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The tragic death of a trainee doctor in Kolkata has sparked widespread protests and calls for stricter laws against sexual violence. In response, the West Bengal government has introduced the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, which seeks to make the death penalty mandatory in cases involving rape and murder. However, this bill has been met with skepticism and criticism, with one prominent legal figure calling it "absolutely useless."
Bikash Ranjan Bhattacharya, the counsel for the family of the murdered doctor, argues that the bill is more focused on confronting the central government than on genuinely addressing the issue of sexual violence. He believes that the bill is a superficial measure and an effort to distract from the core issue of tackling sexual violence. He further claims that the bill's aim is to provide a platform for political opposition against the Centre, as it is unlikely to be approved by the President.
Bhattacharya emphasizes that the bill's focus on a limited time frame for investigation and trial is unrealistic and impractical. He contends that no agency can complete an investigation, conduct a trial, and reach a verdict within the stipulated time. The bill's emphasis on a rushed process raises concerns about the potential for compromising the integrity and fairness of the judicial process.
The Aparajita bill aims to amend several sections of the Bharatiya Nyaya Sanhita (BNS), proposing stricter penalties for various offenses related to sexual violence, including life imprisonment for rape, gang rape, acid attacks, and repeat offenders. While the bill seeks to strengthen the legal framework against sexual violence, critics argue that it falls short of addressing the root causes of the problem.
The bill's focus on the death penalty as the mandatory punishment for rape and murder has also drawn criticism. Some experts believe that the death penalty is not an effective deterrent to crime and can have unintended consequences. They argue that a focus on prevention, rehabilitation, and addressing the social and cultural factors that contribute to sexual violence is crucial. The debate surrounding the Aparajita bill highlights the complexities and challenges in enacting effective legislation to combat sexual violence. The effectiveness of the bill remains to be seen, and its long-term impact on addressing the issue of sexual violence in West Bengal will require careful monitoring and evaluation.