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HomeIndiaBengal Governor sends Aparajita Bill to President: Governor says - Bill has many flaws,...

Bengal Governor sends Aparajita Bill to President: Governor says – Bill has many flaws, Mamata govt not to act in haste

West Bengal Governor Anand Bose has sent the Aparajita Bill passed by the Bengal Assembly for President's assent. He gave this information on social media platform X. The governor said- there were many defects in the bill. Earlier the technical report sent along with the bill was not provided. After my objection, the Chief Secretary submitted the technical report, but the text of the discussion and its translation are still not sent to the Assembly. Mamata government should not rush. He should repent in peace. In fact, after the rape-murder of a trainee doctor at RG Kar Hospital in Kolkata on August 9, questions are being raised about the safety of women in the state government. The Mamata government introduced the anti-rape bill in the West Bengal Legislative Assembly on September 3. Under this, the police will have to complete the investigation of the rape case within 21 days. After passing the assembly, the bill was sent to the governor. Citing several flaws in the bill, the Governor sent it to the President. This bill will become a law only after receiving the President's assent. 3 charges against Bengal Governor Mamata Governor stops 8 bills Governor says – Aparajita bill is copy paste of Andhra-Maharashtra bill On September 5, Bose said on rape-murder case – FIR should be filed against those who did wrong. They should be punished. Today there is law in Bengal, but it is not being followed properly. Some people are being given protection under the law. Part of the police is corrupt, part criminalized and part politicized. The victim's parents have told me some things that are heart-wrenching. They want justice. The entire Bengali society wants justice. Justice should be served. The attitude of the Bengal government is getting worse. This is the place where people have actively participated in social movements. I am convinced that the voice of the people is the voice of God. People want action, no excuses should be made for action. 10 Questions and Answers about the Bill… 1. What is the name of the bill and its purpose? Answer: The Government of Bengal has named this bill as Aparajita Mahila and Child Bill 2024. It aims to improve the protection of women and children in cases of rape and sexual exploitation by amending the West Bengal Criminal Law and Amendment Bill. 2. When will a criminal be sentenced to death? Answer: If the victim dies or goes into a coma after the rape, then the rapist should be punished with death. 3. If the rapist is sentenced to life imprisonment, what will be the prison sentence? Answer: The bill says that gang rape convicts should be sentenced to life imprisonment. This should put him in jail for life. He should also not be granted parole during this period. Under current law, the minimum sentence is 14 years to life imprisonment. After being sentenced to life imprisonment, the sentence may be commuted or parole may be granted. The sentence can also be reduced, but you will have to spend 14 years in prison. 4. Which sections have been changed in the Bill? Answer: The draft bill proposes changes in sections 64, 66, 70(1), 71, 72(1), 73, 124(1) and 124(2) of the Indian Judiciary Code. Which mainly includes cases of rape, rape and murder, gangrape, persistent crime, identity of victim exposed, acid attack. Sections 65 (1), 65 (2) and 70 (2) are proposed to be deleted. In which criminals under 12, 16 and 18 years of age are punished. 5. What is in the bill on investigation of rape-murder and gang-rape? Answer: According to the draft bill, investigation in rape cases should be completed within 21 days. The inquiry may be extended up to 15 days, but it will be conducted only by the Superintendent of Police and officers of equivalent rank, before which they have to state the reason in writing in the case diary. 6. Is there any provision for habitual offenders? Answer: The bill also provides for life imprisonment for such criminals. In this, the criminal has to stay in jail till his life is completed. Apart from this, a fine will also be levied. 7. Will a special team be formed for rape and murder cases? Answer: As per the draft bill, it is proposed to create a special task force at the district level, which will be called Aparajita Task Force. Which will be led by DSP. This task force will be responsible for investigating cases under the new provisions. 8. What changes are proposed to ensure speedy justice to victims? Answer: The bill says that special courts and special investigation teams will be formed. They will be provided with necessary resources and experts, who will handle cases related to child rape and sexual exploitation. Their job will be to conduct speedy investigations, deliver speedy justice and minimize trauma to the victim. 9. Any new rules for media reporting of rape cases? Answer: Yes, permission must be obtained before printing or publishing court proceedings. Failure to do so carries a fine of 3 to 5 years imprisonment. 10. Why would the President be sent to pass the Bill after the Governor? Answer: The criminal law comes under the concurrent list, so it will require the assent of the Governor and then the President. The Concurrent List given in the Seventh Schedule to the Constitution of India includes subjects over which both the Central and State Governments have powers. Both the Central and State Governments can make laws on the subjects included in the Concurrent List, but in case of conflict between the laws of the two, the law of the Central Government shall prevail. A total of 52 subjects are included in the concurrent list.

Image Credit: (Divya-Bhaskar): Images/graphics belong to (Divya-Bhaskar).

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