Shafaqna India: Following the rape and murder of a junior doctor in a Kolkata hospital, which triggered widespread protests, the West Bengal Assembly has unanimously approved a bill mandating life imprisonment for convicted rapists and the death penalty for rape resulting in the victim’s death or a vegetative state.
The Aparajita Woman and Child Bill will also introduce several other measures, including a special task force led by a female officer to expedite rape investigations, dedicated fast-track courts, penalties for delays in investigations, and a 21-day deadline—with a possible 15-day extension—for issuing verdicts.
The bill now awaits the governor’s signature to become law. It was prompted by the August 9 death of a trainee doctor at R.G. Kar Medical College, whose body, showing signs of rape and strangulation, was found in a seminar room. This tragedy spurred massive protests demanding justice. Sanjay Roy, the suspect in custody, maintains his innocence and claims he is being framed.
The bill is viewed by many as a significant step toward justice, with even opposition BJP party members supporting it. Sujata, a 55-year-old protester who chose not to disclose her last name, endorsed the bill, emphasizing the need for deterrence through visible examples.
However, some critics argue that the bill is a reactionary measure that fails to address the root causes of rape. Piya Chakraborty, a mental health rights activist, advocates for systemic reforms to tackle rape culture and victim-blaming. Jhuma Sen, a lawyer at the Calcutta High Court and Supreme Court, contends that the bill’s mandatory death penalty provisions are unconstitutional, as Indian law generally prohibits mandatory minimum punishments.
Opponents of the death penalty argue that it does not effectively deter crime and risks condemning innocent people. Maitreyi Misra, director of death penalty mitigation at Project 39A, highlighted that 95% of death row cases in India between 2000 and 2015 ended in acquittals or commutations due to flawed investigations and inadequate legal representation.
At a recent rally, activists, including Chakraborty, voiced their concerns, condemning the bill and calling for more transparent investigations and justice. “Justice cannot be reduced to revenge,” she stated.