IN a dramatic response to the public outcry following the recent rape and murder of a young doctor in Kolkata, the West Bengal Assembly has passed the Aparajita Anti-Rape Bill, which mandates the death penalty for rapists if the victim dies or is left in a vegetative state. The swift passage of this Bill comes amid protests from the public, demanding justice and accountability from the Mamata Banerjee-led government. The Bill seeks to reassure citizens of the state’s commitment to protecting women.
However, it has sparked a debate about whether such measures are merely a politically motivated reaction to silence the growing unrest. Party leaders continue to face a public backlash. Comments comparing protesting doctors to ‘butchers’ have only intensified public ire, further alienating the government from those it seeks to placate. Also, the fact that the new Bill is in conflict with the Centre’s Bharatiya Nyaya Sanhita, which does not prescribe capital punishment for rape, creates a legal conundrum. Andhra Pradesh and Maharashtra have struggled to secure the presidential assent on similar Bills. Plus, even as the death penalty has not proved effective as a deterrent, the irreversible nature of such a punishment raises human rights concerns.
The passing of the Aparajita Bill is a desperate move by the TMC government, aiming to restore public faith and regain control over the narrative. Whether this legislation will bring the desired change or simply add to the long list of unimplemented laws remains to be seen. As the Bill awaits approval by the Governor and President, the broader question of its efficacy and ethical implications looms large. The state would do well to focus on improving the investigative and judicial processes, ensuring a swift and fair trial and addressing the systemic issues that lead to such heinous crimes.