Following the rape and murder of a junior doctor at the Kolkata hospital, which caused widespread protests across India, the West Bengal government passed an anti-rape bill which is a first of its kind bill in the country.
Published Sep 04, 2024 | 11:30 PM ⚊ Updated Nov 26, 2024 | 2:35 PM
AI generated image of a woman getting sexually harassed
Over three weeks after the rape and murder of a junior doctor inside Kolkata RG Kar Medical College triggered nationwide protests, the West Bengal Legislative Assembly on Tuesday, 3 September unanimously passed the first of its kind anti-rape bill in India – the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024.
The bill seeks changes in several sections of the Bharatiya Nyaya Sanhita (BNS) 2023, to replace the existing punishment for rape, gang rape and murder cases – 10 or 20 years in jail – with the death penalty or lifetime imprisonment of the convict. The proposal to replace the existing punishment is only under rare case scenarios, meaning if the assault leads to the victim’s death or puts her in a vegetative state.
The bill was unanimously passed in the two-day special session of the Assembly, called by the ruling TMC in West Bengal to address the growing protests in the wake of the post-graduate doctor’s rape and murder. Even the Leader of Opposition (LoP) Suvendu Adhikari called for the immediate implementation of the Bill.
Aimed at ensuring the protection of women and children and enhancing their safety, the “historic Bill” aims to address the violent crime from three aspects – increase in punishment, speedy investigation and providing timely justice for the women survivors or victims and their families.
In this regard, the West Bengal government aims to ensure that a probe into a rape case is completed within 21 days from when the initial report is filed. This is a significant reduction from the earlier deadline of two months. The law will be enacted once the Governor and the President give their assent.
The bill proposes to amend the newly passed BNS 2023 and Protection of Children from Sexual Offences Act (POCSO) to expedite the investigation and trial of the heinous crime committed against children and women.
The bill aims to impose “reasonable” fine to ensure the medical expenses and rehabilitation requirements of the survivors are met, and it should be paid within a fixed period. The bill amends Sections 64, 66, 70(1), 71, 72(1), 73, 124(1) and 124 (2) of BNS, 2023, which broadly pertains to punishment for crimes like rape, murder, gang-rape and repeat offenders among other offences.
Speaking about the bill after it was presented in the Assembly, West Bengal Chief Minister Mamata Banerjee described it as a “historic and model Bill”. “Any well-meaning person will support it,” the CM said, adding, “I assured the deceased doctor’s family that the case will be handed over to the CBI if the police cannot crack it. Now the case is with CBI at the directions of the Calcutta High Court. We want justice from the CBI. The CBI should hang the culprits.”
The body of the woman post-graduate trainee, who was allegedly raped and murdered inside a seminar hall of the RG Kar Medical College hospital on 8 August, was found on the morning of Friday, 9 August. The autopsy report stated that the victim had multiple injuries both on her body and face and she was also bleeding from several parts of her body. A police officer was reported to have stated that circumstantial evidence indicated the woman may have been murdered and then raped.
A civic volunteer was arrested on 10 August in connection with her murder and sent to 14-day police custody. Kolkata police commissioner Vineet Goyal said the accused went back to the place he was staying at after the crime and slept till late Friday morning, after which he washed the clothes he was wearing while committing the crime to destroy evidence. His shoes, with blood stains, were reportedly found during the police search.
A lot of developments have taken place in the 25 days since her body was found. The incident sparked nationwide protests for weeks, with junior doctors and healthcare workers expressing deep concern for their safety and standing in solidarity with the murdered doctor. Across West Bengal and the country, hospital services were disrupted as junior doctors continued their cease work, refusing to resume duties until their demands for a thorough investigation and greater security measures were met.
Former principal of the Kolkata college, who resigned amid the controversy surrounding the doctor’s death, was eventually arrested by the police for alleged corruption and financial irregularities. Central Bureau of Investigation (CBI) took over the investigation into the allegations based on the order from Calcutta High Court. He has been in custody since then. Additionally, the Indian Medical Association had also suspended the membership of Sandip Ghosh.
(Edited by Neena)
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