Mamata Banerjee leads west bengal. The government has sponsored on Tuesday Anti- rape bill and seeks further a constitutional amendment. A punishment for violation occurs through putting a perpetrator under political oppression mostly application of deadly force. The law sentences a person who committed rape or gang rape to life without parole if that person’s actions caused the death of the victim or a transition into a severe irreversible mental condition.
Aparajita Women and Children ActThis Amendment Bill to the West Bengal Centre for Child and Women’s Rights and Justice 2024 Penal Code and the West Bengal Amendment Bill also prescribes the formation of a district level “Aparajita Task Force”. Specialised Courts and Investigation teams focused solely on cases of trafficking will be established.
Two-day special session is being sought by the Trinamool Congress in the backdrop of postgraduate doctor being raped and malpractice in Kolkata leading to her death. The primary purpose of the bill is the provision of the safety of women and children and prevention of various forms of violence in West Bengal with the emphasis on increasing the existing legal framework on rape and sexual violence.
The debated statement elaborately specifies that the bill in question intends to extend the effects of Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, Protection of Children from Sexual Offences Act, 2012, and already existing provisions on terrorism only concerning West Bengal.
“In this democratic nation, there is e very strong desire and assurance that their rights will always be protected mostly those of kins such as women and children and that, when it comes to any offense such as the brutal acts of rape or children sexual abuse, there is unity, Bill Bill further added.”
Reason behind rephrasing of section in the present bill includes, this time witness, it appears a number of provisions which concern the generalities such as sections 64, 66 or 70(l), 71, 72(l), 73,124(l) 124(2) of the BNS 2023. Broadly speaking, it is in kingdom, conducts sexual penetration through assault instruments, engages in arms afflicted with pedophilia, use of licencing criminal photography or video recording of activists who and obstruction of rape.
Also, it was advised that Sections 65(1), 65(2) and 70(2) of the Act, which specifically sought to punish rapes of those aged less than 16, 12 and 18 respectively be taken out.
“It is the position of the government of West Bengal that any act of abuse, irrespective of age of the child victim, about whom there are sexual offences, is the worst crime against dignity, irrespective of who the perpetrator is, whether the offendor is or is not an authority person. The draft mentions that such resentful by reason of being raped and sexual assault against young girls leads to such torturous circumstances on the victims.
The proposed reforms in the impugned bill include considerable amendments to the procedures of investigations and prosecution. There are stricter rules which state that investigations into the rape cases must be closed within 21 days of the date of the first report instead of two months as it was previously.
proposed legislation It was also envisaged that the rather short three weeks investigation period would be extended ‘not more than 15 days after any police officer not below the rank of SP or equivalent has recorded the reasons in writing in the case diary maintained under Section 192 of BNSS, 2023’.
It was also observed that the new legislations would impose harsher sanctions on recidivist offenders including life terms in prison, death and imposition of monetary fees. It in particular seeks three to five cell terms and monetary penalties for the unauthorized printing or publication of proceedings relating to courts.
