West Bengal Assembly Passes Anti-Rape Bill, Mamata Calls It 'Historic', Announces Task Force

State law minister Moloy Ghatak tabled anti-rape Bill at the special session of the Assembly earlier in the day.

The proposed legislation seeks capital punishment for persons convicted of rape, if their actions kill or leave the victim in a vegetative state. It also stipulates a life sentence without parole for those convicted of rape and gangrape.

BJP leaders, including MLAs Sikha Chatterjee, Agnimitra Paul and Leader of Opposition Suvendu Adhikari are the speakers for the Opposition during the bill discussion.

For the government, CM Mamata Banerjee and Parliamentary Affairs Minister Sobhandeb Chattopadhyay are the speakers.

The legislation named, 'Aparajita Woman and Child (West Bengal Criminal Laws and Amendment) Bill, 2024', aims to strengthen protection for women and children by revising and introducing new provisions related to rape and other sexual offences.

A two-day special session of the Assembly was called for on Monday in the wake of the rape and murder of a postgraduate trainee doctor at the state-run RG Kar Medical College and Hospital.

Meanwhile, Leader of the Opposition Suvendu Adhikari alleged that the special session was called without consulting them, adding that it was a unilateral decision of Chief Minister Mamata Banerjee.

What Mamata Banerjee Said

During her address, Mamata congratulated the passage of the bill and thanked the press for its fight for women's rights. She hailed the anti-rape Bill, terming it to be "model" and "historic".

History repeats itself, she said, while remembering "The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)" adopted in 1979 by the United Nations General Assembly.

Often described as an international bill of rights for women -- the convention -- consisting of a preamble and 30 articles, defines what constitutes discrimination against women and sets an agenda for national action to end such discrimination.

It defines discrimination against women as "...any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field."

Talking about the probe into the rape and murder of a postgraduate trainee doctor at RG Kar Medical College and Hospital, Mamata said, "We want justice from CBI, death by hanging of the guilty."

She also urged the Opposition to ask Governor CV Ananda Bose to sign the Bill, saying that is "our responsibility to enact it after that".

The CM termed rape to be a "curse against humanity", adding that social reforms are needed to stop such crimes. Through the Bill, Mamata said that they have tried to plug the loopholes that exist in the central legislation.

Bengal was not consulted before passing Bharatiya Nyay Sanhita (BNS), Mamata said, "we wanted to discussions on it after new government formation".

She said that there have been abnormally high crime rates against women in states like Uttar Pradesh, Gujarat, adding that tortured women in Bengal get justice in court.

As ruckus erupted in the Assembly from the opposition's side, Mamata asked, "What if I raise slogans against Prime Minister, Home Minister for the same reasons you are raising slogans against me?"

She reiterated the goal of the Anti-Rape Bill, saying that it aims at quick investigation, fast delivery of justice and enhanced punishment for offenders.

"Once this Bill is passed, we will form special Aparajita Task Force from among the police to ensure time-bound completion of probe," the CM said.

She hit out at the Centre and said in the Assembly, "Demand resignation of Prime Minister, Home Minister and Chief Ministers of states that have not been able to implement effective legislations to safeguard women."

What LoP Suvendu Adhikari Said

While asserting that the Opposition will give full support to the new bill and it will not seek any voting on it, the BJP leader said that TMC government moved the anti-rape Bill to divert the attention from public anger and protests over the doctor's rape and murder at the state-run hospital.

He alleged that the Mamata Banerjee government failed to prevent incidents of rape and sexual abuse of women during its tenure. He demanded that the state government immediately enact the bill after its passage in the Assembly.

Citing reports of sexual abuses and rapes in different parts of the state in last couple of years, Adhikari alleged that in none of these cases, CBI had taken over investigations of these incidents and the state investigating agencies had "failed" to arrest and ensure stringent punishment for the accused.

"We also want immediate enactment of the Bill after its passage. I demand the amendments suggested by me including taking action against the concerned police station for any failure to act on the complaint, my recommendations for taking action against the health official concerned if his failure is established in investigation should also be incorporated in the bill," he said.

Later, Speaker Biman Bandyopadhyay said that Adhikari's reference to past incidents from media reports and BJP's other demand regarding to the CM will be expunged from the House records.

"The chief minister failed to ensure the safety of a doctor at a state-run hospital last month as her government failed to bring to justice the culprits in past incidents," Adhikari said.

Adhikari also read out certain amendments to the proposed legislation, demanding strictest punishment for police station concerned if it failed to lodge any FIR of the victims or kins, strictest punishment for health officials concerned for failure to conduct statutory medical tests or post-mortem and for destroying evidence.

Though these were not put to vote due to legal technicalities, CM Mamata Banerjee said that the state will ask legal experts to examine the recommendations.

Last week, during a rally in Kolkata, Banerjee had said that if the TMC government in state had the power, they would have ensured capital punishment for the accused within seven days.

"Next week, we will call an Assembly session and pass a Bill within 10 days to ensure capital punishment for rapists. We will send this Bill to the Governor. If he doesn't pass, we will sit outside Raj Bhavan. This Bill must be passed and he cannot evade accountability this time," the CM had said.