Anti-Rape Bill – Kolkata Rape-Murder Case
Author: LawSphereX
Category: Criminal Law
Published:
Updated:
ANTI-RAPE BILL – KOLKATA RAPE-MURDER CASE
Shamyuktha JP, Sastra Deemed to be University
ABSTRACT
Rape is not just a physical, violence act perpetrated against one victim, it is an assault on Humanity. - Emma Watson This paper aims in understanding the importance of Anti-Rape bill in West Bengal with referring to the recent sensational Kolkata RG Kar Rape and Murder case. This paper highlights the importance of Anti-rape bill in Bengal after the tragic incident in Kolkata. It highlights the process of making this bill and the controversies faced during introducing this bill, this anti-rape bill introduced in West Bengal is named as Aparajita women and child bill (West Bengal criminal laws and amendment bill) 2024 and it was introduced on September 3 2024 by Mamata Banerjee, chief minister of West Bengal. This anti-rape bill highlights three important elements i) Increased punishment ii) Speedy investigation iii) Rapid dispensation of Justice.
The passed bill is said to strengthen laws against rape and sexual offences. This bill also suggests changes in national laws such as Bhartiya Nyaya Sanhita, Bhartiya Nagarik Suraksha Sanhita and Protection of children from sexual offences act 2012 and make the penalties for sexual offences more stringent. This paper importantly highlights how this impacts the current situation, and discusses about the important provisions of this bill. We Law student and Advocate as Authors has chosen this topic to bring out the importance of the Anti-rape bill, and to convey that anti-rape bill should not only be imposed or introduced in Bengal but also should be introduced in every other state to lesser the crimes related to sexual offences against women and children in our nation.
Keywords: Rape, Murder, Anti-rape bill, Aparajitha bill, increased punishment, speedy investigation, rapid dispensation of justice, Sexual offences, Barathiya Nyaya Sanhita, Barathiya Nagarik Suraksha Sanhita.
INTRODUCTION:
A heinous crime involving sexual intercourse or any other forms of sexual penetration that is
carried against a person without their consent is known as rape. It is carried out by physical force, coercion, or when the victim is unable to give their consent due to incapacity of giving consent, unlawful intoxication by the offender. Under Indian penal code 1860, rape is defined under section 375 along with Section 376 defining the punishment for rape, as a person who commits the offence of rape will be punished with an imprisonment not exceeding 10 years and the same may exceed life imprisonment, the imprisonment provided in this section must be rigorous imprisonment. Currently in Barathiya Nyaya Sanhita 2023, rape is defined under section 63 along with section 64 defining the punishment for rape and in this new Act the punishments have been made severe.
An unlawful killing of another person without any justification where there is an intention to cause death or to cause bodily injury with the knowledge that it may cause death is known as murder. Under Indian Penal Code 1860, murder is defined under section 300 along with the section 302 defining the punishment for murder with death or life imprisonment with fine. Currently in Barathiya Nyaya Sanhita 2023, murder is defined under section 101 along with section 103 which defines punishment for murder which have been made severe. After the Kolkata RG Kar rape-murder case that took place, west Bengal government has decided to introduce Anti-rape bill amending the provisions in Barathiya Nyaya Sanhita 2023.
This Anti-rape bill was named as Aparajita Women and Children Bill (West Bengal criminal laws and amendment act) 2024 and was introduced on September 3, 2024 by Chief minister of west Bengal Mamta Banerjee. This bill focused on three elements such as severe punishments, speedy investigations and rapid dispensations of justice. This bill focused on strengthening the laws against rape and sexual offences. An Anti- Rape Bill is a legislative measure aimed at combating the crime of rape by establishing stronger legal frameworks for the prevention, prosecution, and punishment of sexual offenses. It typically seeks to protect victims, ensure swift and effective justice, and create a deterrent through stricter penalties for perpetrators. The bill often includes provisions for the rights of survivors, better support systems, and mechanisms to improve law enforcement and judicial processes.
KOLKATA RAPE-MURDER CASE:2024
On 9th august 2024 a post-graduate trainee a female doctor, 31 years old was raped and
murdered in the college building at RG Kar Medical college and hospital in Kolkata, west Bengal. The autopsy report revealed that the victim has been raped and sexually assaulted before being killed through strangulation. On 13th august 2024 the Calcutta high court being unsatisfied with police handling the investigation therefore forwarded the investigation of the case to the Central Bureau of Investigation (CBI). On 18th august 2024 supreme court took Suo moto cognizance of the case with three judge bench including Chief Justice of India Justice. D. Y. Chandrachud. The court criticised the state government, police officer and the college administration for mishandling the case and the vandalism that occurred that night. The court ensured safety for women and other doctors in their workplace and also requested all the doctors who were protesting to return to their duties.
The west Bengal government introduced a new bill in west Bengal legislative assembly on 3rd September 2024 named Aparajita women and child bill (west Bengal criminal laws and amendment 2024). West Bengal became the first state to introduce such bill by amending the central laws for crime of a sexual nature against women and children and was sent to the Governor C. V. Ananda Bose and to the President of India Draupadi Murmu for their assent on the bill. This bill amends the recently amended new law that is Indian penal code 1860 now Barathiya Nyaya Sanhita 2023. The convicts of such offence such as rape or sexual offence will be given death penalty the victim dies or is in vegetative state and life sentence will be granted without any parole. This bill also proposed a special task force led by female police officers to accelerate investigations related to rape cases.
And increasing fast track courts to deal with such rape cases. If there is any delay in investigations or any mishandlings of the investigation then penalties are imposed in such cases. This bill has also fixed time limit in deciding such cases,
21 days of time limit with 15 days of extension only with proper and valid reasons this15 days
of extension will be provided. So, this case has been the main reason for such introduction of this new anti-rape bill in West Bengal which plays major role in protection of women and children against crimes such as rape, sexual assault and murders.
INTRODUCTION TO APARAJITA WOMEN AND CHILDREN ACT (WEST BENGAL
CRIMINAL LAWS AND AMENDMENT BILL) 2024:
After the tragic incident that took place in Kolkata, the West Bengal government decided to
introduce an Anti-rape bill named Aparajita women and children act (West Bengal criminal laws and amendment bill) 2024 to protect the victims and to increase the punishments for the offenders. This bill was introduced by the West Bengal legislative assembly on 3rd September
2024 by Mamta Banerji, chief minister of West Bengal and the bill was sent to the Governor
and the president for their assent on the bill. The proposed aims to amend the criminal law provisions in the new laws such as Barathiya Nyaya Sanhita 2023, Barathiya Nagarik Suraksha Sanhita 2023 and protection of children from sexual offences act (POCSO) 2012. This bill was proposed for protection of the victims and punishments under this bill was made severe and rigorous. The key provisions of the Aparajita Bill 2024: Death penalty for Rape: This bill proposed capital punishment and Death penalty for the individuals who are the convicts of rape if the act results in victims’ death or if victim is put in vegetative state.
Under BNS the amended laws are section 64(1), section 64(2) and section 66: a) Section 64(1): Rigorous imprisonment for a term not less than 10 years but which may extend to imprisonment of remainder persons natural life and shall be liable for fine, this have been substituted with rigorous imprisonment which means rigorous imprisonment for the remainder persons natural life with fine or with death. b) Section 64(2): This section deals with rape of police officer, public servant or member of armed forces or from remand home must be punished with rigorous imprisonment which means rigorous imprisonment for the remainder persons natural life and fine or with death is substituted with rigorous imprisonment for life which means rigorous imprisonment for life for the remainder persons natural life and also liable with fine.
c) Section 66: This section deals with if the victim dies or put under vegetative state then the punishment for the perpetrators is imprisonment not less than 20 years or which may
extend to imprisonment of life which means imprisonment of life for the remainder persons natural life with fine or with death is substituted with the word’s death. This legislation proposes stricter penalties for repeated offenders also, such as life imprisonment or with the possibility of death penalty if they warrant it for repeated offenders. Time limit for the investigations: The investigations for the rape cases must be completed within 21 days from the initial report and the trial for rape case must be completed within 30 days. The extension of time will only be given if there is valid reason and with the permission from senior police officer. Under BNSS the time limit for rape cases are 2 months from that date of FIR (first information report).
Establishment of Fast Track Courts: The establishment of fast-track courts is a significant move in this bill as it addresses sexual violences more effectively. This bill also mandates creation of 52 special courts for handling sexual violence cases. Fast track courts help in reducing the time and ensuring fast judgment so that the victims doesn’t have to wait to get their justice, fast track courts act as a solution for justice delayed is justice denied. These courts also help in analysing the case and imposing or introducing legal reforms for these cases, it also ensures protection and safety for the victims. It also takes initiatives like conducting campaigns for educating the people. Establishment of special task force: This bill introduced special task force led by female police officers for effective investigations related to sexual offences against women and children.
This task force is established for immediate assistance for those face violence, ensuring their safety and access to justice. This task force is comprised of trained personnel such as police officers, social workers and legal advisors who work and address the cases of domestic violence, sexual violence against women and children. Protection of victims: This bill also includes provisions to protect the identities of the victims during the trial and ensuring their privacy and dignity in the society. They provide financial support to the victims
and also rehabilitation centres for the victims have been introduced to help them recover both mentally and physically. They have also established dedicated helplines, shelters, and crisis intervention teams to assist victims promptly. Penalties for delaying justice: This bill introduced penalties for the police officials and health officials if they fail to act promptly, tamper the evidence, handle the case with proper investigation or if they mishandle the case. This aims in holding any authority accountable if they are found to be negligent during or in the judicial process. The judges and the judicial officers will be accountable for excessive delays in rape cases. Publication Restrictions: Media and public disclosures must avoid revealing the identity of victims to prevent stigmatization and further trauma.
Violations of these publication by the media may lead to severe punishment, imprisonment up to 3-5 years for the media. Guidelines for media coverage may emphasize responsible reporting focusing on raising awareness about the issue of sexual violence. Challenges related to Aparajita Bill 2024: The Aparajita Women and children act (West Bengal criminal laws and amendment bill)2024 seeks to amend central laws, this raised concerns about its constitutional validity and jurisdictional issues. Under article 246 the states only have the authority to legislate the issues that are mentioned under state list. If the bill overrides the central law, then it needs president’s assent. There are many instances where the state amendments in the central laws have been contested in courts such as the cases below: v State of West Bengal v Union of India 1963 AIR 1241 Bench: Bhuvaneshwar P.
Sinha, Syed Jaffer imam, J. C. Shah, N. Rajagopala Ayyangar, J. R. Mudholkar. The supreme court addressed the conflict between the state legislative and the central laws, the west Bengal land reforms act, 1955 and the land acquisition act, 1894
affirming parliaments supremacy. Background of the case: This case often rises the conflicts between legislative powers as mentioned in the constitution. According to the article 246 the parliament and state legislatures the power to make laws in their respective territories. The conflicts arises when there is overlapping between the powers particularly in concurrent matters. Key issues: The core issue here is whether the law made by the west Bengal state legislature is within the authority of the constitutional validity. This needs an overview of the state list, union list and concurrent list as mention in the constitution. This case challenges the constitutional validity of certain laws whether they infringe the fundamental rights and directive principles. This case highlights the harmonious interpretation of balancing powers in the constitution.
Judgement: the constitution gives the power to both state and central to make laws but within their limits as defined under the constitution. The courts emphasized that there must be cooperation between the state and the central governments while exercising their powers, the balance of power is more crucial However, the constitution states that both the state and the central government has the power to make laws according to the concurrent matters listed in the constitution. Criminal law in India can be regulated by both state and the central legislature as it falls under concurrent list. So, the Aparajita bill did not face any challenges regarding the constitutional validity as the amendments were made only according to the concurrent list and most importantly this bill had the assent of the president of India.
APARAJITA WOMEN AND CHILD ACT (WEST BENGAL CRIMINAL LAWS AND
AMENDMENT BILL) 2024 VS POCSO ACT 2012:
The West Bengal assembly proposed this bill seeking amendments of central laws such as
Barathiya Nyaya Sanhita 2023, Barathiya Nagarik Suraksha Sanhitha 2023 and Protection of children from sexual offences (POCSO) 2012 and it applies to the victims of all the ages. The Aparajita Bill 2024: This act increased the minimum punishment from 3 years to 7 years, under this act the punishment for the sexual violence shall not be less than 7 years, it may extend to 10 years with fine. The POCSO Act 2012: Section 8 of POCSO 2012 states that for any sexual violence punishment will be up to 3 years of imprisonment which may also extend to 5 years with fine. The differences between two acts: a) On Trial: Bengal Anti-rape bill: The special courts introduced by the Bengal anti-rape bill must have completed the trial within 30 days. POCSO Act: The special courts must have completed the trial within year from the date of taking cognizance of the offence.
b) Recording Evidence of Child: Bengal Anti-rape bill: The new Bill mandates that the evidence from the child must be recorded within 7 days compared to POCSO act. POCSO Act: This act ensures that the evidence from the child must be recorded within
30 days of the cognizance if there is any delay in recording the evidence it must be
noted to the court. c) Enhanced Punishment for Aggravated Sexual Assault: Bengal Anti-rape bill: The minimum Punishment for aggravated offence is increased from 5 years to 7 years.
POCSO Act: The minimum punishment for aggravated offence in not less than 5 years which can also extend up to 7 years with fine. d) Punishment for Aggravated Penetrative Sexual Assault: Bengal Anti-rape bill: This bill enhances rigorous imprisonment for life which means rigorous imprisonment of life of remainder persons natural life and also with fine or with death. POCSO Act: This act imposes rigorous imprisonment not less than 20 years which means rigorous imprisonment for remainder persons natural life and also with fine or with death. e) Punishment for Aggravated Penetrative Sexual Assault on child below 16 years: Bengal Anti-rape bill: This enhances rigorous imprisonment for life which means rigorous imprisonment of life of remainder persons natural life and also with fine or with death for aggravated penetrative sexual assault on child below 16 years.
POCSO Act: This act imposes rigorous imprisonment not less than 20 years which means rigorous imprisonment for remainder persons natural life and also with fine or with death for aggravated penetrative sexual assault on child below 16 years. The Aparajita Bill and the POCSO Act serve different yet complementary purposes in child protection in India. The Aparajita Bill focuses on the overall welfare and rights of children in need of care and protection, encompassing aspects such as rehabilitation, education, and holistic development. It engages various stakeholders, including government bodies and NGOs, to ensure children's needs are met. In contrast, the POCSO Act specifically addresses sexual offenses against children, providing a legal framework for the prevention, reporting, and prosecution of such crimes.
It establishes clear definitions of sexual abuse and mandates childfriendly legal procedures, primarily involving law enforcement and legal professionals. While the Aparajita Bill emphasizes broader child welfare, the POCSO Act concentrates on safeguarding children from sexual exploitation and abuse.
ANALYSIS USING GOOGLE FORMS FOR RESEARCH:
We as authors conducted a google form survey for two weeks for our research to know how many participants around are well aware about the case, the bill that has been introduced and what they think about the bill including their opinions. To assess participant satisfaction, a survey was created using Google Forms, featuring a multiple-choice question, and open-ended responses. The survey was distributed via email and social media, and responses were collected over a two-week period. This survey has been very useful for our research in knowing the opinions of the participants on the Anti-Rape Bill, almost 85-95% participants were well aware about the case in Kolkata and the Anti-Rape Bill introduced in West Bengal which is a very positive response. Yes or No questions on the Bill 4. 5 3. 5 2. 5 1. 5 0.
5 How many have heard about the kolkata rape How many are aware of Do you believe that this Will you participate in the campaigns to raise the Anti-Rape bill bill will have positive case impact on reducing awareness on sexual sexual violence violence
YES
NO
Theoretical Questions responses: How did you hear about the Anti-Rape Bill? 4.5 3.5 2.5 1.5 0.5 Social Media News Media Friends and Family From the google form Which of the following provisions do you support the most? 4.5
What do you thinkis the most effective way to reduce sexual violence? 4.5 3.5 2.5 1.5 0.5 Stronger legal framework Education and awareness Community vigilance and Empowering survivors through support system programs reporting mechanisms How important do you think it is to have Anti-Rape Bill? 4.5
Participants shared their own opinions for the question What can the government or the community do better to support the rape survivors? Many had different and valid opinions on this. The most common answers given by them were to punish the perpetrators severely, enhancing stricter punishments for the perpetrators, providing the victim with full support such as rehabilitation centres. Educating and creating awareness among the people about the sexual violence that is happening around them, to ensure justice as soon as possible without any delay.
We as authors would like to mention some of the chosen comments that has shared by the participants around through this google form survey, Government must provide Compensation, rehabilitation, Support system, providing necessary medical support to the survivor of sexual violence, Victim identity must be kept confidential and suitable punishment to the accused and punishment to the accused must be ensured, they must have profound insights of the victim's feelings. And not blame the victim.
Give severe legal punishment for the rapist immediately, Publicly punish the offender violently so that everyone gets the fear of even trying to rape a girl in the most extreme case possible, Communities can better support rape survivors by providing education, counselling, legal assistance, peer support groups, professional training, and ensuring accessible resources for healing and empowerment, Understanding of what they went through and their situation and feelings can do a great deal as support. A punishment designed to make an example of what will happen to such evil doers to the people. In conclusion, utilizing google forms for data collection in research projects for efficient approach to gathering participants responses. The ability to visualize data through charts and graphs enhances the presentation of findings, making it easier to communicate results effectively.
Furthermore, as demonstrated in our study of participant satisfaction at Anti-Rape Bill, the insights gained from structured responses can significantly ensures improvements for the future.
CONCLUSION:
In the context of increasing sexual violence in many societies, the introduction of an Anti-Rape Bill reflects the urgent need to reform existing laws, raise public awareness, and address gaps in the legal system. It is a step toward ensuring that justice is not only accessible but also timely and victim-centred, focusing on safeguarding the dignity and security of women and vulnerable
populations. This Anti-rape bill can bring many changes in the nation by providing security to the victims, educating people about the sexual violence happening around the nation, creating awareness among the people of the country, bringing up harder punishments for the perpetrators. The anti-rape bill introduced by Bengal stands as a testament to the commitment in eradicating sexual violence and encourage a safer society. This bill not only aims in bringing harder punishment for punishments and providing safety for the victims but also promotes in societal change. While path ahead of introducing this bill faced many challenges, but this bill was introduced successfully and plays a very important role in societal change and has the potential to transform the lives of the survivors.
This bill calls upon and collaborates with government bodies, civil society and the citizens in the nation to work collaboratively in ensuring the safeguard of the society and that survivors are supported in the quest of justice and healing. As authors we think that this bill would bring a very big change to the society and helps in lessening the sexual violence offences around the nation. The journey toward a society free from sexual violence is long, but with sustained commitment and action, it is a journey we can undertake together.