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State Changes In Rape Law
Context:
Amid protests over the rape and murder of a young doctor in Kolkata, West Bengal’s Assembly passed a Bill mandating the death penalty for rape cases resulting in the victim’s death or permanent vegetative state.
Overview of the Aparajita Woman and Child Bill, 2024 (West Bengal):
- Introduction of Death Penalty: The Bill mandates the death penalty for rape cases where the victim dies or is left in a vegetative state.
- Amendments to National Laws: It amends provisions of the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nyaya Suraksha Sanhita (BNSS), and Protection of Children from Sexual Offences (POCSO) Act to include harsher punishments.
- Special Courts & Task Force: Special courts will handle rape cases with trials to be completed in 30 days, and a special task force will expedite rape investigations.
- Faster Investigations: Investigation timelines have been reduced to 21 days.
- Victim Identity Protection: Penalties are introduced for disclosing victim identities or tampering with evidence.
Similar Bills Passed by Other States:
- Andhra Pradesh: Disha Bills: Introduces the death penalty for rape, gang rape, and repeat offenders.
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- Special courts and teams are established for speedy trials and investigations.
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- Maharashtra: Shakti Bill: Introduces the death penalty for rape and acid attacks, imposes penalties on social media platforms for not cooperating with law enforcement.
Other Provisions of the Aparajita Bill:
- Acid Attack Punishments: Life imprisonment for acid attacks replaces lighter penalties.
- Repeat Offenders: Introduces rigorous life imprisonment for repeat rape offenders.
- Death Penalty for POCSO: Expands the death penalty to penetrative sexual assault under the POCSO Act.
- Faster Justice: Special courts for rape cases aim for speedy justice, with investigation completion mandated in 21 days.
Legal Background: Can States Amend National Laws?
- Article 254(2): Allows states to pass laws contradicting national laws on concurrent list subjects with presidential assent.
- President’s Approval: Presidential approval, based on the central government’s advice, is required for these laws to be enforced within the state.
Rape Laws and Criminal Amendments in India:
- Indian Penal Code (IPC): Section 375 defines rape with or without consent under specific circumstances, including rape of minors.
- Criminal Law (Amendment) Act, 2013: Increased minimum sentences for rape and allows juveniles aged 16-18 to be tried as adults for heinous crimes.
- POCSO Act, 2012: Protects children from sexual abuse and exploitation, with strict punishments, including life imprisonment for offenders.
Broader Issues on Sexual Violence in India:
- Endemic of Rape: India has seen a rise in sexual violence, with 31,677 cases of rape registered in 2021. Rape cases continue to increase year-on-year.
- National Crime Records Bureau (NCRB) Statistics: Rajasthan leads in rape cases, followed by Madhya Pradesh, Maharashtra, and Uttar Pradesh.
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- Crime against women remains prevalent, with cruelty by husband/relatives and kidnapping being the most common.
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Challenges with State Laws:
- Legal Discrepancies: Varying degrees of punishment across states could fragment the criminal justice system.
- Debate on Death Penalty: Human rights organisations and the UN oppose the death penalty, leading to concerns about international scrutiny.
Way Forward:
- Uniform Implementation: States need to secure presidential assent for uniform enforcement of these laws.
- Balancing Punishments and Rehabilitation: Harsher penalties should be complemented by rehabilitation programs for convicts.
- Improving Judicial Infrastructure: Adequate infrastructure, including more judges and specialised courts, is necessary for swift justice.
- Victim Support Systems: Comprehensive support for survivors, including psychological counselling, medical care, and legal aid, must be prioritised.
- Public Awareness Campaigns: Gender sensitivity education, self-defense programs, and public awareness efforts are essential to prevent sexual violence.
- Collaboration Between States and Center: Harmonisation of state and central laws is critical to ensure effective legal frameworks against gender-based violence.
