The misplaced emphasis on enacting newer, draconian amendments to criminal law needs to be replaced with concrete, long-term measures and concerted government effort at the ground level. https://thewire.in/law/aparajita-bill-a-populist-move-devoid-of-due-diligence 

In wake of the brutal rape and murder of a young doctor in R.G.Kar medical college and hospital in Kolkata last month and the public outrage and protests that followed, West Bengal’s legislative assembly on September 2, passed the ‘Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024.’

These amendments aim to enhance punishment for convicts and provide expeditious investigation and speedy trial for violence against women and children, including by establishing special courts. 

The Aparajita Bill has neither focussed on prevention, nor on protection and prosecution in a constructive manner. Merely increasing punishments and introducing provisions for fines to be paid to the victim does not fulfil the state’s responsibilities regarding punishment and reparations. Most importantly, it is imperative that the West Bengal government addresses the root causes of sexual violence against women and children. The bill in its current form merely pays lip service to the cause of justice for sexual violence.

by Saumya Uma and Dhruv Madan

10/09/2024

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