Mamata Banerjee's govt passes Aparajita Bill laying death penalty for rape convicts

These amendments are aimed at making punishment more stringent in cases of rape and child abuse.

The Bill seeks to amend several sections in the newly introduced Bharatiya Nyaya Sanhita (BNS). Section 64 in Bharatiya Nyaya Sanhita states that a rape convict will face rigorous imprisonment of not less than 10 years extending to life term.

The Bengal legislation tweaks this Section to increase the jail term to the "remainder of that person's natural life and fine, or with death". It also adds that this fine shall be fair and reasonable to meet the medical expenses and rehabilitation costs of the victim.

The Aparajita Bill also seeks to amend Section 66 of BNS, which lays down penalties for a convict if rape leads to the victim's death or causes her to be in a "vegetative state". While the Centre legislation states a punishment of a 20-year jail term, life imprisonment, and death for such a crime, the Bengal Bill says the convict should get only the death penalty.

Amending Section 70 of BNS, which deals with the penalty in cases of gangrape, the Bengal legislation has removed the option of a 20-year jail term and laid down provisions of life term and death for those convicted of such crimes.

The Bengal legislation also toughens the penalty in cases related to revealing the identity of a victim of sexual violence. While the BNS provides a jail term of up to two years in such cases, the Aparajita Bill provides imprisonment between three and five years.

The Bengal legislation also toughens the punishments in child abuse cases as laid down by the Protection of Children from Sexual Offences (POCSO) Act.

Besides toughening penalties, the Bengal legislation includes provisions for setting up special courts to hear sexual violence cases and task forces to probe them.

Although the TMC government-led legislation cleared the Bengal House comfortably with the support of both the ruling party and the Opposition, it will need both the Governor's and the President's assent before it can come into force.

Criminal Law comes in the concurrent list. This means that a law passed by a state Assembly can be implemented even if it is at odds with a law passed by Parliament, provided it has the President's assent.

However, the President acts on the advice of ministers, and it is the Centre that will decide on whether this Bill becomes an Act. The Trinamool is a key rival of the BJP, which is in power at the Centre, and therefore, the Aparajita Bill is unlikely to get the nod.

Earlier, the Andhra Pradesh Assembly and the Maharashtra Assembly had passed Bills mandating the death penalty in rape and gangrape cases. None of them have received Presidential assent so far.