Aparajita Bill and Other Similar Laws to Curb Sexual Assaults on Women

What’s in today’s article?

• Why in News?
• The Current Indian Laws to Curb Sexual Assaults on Women
• Salient Provisions of the Aparajita Bill
• Other Similar State Laws to Curb Sexual Assaults on Women
• Difficulties in Introducing State Laws to Curb Sexual Assaults on Women

Why in News?

• The Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill 2024, which mandates the death penalty in rape cases if the victim dies or is left in a permanent vegetative state, was unanimously approved by the state Assembly.
• This comes while West Bengal is still roiling under the public demonstrations against the rape and killing of a young doctor at Kolkata's R G Kar Medical College and Hospital.

The Current Indian Laws to Curb Sexual Assaults on Women:

• The Criminal Law (Amendment) Act 2013 amended Indian Penal Code (IPC) to allow death penalty in rape cases when it led to death or left the victim in a persistent vegetative state, and in cases of repeat offenders.
• The Criminal Laws (Amendment) Act 2018 provided for death penalty for rape and gang rape of girls below the age of 12.
• The Bhartiya Nyaya Sanhita 2023 keeps all the old penal provisions and adds that gang rape of a woman under 18 is punishable by death.

Salient Provisions of the Aparajita Bill:

• The Bill amends provisions of the Bharatiya Nyaya Sanhita 2023 (BNS), the Bharatiya Nyaya Suraksha Sanhita 2023 (BNSS), and the Protection of Children Against Sexual Offences Act 2012 (POCSO) in the state.
• Provisions of BNS amended:
  • In cases where aggravating circumstances are present (such as rape by a public servant, etc), the Bill adds the words “or with death” at the end of the description of the maximum punishments (imprisonment for life).
  • In rape cases where the victim dies or is left in a permanent vegetative state, the Bill makes the death penalty mandatory in such cases.
  • In cases of gang rape, the Bill provides for the death penalty for the gang rape of a woman above age 18.
  • For repeat offenders, the Aparajita Bill replaces the punishment of simple “imprisonment for life” with “rigorous imprisonment for life”.
  • For disclosing the identity of a rape victim and for publishing information relating to court proceedings in rape cases, it also increases the jail terms.
  • In cases of acid attacks, the Bill removes the lighter punishments (prison terms less than life and fine) with “rigorous imprisonment for life” as the only punishment.
• Provisions of POCSO Act amended: The Bill provides for the death penalty for penetrative sexual assault, where the highest punishment currently is life imprisonment.
• Provisions of BNSS amended:
  • The Bill reduces the time provided under BNSS to complete the investigation into the relevant BNS and POCSO offences from two months to 21 days (which can be extended by another 15 days if necessary).
  • The Bill also reduces the time given to complete the trial after the chargesheet is filed from two months to 30 days.
• Task Forces, Special Courts:
  • The Aparajita Bill provides for special institutions (like Special Police Teams to investigate crimes against women) with the express purpose of investigating, hearing, and deciding rape cases on strict timelines.
  • For example, the Bill creates a special Aparajita Task Force in every district to investigate cases of rape.
  • The Bill also introduces Special Courts in every district for the purpose of expeditious completion of inquiry or trial in rape cases, and to appoint a Special Public Prosecutor respectively.

 Other Similar State Laws to Curb Sexual Assaults on Women:

• Before West Bengal, the Andhra Pradesh (Disha Bill) and Maharashtra (Shakti Bill) Assemblies had passed laws prescribing the death penalty for rape by amending the criminal laws in force at the time.
  • The Disha Bill2019 introduced the death penalty as punishment for the crimes of rape, including against a minor below 16 years of age, gang rape and for repeat offenders.
  • The Shakti Bill 2020 too introduced the death penalty in rape cases and provided shortened timelines for concluding the investigation and trial.
  • Neither Bills has received the mandatory assent of the President yet.
• Earlier, the Madhya Pradesh (in 2017) and Arunachal Pradesh (in 2018) Assemblies introduced the death penalty for the rape or gangrape of a woman up to 12 years of age.

Difficulties in Introducing State Laws to Curb Sexual Assaults on Women:

• The Aparajita Bill will now be presented to the Governor of West Bengal who will send it to the President, who will then decide whether to give her assent and allow the Bill to come into force.
• Why is the President's assent crucial?

• In Mithu versus State of Punjab case (1983), the Supreme Court ruled that ‘mandatory’ death sentence
  • Violates fundamental rights of equality before law (Art 14) and right to life (Art 21), and
  • Would result in "unfair, unjust and unreasonable procedure" that can deprive a person of his/her life.

Q.1. What is the Bhartiya Nyaya Sanhita 2023?

The BNS 2023 is a new criminal code that will replace the Indian Penal Code (IPC) of 1860. The BNS is intended to provide justice instead of punishment, and to remove traces of a colonial mindset. The BNS came into effect on July 1, 2024.

Q.2. What is the Bharatiya Nyaya Suraksha Sanhita 2023 (BNSS)?

The BNSS was introduced to replace the Code of Criminal Procedure (CrPC). It amends provisions on bail, expands the scope of property seizure, and alters powers of police and magistrates.

Source: Bengal bill proposes death or life in jail till death for all rape cases | IE