Amid massive protests after the gruesome rape and murder of a trainee doctor in Kolkata’s RG Kar Medical College and Hospital, the West Bengal Assembly on Tuesday, September 3, passed the Aparajita Bill to amend some provisions in the criminal code, Bharatiya Nyaya Sanhita in the state. These amendments will make penalties for crimes like rape and child abuse stricter. However, the victim’s parents are disappointed in the bill passed by the assembly.
About Aparajita Bill
The Bill attempts to amend several recently introduced Bharatiya Nyaya Sanhita provisions. Section 64 of the BNS states that a rape convict will incur hard imprisonment for at least ten years, which may be extended to life. The Bengal statute changes this to increase the jail term to the “remainder of that person’s natural life and fine, or with death”. It further states that the fine must be fair and reasonable to cover the victim’s medical bills and rehabilitation expenditures.
The Aparajita Bill also seeks to alter Section 66 of the BNS, which imposes penalties on a prisoner if rape kills the victim or puts her in a “vegetative state”. While the Centre Act provides for a 20-year jail term, life imprisonment, or death for such a crime, the Bengal Bill states that the convict should only face the death penalty. The Bengal Act amended Section 70 of the BNS, which deals with the penalty in gangrape cases, by eliminating the possibility of a 20-year imprisonment term and establishing provisions for life in prison or execution for anyone convicted of gangrape.
The Bengal Act further increases the penalty for disclosing the identity of a victim of sexual violence. While the BNS allows for jail terms of up to two years in such circumstances, the Aparajita Bill enables three to five years of incarceration. The Bengal legislation also toughens the consequences of child abuse, as outlined in the Protection of Children from Sexual Offences Act. Aside from toughening penalties, the Bengal Act establishes special courts to hear sexual violence complaints and task groups to investigate them.
Also Read: Kolkata Doctor Rape And Murder Case: Who Are The 3 Other People Arrested Alongside Sandip Ghosh?
Victim’s Parents Are Disappointed With The Bill
When asked about their opinions on the Aparajita Bill, the Kolkata doctor’s parents expressed that they were not satisfied with the bill passed by the West Bengal Assembly. They said that CM Mamata Banerjee was being discriminatory between men and women. According to the bill, female employees were allotted a 12-hour shift while their male counterparts were allowed to work for 24 hours.
The victim’s mother said, “It’s clear discrimination and I oppose this.” The victim’s father pointed at Mamata Banerjee and said that this is clear discrimination and that it shows the incompetence of the government. They said that it’s not fair to discriminate against people who are studying medicine. They questioned why would the woman only be allowed to work for 12 hours? The trainee doctor’s father questioned if a woman’s interview might be scheduled at 11 PM, will she not go there? He said that because of this they would have to quit their jobs and sit at home.
They suggested that the government should instead protect the women at their workplace and bring corruption into the limelight. They said that the judiciary needs to be strengthened and people, regardless of gender should be protected at their workplace.