Explained: Mamata Banerjee's New Law For Death Penalty In Rape Cases

Amid massive protests over the rape and murder of a 31-year-old doctor in Kolkata's RG Kar Medical College and Hospital, the West Bengal Assembly today passed the Aparajita Bill to amend some provisions in the criminal code, Bharatiya Nyaya Sanhita, for the state. These amendments make penalties for rape and child abuse more stringent.

What Is Aparajita Bill?

The Bill seeks to amend several sections in the newly-introduced Bharatiya Nyaya Sanhita. Section 64 in BNS lays down that a rape convict will face rigorous imprisonment not less than 10 years and this may extend to life term. The Bengal legislation tweaks this to enhance the jail term to the "remainder of that person's natural life and fine, or with death". It also adds that this fine shall be fair and reasonable to meet medical expenses and rehabilitation costs of the victim.

The Aparajita Bill also seeks to amend Section 66 of BNS, which lays down penalties for a convict if rape leads to the victim's death or causes her to be in a "vegetative state". While the Centre legislation lays down 20 years jail term, life imprisonment and death for such a crime, the Bengal Bill says the convict should get only death penalty.

Amending Section 70 of BNS, which deals with the penalty in gangrape cases, the Bengal legislation has done away with the option of a 20-year jail term and laid down provisions of life term and death for those convicted of gangrape.

The Bengal legislation also toughens the penalty in cases relating to publicising the identity of a victim of sexual violence. While the BNS has provision of jail term up to two years in such cases, Aparajita Bill provides for imprisonment between three and five years.

The Bengal legislation also toughens the punishments in child abuse cases as laid down by the Protection of Children from Sexual Offences (POCSO) Act.

Besides toughening penalties, the Bengal legislation includes provisions for setting up special courts to hear sexual violence cases and task forces to investigate them.

What Comes Next

The legislation moved by the ruling Trinamool Congress cleared the Bengal House comfortably with the support of both the ruling party and the Opposition, but it will need both the Governor and the President's assent before it can come into force. Criminal Law comes in the concurrent list. This means that a law passed by a state Assembly can be implemented even if it is odds by a law passed by Parliament, provided it has the President's assent. But the President acts on the advice of ministers, and it is the Centre that will decide on whether this Bill becomes an Act. The Trinamool is a key rival of the BJP, which is in power at the Centre, and therefore, Aparajita Bill is unlikely to get a green signal.

Earlier, the Andhra Pradesh Assembly and the Maharashtra Assembly had passed Bills mandating death penalty in rape and gangrape cases. None of them have got Presidential assent so far.

Politics Behind The Bill

Bengal Chief Minister Mamata Banerjee is well aware of the fact that the Aparajita Bill is unlikely to get the President's go-ahead and its stringent provisions won't see the light of the day. Why then did her party push it through the Assembly? The answer to this is in massive outrage against her government over the August 9 rape-murder incident.

Ms Banerjee is under fire from the Opposition and the civil society over the heinous crime at the state-run hospital. In an attempt to turn the tables on the main Opposition BJP, the Trinamool leadership has demanded a central law for death penalty in rape cases. This legislation appears to be another damage control exercise to manage the public perception and counter the criticism in the RG Kar rape-murder case, in which the BJP has accused her of shielding those responsible.