved by the Assembly and now awaits the Governor's assent for implementation. 
• Scope:  
  • The legislation aims to strengthen the justice system's response to crimes against women and children in West Bengal. 
• Comparison with Central Laws:  
  • The Chief Minister suggested this bill could serve as a model for the rest of the country, implying it may have stricter provisions than central laws. 
• Review of Proposed Amendments:  
  • The state government will study the amendments proposed by the Opposition and compare them with provisions in the Bharatiya Nyaya Samhita (BNS). 

What are the Legal Provisions Proposed in The Aparajita Women and Child Bill, 2024 Proposed? 

• Amendment to Section 64(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS): 
  • In Section 64, sub-section (1) of BNS, 2023, for the words "rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for the remainder of that person's natural life, and shall also be liable to fine", the following shall be substituted, namely: — 
    • "Rigorous imprisonment for life, which shall mean rigorous imprisonment for the remainder of the person's natural life and fine, or with death". 
• Amendment to Section 64(2) of the Bharatiya Nyaya Sanhita, 2023: 
  • In Section 64, sub-section (2) of the BNS, 2023, for the words "rigorous imprisonment for life, which shall mean rigorous imprisonment for the remainder of that person's natural life and shall also be liable to fine", the following shall be substituted, namely: — 
    • "Rigorous imprisonment for life, which shall mean rigorous imprisonment for the remainder of that person's natural life and fine, or with death". 
• Amendment to Section 66 of the Bharatiya Nyaya Sanhita, 2023: 
  • In Section 66 of the BNS, 2023, for the words "rigorous imprisonment for a term which shall not be less than 20 years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death", the following shall be substituted, namely:" 
    • “With death".

What are the Steps and Implications of the Aparajita Women and Child Bill, 2024? 

• As per Article 254(2) of the Constitution of India, 1950 The Aparajita Women and Child Bill, 2024, having been passed by the West Bengal Legislative Assembly, shall first be presented to the Governor of West Bengal, Shri C.V. Ananda Bose, for his consideration and assent. 
• Upon receiving the Governor's assent, the Bill shall be reserved for the consideration of the President of India, as it contains provisions that appear to be repugnant to the laws enacted by the Parliament on the subject matter. 
• The Bill shall not take effect unless and until it receives the assent of the President of India. 
• If the Bill receives the assent of the President, it shall prevail in the State of West Bengal, notwithstanding its repugnancy to any law made by the Parliament on the same subject matter. 
• The law shall prevail in the State of West Bengal only, and shall not extend in its application beyond the territorial jurisdiction of the State. 
• Notwithstanding the Presidential assent, the Parliament shall retain the power to enact any law with respect to the same matter, including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly of West Bengal. 

Conclusion

The Aparajita Women and Child Bill represents a significant step in West Bengal's approach to crimes against women and children, but it has also sparked controversy. While supporters see it as a necessary measure to ensure justice and safety, critics question its necessity given existing central laws. The bill's passage has ignited broader discussions about crime reporting, law enforcement practices, and political accountability in the state.