Anti-Rape Bill Passed In Bengal Assembly, Going offensive -West Bengal Chief Minister Mamata Banerjee

3rd September 2024

The West Bengal assembly on Tuesday (September 3) unanimously passed the state anti-rape Bill after the opposition lend full support to it. But, this did not come without its share of protests as the BJP created a ruckus after its suggested amendments were not accepted.

The proposed amendments to the Bill were moved by Leader of Opposition Suvendu Adhikari, who attacked the TMC government of introducing an “eyewash” legislation to divert attention from the unrest caused by a trainee doctor’s rape and murder at Kolkata’s RG Kar hospital.

Titled the ‘Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024’, it seeks capital punishment for persons convicted of rape if their actions result in the victim’s death or leave her in a vegetative state. Additionally, it stipulates a life sentence without parole for those convicted of rape.

The legislation also aims to strengthen protection for women and children by revising and introducing new provisions related to rape and sexual offences. A two-day special session of the assembly was summoned on Monday (September 2) in wake of the woman doctor’s death, which sparked nationwide outrage.

Here are the latest updates:

‘Historic, I’m emotionally moved’: Mamata Banerjee on introduction of anti-rape Bill

West Bengal Chief Minister Mamata Banerjee said she was “emotionally moved” as the TMC government tabled the proposed anti-rape legislation with stringent provisions in the state legislative assembly. Calling it “historic and model”, she said she is happy that it was placed on September 3 as the UN also came up with the women discrimination committee on this day in 1981.

“This is a model and historic Bill, I support this. This assembly and others who are outside, am thanking all. This is a Bill to protect women and as I say this I am emotionally moved. September 3 is a historic day. The United Nations came up with the women discrimination committee on this day and I am happy that we have placed it today. It will take time. My condolences for the family,” she said during her speech, adding that the state government is proposing a stringent law as rapists should get strict punishment.

 ‘Won’t take gyan from you, you’ve to listen to what I say’

Going on the offensive, West Bengal Chief Minister Mamata Banerjee said while the BJP was attacking her government, it has never mentioned any of the rape cases in other parts of India. She challenged the opposition to tell the governor to sign on the Bill if it wants quick implementation and results.

The saffron party broke out into a protest as Banerjee listed out rape cases in Unnao, Hathras and Bulandshahr. “You did not speak about Unnao. In 2020, what happened in Hathras? They did not get justice. In UP, a nine-year-old child was raped, in Bulandshahr a six-year-old was raped,” she said.

Countering the BJP’s allegations on the state government failing to use Nirbhaya funds, the chief minister said the state is ranked third when it comes to the number of fast-track courts in India. “Earlier, the Centre gave funds to set up for fast-track courts. We have 88 such courts, of which 52 are for women. We have 3.92 lakh cases running while 3.11 lakh cases are disposed of,” she claimed.

Banerjee further accused the opposition of spreading misinformation and fake news, and urged everyone to be united over the new anti-rape legislation. “Raja Ram Mohan Roy passed the law against the practice of sati. Bengal has done a lot of reform…With folded hands I am requesting you all to listen. There are three significant points about this law — fast investigation, conviction, and stringent punishment. For rape and gangrape, the BNS (Bharatiya Nyaya Sanhita) says 10 to 20 years in jail and, in some cases, life imprisonment. We have made this life and, if necessary, death. If the victim dies, then we have proposed capital punishment. We have also mentioned compensation,” she said.

The CM also spoke about the how the state has already taken steps to ensure safety in hospitals and other medical institutions – better CCTV coverage, rest rooms for women doctors, proper lighting in medical institutions, fewer duty hours for women among others.

Tensions erupt as BJP demands CM’s resignation, Adhikari says ‘BNS has everything’

After state law minister Moloy Ghatak tabled the Bill, tension erupted in the assembly as the BJP attacked the ruling TMC with slogans of ‘Dafa Ek, Dabi Ek, Mukhyamantri Padatyag’ (demanding the resignation of Chief Minister Mamata Banerjee) reverberating in the House. Leader of the Opposition Suvendu Adhikari, however, made it clear that his party supported the Bill but wants quick implementation and results from the government.

“It’s a very important Bill, we fully support it. A meaningful and sensitive Bill needs a lot of things. All the procedure has been followed for this Bill or not, the government has to look into that. We will wait till this bill is transformed into a rule and be applicable. You have hurriedly brought it in; we could have raised questions but we need implementation of the law immediately. We want results. We will not go into any division, but we want this law to be implemented immediately. You have to give that guarantee. There is public anger. We want justice, justice for RG Kar. But, you only want to divert this,” he said.

He pointed out that doctors were protesting near the Kolkata Police headquarters at Lalbazar, demanding the resignation of top cop Vineet Kumar Goyal. “Doctors are sitting on the road the whole night. Kolkata CP has to resign or he could have come and listened to their demands. Why so much ego?” he asked.

Adhikari further said provision for capital punishment is very much there and, the BNS, which replaced the Indian Penal Code a few months ago, already has everything. He said this anti-rape Bill is nothing but “sarkar bachao” move and questioned why the state government did not focus on prevention of such crimes through proper use of Nirbhaya funds. He said the opposition supports the Bill, but has listed seven amendments that the government must consider.

‘Anti-rape’ bill tabled in Bengal assembly

West Bengal law minister Moloy Ghatak on Tuesday (September 3) tabled the Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024, following which the BJP was the first to speak at the state assembly special session.

The two-day special session of the assembly has been summoned in wake of the rape-murder of a woman doctor at the state-run RG Kar Medical College and Hospital last month. Referring to the Bharatiya Nyaya Sanhita (BNS), BJP MLA Shikha Chatterjee started speaking in the assembly. She said a large number of rapes happen in the state but no action is taken. She cited the torture of an Adivasi woman in Cooch Behar and the rape of a woman in Rajganj.

Chatterjee further spoke about the RG Kar case, in which the authorities tried to mislead the victim’s parents. “They can apply section of BNSS (Bharatiya Nagarik Suraksha Sanhita). Her body was not shown properly to parents but was cremated,” she said.

After her, parliamentary affairs minister Sobhandeb Chattopadhyay said: “The BNS does not mention time limit (in these cases), but this Bill does. RG Kar case is heart wrenching; it has us and our condolences are with the family. We have every right to bring this bill.”

He said according to the concurrent list, the state has the right to bring this bill. “You all (BJP) are not opposing it, which is good,” he added.

‘Time to discard the nari birodhis’

Ahead of the “anti-rape” Bill being tabled in the West Bengal legislative assembly, the Trinamool Congress said it is time to “discard the nari birodhis”. The party said there are only two sides in the fight for justice — “ones who want to hang the rapists” and “ones who greet them with garlands”.

“There are only two sides in this fight for justice: – Ones who want to hang the rapists – Ones who greet them with garlands Time to discard the Nari-Birodhis!” the TMC said on its official X handle.

Junior doctors continue sit-in demanding Kolkata top cop’s resignation

Junior doctors stayed put and continued their protest near Lalbazar — the Kolkata Police headquarters — demanding the resignation of city police commissioner Vineet Kumar Goyal. They took out a rally last night (September 2) after they were stopped from marching further.

The protesters, who have been seeking justice in the alleged rape and murder of a trainee doctor at RG Kar Medical College and Hospital, wanted to move forward but were stopped. Joint police commissioner (traffic) Rupesh Kumar met the doctors and told them that a delegation of 20 representatives can be allowed to meet the commissioner or any other senior officer, but they refused and decided to stay at the protest site and continue their agitation.

Former ASG writes to CJI ahead of RG Kar case hearing

Former ASG and senior advocate Pinky Anand wrote to Chief Justice of India DY Chandrachud and gave suggestions to strengthen system in dealing effectively with cases of crime against

Here are the recommendations:

• Use of sexual assault evidence collection (SAEC) kits:These kits are designed to collect forensic evidence from a victim following a pre-decided and checklist system. It includes swabs, bags, forms and other paraphernalia necessary to collect hair, body fluids and other such evidence that can be used for forensic examination at a later stage
• Sexual assault nurse examiner (SANE):These examiners are specially licensed nurses trained inter alia in recovering evidence from the victim, assisting in after-attack treatment, early-contact psychological support, forensic examination and photography, providing expert testimony in courts. SANE nurses undergo training in gender sensitisation and unconscious bias that impact medical treatment and outcomes at hospitals
• Rape crisis centres (RCC):Centres offering medical, legal, financial assistance for victims should be established in every city and within a specific range of towns and villages. They act as an institutional safe house for victims to approach for holistic assistance inter alia medical, psychological, legal, financial and other such state programs available to the victim
• Protocol for first responders and other officers:The national task force should examine the forms in which evidence is collected, handled and stored and shall prepare an SOP to the effect of securing the evidence. The protocol should include guidelines as to action to be taken before the victim’s last rites and the process for post-mortem, including the rules binding it
• Victim bill of rights:The national task force should examine and prepare a draft bill of rights that protects the the interests of the victim at every stage of the investigation.