Introduction
The recent RG Kar Medical College Hospital case has shocked the entire nation. Since August 9th, there have been continuous protests across India. The West Bengal government is facing criticism from both the media and the public, with different political parties assigning blame. Amid this turmoil, on September 3rd, the West Bengal Assembly unanimously passed the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, commonly known as the anti-rape bill.[1] The Aparajita Bill is touted as a reformative measure aimed at amending current criminal laws related to rape. It has evoked mixed reactions across India, with some viewing it as a “pathway to a secure nation,” while others see it as a political manoeuvre. Concerns about women’s safety are escalating among Indian citizens.
Punishments of Bharatiya Nyaya Sanhita and Aparajita Bill
The Bharatiya Nyaya Sanhita, 2023 (BNS) was implemented in India on July 1st, 2024, replacing the old Indian Penal Code, 1860 (IPC). The BNS itself was said to be a reformative bill. The BNS included several new provisions. While several different concepts were also introduced, almost everything concerning provisions related to “rape” remained the same. Rape is a heinous offense. It is an unlawful sexual intercourse that’s carried out without the consent of a person. The Bharatiya Nyaya Sanhita describes rape under Section 63 (previously Section 375 of the Indian Penal Code). The punishment for rape is outlined in Section 64 of the BNS (formerly Section 376 of the IPC).
- Section 64 of BNS: The perpetrator would face rigorous imprisonment for a term not less than 10 years, which may extend to life imprisonment, along with a fine. However, the Aparajita Bill modifies this punishment to either rigorous life imprisonment or the death penalty for the perpetrator.[2]
- Section 70 (1) (a) of BNS outlines the punishment for gang rape: Rigorous imprisonment for a term not less than 20 years, which may extend to life imprisonment, and a fine would be imposed on the perpetrator. The Aparajita Bill, however, substitutes this with a punishment of rigorous life imprisonment or the death penalty for those convicted of gang rape.[3]
- Section 124 (a) of BNS addresses the punishment for voluntarily causing grievous hurt by the use of acid, among other means. Under BNS, the punishment is imprisonment for a term not less than 10 years, which may extend to life imprisonment, along with a fine. In contrast, the Aparajita Bill prescribes rigorous imprisonment for life for this offence.[4]
The aforementioned are a few significant sections of the BNS that the Aparajita Bill seeks to reform.
Bharatiya Nagarika Suraksha Sanhita and Aparajita Bill
The Bharatiya Nagarika Suraksha Sanhita, 2023 (BNSS) was implemented in India on July 1st, 2024, replacing the old Code of Criminal Procedure, 1973 (CrPC). The Aparajita Bill has highlighted several significant reforms within the BNSS as well.
- Section 193 of BNSS pertains to the time frame for completing an investigation. Under BNSS, the investigation must be completed within 2 months from the filing of the FIR. However, the Aparajita Bill mandates that this should be accomplished within 21 days. The timeline can be extended if necessary, but not for more than 15 days, and the extension must be authorized by an officer not below the rank of Superintendent of Police.[5]
- Section 346 (1) of BNSS concerns the trial duration for offenses under Section 64, Section 65, Section 66, Section 67, Section 68, Section 70, or Section 71. BNSS sets the trial duration to be two months from the date of filing the chargesheet. In contrast, the Aparajita Bill ensures that the trial would be concluded within 30 days from the date of filing the chargesheet.[6]
The aforementioned are a few significant sections of the BNSS that the Aparajita Bill seeks to reform.
Is the Aparjita bill a step towards a reformed India?
While discussing the new criminal laws replacing the old ones, former Justice Hon’ble J. Chelameshwar emphasized on how the laws “are old wine in new bottles”.[7] He also pointed out in 2017 how laws are perfect but the implementation is what matters truly.[8] While the Aparajita Bill carries strong promises, there is little value in introducing new laws if the implementation within the legal system is not addressed. In a recent assembly session, Mamata Banerjee, the Chief Minister of West Bengal, ironically, remarked, “Rape is a curse against humanity, and social reforms are required to prevent such crimes.”[9]
The 2012 Delhi gang rape and murder, famously known as the Nirbhaya Case, evoked similar reactions from the public. Tougher and stricter laws were enacted, and existing laws were expanded upon. But what happened next? Data from the National Crime Records Bureau (NCRB) shows that in 2012, approximately 25,000 rape cases were reported across India. A decade later, in 2022, 31,000 rape cases were registered.[10] According to a government report released in 2018, on average, one woman is raped every 15 minutes in the country. This serves as a testament that while laws certainly played a part, the bigger picture remains obscured.[11]
Amidst the protests over the RG Kar Medical College case, rape convict and self-proclaimed godman Asaram Bapu was released on parole for 7 days.[12] Recently, it was also reported that Ram Rahim’s parole ban was lifted by the Haryana and Punjab governments.[13] In 2024, it was reported that Ram Rahim was granted parole 7 times in the span of 2 years.[14] In 2024, the Gujarat High Court granted parole to one of the rape convicts in the Bilkis Yakub Rasool vs Union of India case.[15] It seems as if rape convicts spend more time out of jail on parole than they do facing “rigorous punishment.”
Aparajita is derived from Sanskrit, meaning “something that is not defeated.” The word is also closely associated with the Hindu Goddess, Durga. It is deeply disheartening to see the rising crime against women in a country where the term “Devi” is associated with women. While this bill may reflect a strong stance on punishment, our focus must remain on the proper implementation of laws.
Conclusion
While there is no doubt that stricter laws are needed, the foremost necessity is reform and proper implementation. Existing laws could be effective if they were enforced correctly. We have become so desensitized to such horrifying offences that hearing about another crime seems just another day in India. Since the RG Kar Medical College case, several horrifying rape cases have been recorded. We continue to protest and demonstrate, but rape cases persist because we keep deflecting from the core issue: proper action. There is a critical need for effective implementation in the legal system. Convicts of such heinous crimes must be properly punished. As Mamata Banerjee herself stated, only social reforms can truly effect change.
Author(s) Name: Vandna Singh (Kazi Nazrul University, West Bengal)
References:
[1]Shiv Sahay Singh, ‘West Bengal passes Aparajita Women and Child Bill for stringent punishment in cases of sexual assault’ (The Hindu, 4 Sep 2024) <https://www.thehindu.com/news/national/west-bengal/mamata-banerjee-tmc-government-table-anti-rape-bill-state-assembly-sept-3-2024/article68599857.ece> accessed 9 September 2024
[2] Bharatiya Nyaya Sanhita, 2023, s 64
[3] Bharatiya Nyaya Sanhita, 2023, s 70(1)(a)
[4] Bharatiya Nyaya Sanhita, 2023, s 124(a)
[5] Bharatiya Nagarika Suraksha Sanhita, 2023, s 193
[6] Bharatiya Nagarika Suraksha Sanhita, 2023, s 346(1)
[7] Ranjit Bhushan, ‘New criminal laws: Old wine in new bottles says retired SC judge Justice Chelameswar’ (Hindustan Times, 3 Jul 2024) < https://www.hindustantimes.com/india-news/new-criminal-laws-old-wine-in-new-bottles-says-retired-sc-judge-justice-chelameswar-101720009249309.html> accessed 9 September 2024
[8] Sagarkumar Mutha, ‘Laws are perfect, but their implementation imperfect’ (The Times of India, 3 Oct 2017) <https://www.hindustantimes.com/india-news/new-criminal-laws-old-wine-in-new-bottles-says-retired-sc-judge-justice-chelameswar-101720009249309.html> accessed 9 September 2024
[9] Sudeep Lavania ‘Bengal anti-rape bill passed amid Mamata Banerjee vs BJP fireworks in assembly’, (India Today, 3 Sep 2024) <https://www.indiatoday.in/india/story/west-bengal-anti-rape-bill-aparajita-woman-and-child-bill-introduced-mamata-banerjee-bjp-2592722-2024-09-03> accessed 9 September 2024
[10] Reuters, ‘India’s struggles with high rape cases, low conviction rates’, (The Economic Times, 16 Aug, 2024) <https://economictimes.indiatimes.com/news/india/indias-struggles-with-high-rape-cases-low-conviction-rates/articleshow/112569012.cms> accessed 9 September 2024
[11]Reuters, ‘One woman reports a rape every 15 minutes in India’, (AL Jazeera, 10 Jan 2020) <https://www.aljazeera.com/news/2020/1/10/one-woman-reports-a-rape-every-15-minutes-in-india> accessed 9 September 2024
[12] Abhishek De,’ Asaram Bapu, serving life in rape case, gets 7-day parole for treatment’, (India Today, 13 Aug 2024) < https://www.indiatoday.in/law/story/asaram-bapu-parole-rape-case-rajasthan-high-court-medical-treatment-2581622-2024-08-13> accessed 9 September 2024
[13] Nupur Dogra,’ Gurmeet Ram Rahim’s Parole: Why Punjab & Haryana High Court Lifted Ban After 7 Months’, (ABP live, 11 Aug 2024) <https://news.abplive.com/news/india/gurmeet-ram-rahim-s-parole-punjab-haryana-hc-lifts-ban-after-7-months-1709423> accessed 9 September 2024
[14] Sat Singh, ’For the 7th time in two years, Dera Chief Gurmeet Ram Rahim Granted 50-day Parole’, (Times of India, 19 Jan 2024) <https://timesofindia.indiatimes.com/city/gurgaon/for-7th-time-in-2-years-dera-chief-gurmeet-ram-rahim-granted-50-day-parole/articleshow/106984729.cms> accessed 9 September 2024
[15]Bhavya Singh, ‘Bilkis Bano Case: Days After Surrender On Supreme Court Orders, Convict Granted 5-Day Parole Following Father-In-Law’s Death’ (Live law, 12 Feb 2024) <https://www.livelaw.in/high-court/gujarat-high-court/bilkis-bano-case-convict-parole-in-laws-death-gujarat-high-court-249197> accessed 9 September 2024
