By 
21-10-2024
Stella Liantsi
South and East Asia Researcher,
Global Human Rights Defence.
The Aprajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, a law recently approved by the Indian state of West Bengal imposes the death penalty for rape cases in which the victim dies or is rendered vegetative.
On September 3rd, 2024, the West Bengal Legislative Assembly passed the law unanimously with the support of the Bharatiya Janata Party and the state-ruling Trinamool Congress party. The enactment of the new law follows the rape and murder of a doctor trainee at the RG Kar Medical College and hospital in Kolkata, the capital city of the state of West Bengal, on August 9th, 2024. The hideous crime set off a wave of protests and long-term strikes from doctors throughout the country, emphasising the country’s pervasive problem of gender violence. On August 13th, citing a lack of substantial progress and the potential for evidence destruction, the Kolkata High Court shifted the case’s investigation from the police to the Central Bureau of Investigation (CBI). The victim’s family and other parties filed several petitions expressing their dissatisfaction with the state police’s handling of the case and the Court also pointed out the hospital administration’s grave mistakes and its lack of support for the victim’s family.
In reaction to the public outrage, the West Bengal government presented the new law intending to enforce harsher punishments for sexual offences and accelerate the justice process. In an effort to achieve quicker justice, the law also significantly reduces the time frame for processing sexual offences. Instead of allowing for a two-month period, the investigation must be finished within 21 days and the trials must be completed within 30 days.
Although the West Bengal government regards the Aprajita Bill as a “historic and model” law, severe concerns have been raised by human rights organisations such as Amnesty International. Aakar Patel, Char of Board at Amnesty International said “The authorities must deliver justice and accountability for the horrific rape and murder of the women doctor at the RG Kar Medical College and Hospital in Kolkata in August. However, the death penalty is never the solution nor would it offer a ‘quick fix’ to prevent violence against women”. The organisation also noted that there is no evidence to confirm that the death penalty has a deterrent effect. Rather, it suggested that far-reaching procedural and institutional reform will allow the country to deal with the root causes in the long term. Suggested reforms include police training, preventative measures and addressing how reports of sexual violence are registered and investigated. Both the Justice Verma Committee, which was established in 2012 to review the laws and procedures pertaining to crimes of sexual assault and rape in India, and the Law Commission of India expressed opposition to the death sentence.
Amnesty International clearly states that it considers the death penalty to be a violation of the right to life as recognised in the Universal Declaration of Human Rights, reiterating that it is the ultimate form of cruel, inhuman and degrading punishment.
Sources and further readings:
SARKAR, D. (2024, September 3). India: Death penalty never the solution to crime and violence against women India: Death penalty never the solution to crime and violence against women. Amnesty International. Retrieved November 19, 2024, from https://www.amnesty.org/en/latest/news/2024/09/india-death-penalty-never-the-solution-to-crime-and-violence-against-women/
Singh, N. (2024, September 4). Amnesty International condemns new India state law allowing death penalty for rape offences. Jurist.org. Retrieved November 19, 2024, from https://www.jurist.org/news/2024/09/amnesty-international-condemns-new-india-state-law-allowing-death-penalty-for-rape-offences/
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