Kolkata doctor rape case: On Tuesday, the West Bengal Assembly unanimously passed the Aparajita Anti-Rape Bill, which proposes capital punishment for rapists if the victim is found dead or in a vegetative state. This legislative step now awaits the assent of the Governor of West Bengal and the President of India to become law.
The Constitution of India does not mandate a specific time frame, or an obligation for the President or Governor to approve such bills. Given that criminal law falls under the Concurrent List, the Aparajita Anti-Rape Bill requires approval first from the Bengal Governor and then from the President of India to be enacted.
Anti-Rape Bills Awaiting President’s Assent
Before the West Bengal Assembly passed the Aparijita Anti-Rape Bill, with Opposition BJP’s support, the Uddhav Thackeray-led Maha Vikas Aghadi (MVA) had passed the Maharashtra Shakti Bill in 2020.
In 2019, Andhra Pradesh Criminal Law Bill was introduced by the YSR Congress Party (YSRCP)-led by YS Jagan Mohan Reddy, provisioning death sentences for rape and gang rape offences.
Neither of the Bills have got presidential assent till date.
Andhra Pradesh Disha Bill, 2019: Proposed Provisions
Following the rape and murder of a 26-year-old veterinarian in Hyderabad, Andhra Pradesh became the first state to introduce a Bill mandating capital punishment for certain offenses against women and expediting trials to within 21 days. The bill includes the following provisions:
• The bill provides for the death penalty for rape and gang rape cases where there is sufficient evidence.
• The bill provides for life imprisonment for other sexual offenses against children.
• The bill provides for the establishment of special courts to try cases against women and children.
• The bill provides for the establishment of an electronic registry to keep track of women and children offenders.
• The bill provides for expedited trials, with investigations completed in seven days and trials completed in 14 working days.
• The bill provides that appeals against sentences must be disposed of within six months.
Maharashtra Shakti Bill, 2020: Proposed Provisions
The Uddhav Thackeray helmed Maharashtra Assembly had in December 2021 unanimously cleared the (Maharashtra Amendment) Bill, 2020, on crimes against women and children. The Shakti Criminal Laws (Maharashtra Amendment) Bill of 2020 was based on Andhra Pradesh’s Disha Act. The key features of the bill included:
• The Maharashtra Shakti Bill introduced the death penalty for rape, gang rape, and causing severe harm through acid use in Maharashtra
• The Maharashtra Shakti Bill also increased the minimum punishment for acid attacks on women and sexual assault of children.
• The Maharashtra Shakti Bill provided for a prison term of 1-3 years and a fine of ₹1 lakh for false or wrongful complaints.
• The bill proposed shorter timelines for the investigation, trial, and disposal of appeals for certain offenses.
• The Maharashtra Shakti Bill included provisions for handling crime against women through digital and social media platforms.