Amnesty International has voiced strong opposition to the newly enacted Aprajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, introduced by West Bengal. This legislation, passed unanimously by the state’s Legislative Assembly on September 3, 2024, mandates the death penalty for rape cases resulting in the victim’s death or leaving them in a vegetative state.
The implementation of this bill comes on the heels of the rape and murder of a trainee doctor at R.G. Kar Medical College and Hospital in Kolkata on August 9, 2024, which sparked significant public outcry and nationwide protests. The West Bengal government sought to respond to the surge of public anger by imposing stricter penalties and expediting the justice process for sexual offences.
The legislation amends the existing Bharatiya Nyaya Sanhita (BNS), 2023, and other related laws, introducing the death penalty for grievous cases of rape. Additionally, the bill stipulates that investigations must be concluded within 21 days, with trials to be completed within 30 days, significantly reducing the timeline compared to the BNS’s two-month period for trials.
Despite broad political support from both the ruling Trinamool Congress party and the opposition Bharatiya Janata Party (BJP), human rights organizations like Amnesty International have raised alarms about the new law. According to Amnesty International, the death penalty is not the solution to preventing violence against women, and systemic reforms are needed instead.
Aakar Patel, Chair of the Board at Amnesty International, emphasized that neither the Justice Verma Committee, which was established to reform India’s laws on sexual violence in 2012, nor the Law Commission of India, have supported capital punishment for such crimes. Amnesty International continues to advocate for deep procedural and institutional changes to address the root causes of sexual violence instead of imposing harsher penalties.
Moreover, the organization reiterated its stance that the death penalty is a violation of the right to life recognized by the Universal Declaration of Human Rights. They called on the Central Bureau of Investigation (CBI) to conduct a thorough investigation into the Kolkata case while avoiding recourse to the death penalty.
For further details on the recent developments, refer to the original article here.