India's West Bengal state passes law seeking death penalty for rape
Law raises punishment for rape from sentence of 10 yrs to either life term or execution
KOLKATA: An Indian state, shaken by weeks of protests demanding justice after the rape and murder of a doctor, passed a law on Tuesday that could lead to the execution of rapists.
Protests erupted in West Bengal after the discovery of a 31-year-old doctor’s bloodied body at a state-run hospital in the local capital Kolkata on August 9.
The law, passed by the state assembly but yet to be approved by the president, expresses outrage at the chronic issue of violence against women.
The new West Bengal law is largely symbolic because India’s criminal code applies uniformly across the country.
However, presidential approval could make an exception and see it become state law.
The law raises punishment for rape from the current sentences of at least 10 years to either life imprisonment or execution.
The doctor’s murder sparked strikes by medics and rallies backed by thousands of ordinary citizens across India, although many doctors have since returned to work.
Protests in West Bengal have since transformed into clashes between rival political party loyalists, including the ruling All India Trinamool Congress (AITC) and Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP).
The Hindu-nationalist BJP holds power nationally but sits in opposition in West Bengal. It and the AITC both backed the new state law.
The gruesome nature of the attack has invoked comparisons with the horrific 2012 gang rape and murder of a young woman on a bus in the capital Delhi.
The 2012 incident became a major political issue and was seen as one factor in the BJP’s subsequent success in elections.
Death penalties in India are often stalled by years of appeals. Executions are usually carried out by hanging.
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, according to NDTV.
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.