New Stricter Bengal Anti-Rape Bill Passed: Effort To Gag Reporting Of Court Proceedings?

West Bengal’s highest selling English daily newspaper, ‘The Telegraph’ has highlighted a very significant aspect of the new anti-rape bill, passed unanimously by voice vote after much drama in the state assembly during a special session called on Tuesday, that seeks to limit reporting on judicial proceedings in rape cases.

This aspect assumes importance in the wake of the state government receiving flak from the Calcutta High Court and Supreme Court judges over its handling of the recent horrific RG Kar rape and murder case of a junior doctor in the state-run medical college and hospital in Kolkata.

The newspaper report, posted on its website, pointed out that both the Calcutta HC and the Supreme Court have live-streamed the proceedings, the clips of which have gone viral on social media, adding to the Bengal government’s discomfort.

The Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024 proposes legislation seeking capital punishment for persons convicted of rape if their actions result in the victim’s death or leave the victim in a vegetative state. Additionally, it stipulates a life sentence without parole for those convicted of rape and gang rape.

Explaining the rationale behind tabling the bill before it was passed in the assembly, Leader of the House, Chief Minister Mamata Banerjee said the anti-rape bill aimed at quick investigation, fast justice delivery and enhanced punishment. It seeks to abolish certain portions of the new Bharatiya Nyay Sanhita (BNS) Act 2023 that too deal with the rape of minors. Bengal was not consulted before passing BNS, though the state government wanted discussions on it after new govt formation, she added.

She urged the Opposition to impress upon the Governor to sign the Bill without delay while asserting that it would be the state government’s responsibility for its effective enactment following the assent of Raj Bhavan and the President.

Leader of the Opposition in the House Suvendu Adhikari of the BJP, who spoke before the chief minister, sought amendments in the bill such as strict punishments for officers if allegations of evidence tampering are found to be true, and if investigating officers change their statements. He also asked that the bill should stipulate a 30-day deadline for punishment. All amendments suggested by him were not accepted by the House.

Main provisions of the bill

• Probes into rape cases to be completed within 21 days of the initial report (a reduction from the previous two-month deadline), fast-track courts for rape cases, and a special task force where women officers will lead investigations.
• Amend provisions of Bharatiya Nyay Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and the Protection of Children from Sexual Offences (POCSO) Act, 2012, “in their application to the state of West Bengal to enhance punishment and to constitute the framework for… expeditious investigation and trial of the heinous act of violence against women and children.”
• Fast-track courts for rape cases to be equipped with the necessary resources and expertise to handle cases of rape of women and sexual offenses against children efficiently, effectively, and timely.