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West Bengal Proposes Death Penalty for Severe Rape Cases in New Aparajita Woman and Child Bill

(Source: Indian Express; Section: Govt & Politics; Page: 05)

Topic: GS2Governance
Context:
  • The West Bengal government has introduced the Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024 to create a safer environment for women and children by imposing stricter penalties for rape and sexual offenses.
  • This Bill is a response to recent incidents, including the tragic rape-murder of a trainee doctor in Kolkata.

 Analysis of News:               

Key Provisions of the Bill

Capital Punishment for Severe Cases:

  • The Bill proposes the death penalty for rape convicts if their actions lead to the victim’s death or leave the victim in a vegetative state.

Life Imprisonment:

  • Convicts of rape and gangrape will face life imprisonment, which will last for the “rest of their natural lives.”

Amendments to Existing Laws:

  • The Bill seeks to amend the Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and the Protection of Children from Sexual Offences (POCSO) Act 2012, specifically for West Bengal, to enhance punishments and streamline the investigation and trial processes.

Proposed Changes to Investigation and Prosecution

Expedited Investigations:

  • The Bill mandates that investigations into rape cases be completed within 21 days, with a possible extension of 15 days, reducing the previous two-month deadline.

Fast-Track Courts:

  • To ensure swift justice, the Bill proposes the establishment of fast-track courts and specialized investigation teams equipped with necessary resources and expertise. These courts aim to minimize the trauma experienced by victims and their families by handling cases efficiently and effectively.

Conclusion

  • The Aparajita Woman and Child Bill reflects the West Bengal government’s commitment to enhancing the safety of women and children by introducing stringent punishments and expediting the legal process for sexual offenses.
  • The proposed changes aim to deter crimes against women and children while ensuring timely justice for victims.
Government Initiatives
  • Nirbhaya Fund: The Government established the Nirbhaya Fund to support projects enhancing the safety and security of women. The Ministry of Women and Child Development serves as the nodal authority for reviewing and recommending proposals and schemes for funding under this fund.
  • One Stop Centres and Women Helplines: The Ministry of Women and Child Development has introduced One Stop Centres to provide integrated support to women affected by violence and a scheme for the Universalisation of Women Helplines to offer 24-hour emergency and non-emergency assistance.
  • Mahila Police Volunteers: It involves the deployment of Mahila Police Volunteers in States/UTs, who serve as intermediaries between the police and the community, providing assistance to women in distress.
  • Swadhar Greh Scheme: The Ministry of Women and Child Development administers the scheme, aimed at assisting women facing challenging circumstances who require institutional support for their rehabilitation. The scheme provides shelter, food, clothing, healthcare, and ensures economic and social security to help these women live with dignity.
  • Working Women Hostel Scheme: The Government implements this scheme to offer safe and conveniently located housing for working women. The scheme also aims to provide day care facilities for their children, where feasible, in urban, semi-urban, and rural areas with employment opportunities for women.
  • Beti Bachao Beti Padhao(BBBP): The scheme aims to prevent gender biased sex selective elimination, to ensure survival and protection of the girl child and to ensure education and participation of the girl child.
  • Investigation Tracking System for Sexual Offences: In 2019, the Ministry of Home Affairs (MHA) launched the “Investigation Tracking System for Sexual Offences” to assist States and Union Territories in monitoring and tracking time-bound investigations in sexual assault cases, as mandated by the Criminal Law (Amendment) Act, 2018.
  • Emergency Response Support System (ERSS): It provides a single emergency number (112) and computer-aided dispatch of field resources to distress locations.
  • Safe City Projects: It is an initiative of the Ministry of Home Affairs, in collaboration with the Ministry of Women and Child Development under the Nirbhaya Fund, aimed at creating a safe, secure, and empowering environment for women and girls in public spaces.
  • Awareness Programs: The Government conducts awareness programs and publicity campaigns on women’s rights through workshops, cultural events, seminars, training programs, and media advertisements.
PYQ: Is the National Commission for Women able to strategize and tackle the problems that women face at both public and private spheres? Give reasons in support of your answer. (250 words/15m) (UPSC CSE (M) GS-2 2017)
Practice Question:  Critically analyze the potential impact of the Aparajita Woman and Child Bill proposed by the West Bengal government. How might the introduction of stricter penalties and expedited legal processes influence the safety of women and children, and what challenges could arise in its implementation? (250 words/15 m)

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