The Aparajita Bill, 2024: A Reform or Retribution?

Introduction

The West Bengal government has recently passed the “Aparajita Women and Child Bill, 2024” with a voice vote and full legislative support. The law aims to strengthen laws against rape and sexual offences and has introduced death as a punishment for sexual offences. This law has been introduced in the backdrop of the tragic rape and murder of a trainee doctor at the RG Kar Medical Centre and Hospital. The proposed changes will require certain changes to the Bharatiya Nyaya Sanhita (BNS) 2023 and will require assent from the President. The bill aims to foster the justice process and that investigations must be completed within 21 days. To effectuate it, a district-level ‘Aparajita Task Force’ will also be established to further the investigations at the ground level. Moreover, the government also wants to establish Fast Track courts for the delicate handling of the subject matter and to do a faster justice dispensation.

Strict laws or Speedier justice dispensation?

This law aims to fill the loopholes in the existing sexual offences investigations but many have described it as a ‘knee-jerk response’ to the incident without taking into account the efficacy of the argument that whether stringent laws act as deterrent against such offences. According to former Supreme Court Judge Asok Kumar Ganguly there are many studies to prove that stringent laws did not have any effect on the rate of crimes happening in India. He said that there are strict laws already in our codes and there is a need of stricter and speedier application of those, and not the introduction of more harsh laws. As per the National Crime Records Bureau [NCRB] report the reported crimes against women rose by 12.9 per cent in the last few years. In India, a woman is raped every 16 minutes, while there are many cases that never made it to the official files or even if they were filed, the issue is often trivialised until small steps like stalking, teasing and catcalling etc. give rise to the most inhumane form of crime.

Instead of ensuring speedier justice to the victim, the government's attempts to make the laws more retributive in nature will only diminish the hope amongst the people and will reduce their faith in the justice system. The focus should be shifted from implementing more stricter laws to changing the social fabric of the country and targeting more niche and responsible areas. For instance, the motto “Beti Bachao, Beta Padhao” aims at increasing the education and awareness among the youth against these crimes and the sensitivity regarding sexual autonomy. Moreover, it is highly important to make the workplace environment safe for women as they cannot be expected to sit idly at home and only fulfil the stereotypical roles. The routes and roads should be well-lit to diminish any possibility of the crime and doing away with the culture of victim calling will be to the benefit of this country’s women's safety.

In conclusion, there are many more initiatives that can be taken by the government by following the bottom-top approach instead of ravishing stringent laws in the justice system.

References

• Singh, Shiv Sahay. “Aparajita Bill Is a Knee-Jerk Response, Say Experts, While Victim’s Parents Decry Fewer Night Working Hours for Women.” The Hindu, The Hindu, 4 Sept. 2024, www.thehindu.com/news/national/west-bengal/aparajita-bill-is-a-knee-jerk-response-say-experts-while-victims-parents-decry-fewer-night-working-hours-for-women/article68606420.ece.
• Krishnan, Murali. “Has Rape Become Normalized in India? – DW – 03/05/2024.” Dw.Com, Deutsche Welle, 8 Mar. 2024, www.dw.com/en/sexual-violence-in-india-is-rape-becoming-normalized/a-68443032.
• Mitra, Atri. “Bengal Assembly Unanimously Passes Strict Anti-Rape Bill; Mamata Targets PM Modi, Amit Shah.” The Indian Express, The Indian Express, 5 Sept. 2024, indianexpress.com/article/cities/kolkata/west-bengal-assembly-passes-aparajita-bill-women-safety-9548024/.
• Desk, DH Web. “Explained: West Bengal’s ‘aparajita’ Bill vs New Criminal Laws for Rape Cases.” Deccan Herald, Deccan Herald , www.deccanherald.com/india/explained-west-bengals-aparajita-bill-vs-new-criminal-laws-for-rape-cases-3175574#google_vignette. Accessed 5 Oct. 2024.

The author affirms that this article is an entirely original work, never before submitted for publication at any journal, blog or other publication avenue. Any unintentional resemblance to previously published material is purely coincidental. This article is intended solely for academic and scholarly discussion. The author takes personal responsibility for any potential infringement of intellectual property rights belonging to any individuals, organizations, governments, or institutions.