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The state of West Bengal is taking a hardline stance against rape with a new bill that proposes to punish all rape cases, even if the victim survives, with either life imprisonment or the death penalty. This proposed legislation aims to address the escalating issue of sexual violence in the state by creating a stricter legal framework with more severe punishments and a faster judicial process. The bill, which will be presented to the West Bengal Assembly on Monday, also includes provisions for a time-bound trial and hefty fines for those convicted of rape.
One of the key aspects of the bill is the introduction of the "imprisonment for the remainder of natural life" clause alongside the death penalty for all rape cases. This approach is a departure from similar bills passed in other states, such as the Andhra Pradesh Disha Bill, 2019, and the Maharashtra Shakti Bill, 2020, which only mandated the death penalty for all rape and gang-rape cases. The Bengal bill aims to avoid the fate of these previous bills, which are yet to receive Presidential assent due to potential legal challenges based on the Supreme Court's rulings regarding the mandatory death penalty.
The Supreme Court in the 1983 Mithu versus State of Punjab case struck down IPC Section 303, which mandated the death penalty for life convicts who commit murder. The Court argued that the mandatory death penalty violated the fundamental right to equality before the law (Article 14 of the Constitution) and the right to life (Article 21), as it prevented courts from exercising their discretion. This, according to the Court, would lead to an “unfair, unjust and unreasonable procedure” that could deprive individuals of their life. The Bengal bill appears to have taken these legal precedents into account by proposing both the death penalty and life imprisonment as possible punishments, allowing for judicial discretion in sentencing.
The bill also includes provisions for enhanced compensation or fines to be collected from the guilty party. In cases of rape-murder, the bill proposes only the death penalty and a hefty fine to be collected from the perpetrator's family. The bill's emphasis on swift justice is reflected in the proposal for a shorter fixed period for investigation and trial. This aims to streamline the legal process and deliver faster justice for survivors of sexual violence. The bill also proposes to consult with various stakeholders, including legal experts, victim support groups, and other concerned parties, to ensure the comprehensive and effective implementation of the proposed legislation.
The proposed bill highlights the growing concern over rising sexual violence and the demand for stronger legal measures to address it. However, it is crucial to consider the potential implications of such stringent legislation and ensure that it does not inadvertently lead to miscarriages of justice. The debate surrounding the bill will likely revolve around the balance between ensuring justice for victims and upholding the fundamental right to a fair trial. The legal community will be closely watching the passage and implementation of this bill, as it could set a precedent for other states seeking to implement stricter measures against sexual violence.
Source: Bengal's new bill seeks death or life in jail till death in rape cases