Kolkata2 minutes ago
- Copy link
The Aparajita Bill was sent to the President by the Governor on 6 September 2024, although Governor Bose spoke about several flaws in the bill.
West Bengal Governor Anand Bose has returned the Aparajita bill brought by the Mamata Banerjee government to the state government. According to Raj Bhavan sources, the central government has raised a serious objection to this bill.
The Center says that this bill changes several sections of the Indian Code (BNS) and there is a provision of very strict punishment in crimes like rape. This bill was sent to the President by the Governor on 6 September 2024, although Governor Bose spoke about several flaws in the bill.
In fact, on 9 August 2024, after the rape of the trainee doctor at RG Kar Hospital in Kolkata, questions were being raised on the state government about women’s safety. The Mamta government introduced the Anti-Rap Bill in the West Bengal Assembly on 3 September 2024. Under this, the police will have to complete the investigation of the rape case in 21 days.
The governor gave objections on 3 provisions in the bill:
- Direct hanging or life imprisonment in rape cases.
- Proposal to remove the law to make a difference between the victims of 12 and 16 years in the bill.
- If the victim dies or goes into a coma, the provision of mandatory hanging.
10 questions and answers related to the bill …
1. What is the name of the bill and its purpose? answer: The Government of Bengal has named the bill Aparajita Woman and Child Bill 2024. The aim is to change the safety of women and children in cases of rape and sexual exploitation by changing the West Bengal Criminal Law and Amendment Bill.
2. When will the convict be hanged? answer: If Victim dies after the rape or if he goes into a coma, then the convict of rape should be punished in this situation.
3. What will be the period of jail if the rapist is imprisoned? answer: The bill states that the convict of rape-gang rape should be sentenced to life imprisonment. In this, he should be kept in jail all his life. During this time, he should not be given parole. Under the current law, the minimum punishment of life imprisonment is 14 years. After being sentenced to life imprisonment, punishment may be forgiven, parole can be given. The punishment can also be reduced, but 14 years will have to be spent in jail.
4. Which sections have been changed in the bill? answer: The bill draft proposes a change in sections 64, 66, 70 (1), 71, 72 (1), 73, 124 (1) and 124 (2) of the Bill Draft. This mainly includes cases of rape, rape and murder, gangrape, persistent crime, identity of the victim, acid attack cases. It proposes to remove sections 65 (1), 65 (2) and 70 (2). In this, convicts below 12, 16 and 18 are punished.
5. What is in the bill on the investigation of rape and gangrape? answer: According to the draft bill, the investigation in rape cases should be completed within 21 days. This investigation can be extended for 15 days, but it will be done by the Superintendent of Police and its equivalent rank, before they have to tell the reason in the case diary.
6. There is any provision for habitual criminals? answer: The provision of life imprisonment for such criminals is also in the bill. In this, the convict will have to stay in jail till he fulfills his age. A fine will also be imposed.
7. Will a special team be formed for cases of rape and murder? answer: According to the draft bill, there is a proposal to create a special task force at the district level, whose name will be Aparajita Task Force. It will be led by DSP. This task force will be responsible for investigating cases under new provisions.
8. What changes are proposed for the victims to get justice soon? answer: The bill states that special courts and special investigation teams will be formed. They will be provided necessary resources and experts, who will see cases related to rape and sexual abuse of children. Their job will have to be rapidly investigated, quick justice and the victim will have to reduce the trauma.
9. Any new rule for media reporting of rape case? answer: Yes, the court proceedings will have to get permission before print or publishing. If this is not done, a provision of 3 to 5 years punishment has been made with fine.
10. Why will the Governor be sent to the President to pass the bill? answer: The criminal law comes under the concurrent list, so it will be necessary to approve the Governor and then the President. The concurrent list given in the seventh schedule of the Constitution of India includes the subjects which have both the central and state government rights. Both the central and state governments can enact laws on the topics included in the concurrent list, but if both have a conflict in the law, then the law of the central government will be considered paramount. The concurrent list consists of a total of 52 subjects.
,
