Note4Students
From UPSC perspective, the following things are important :
Prelims level: Aparajita Bill, Disha Bill and Shakti Bill;
Mains level: Issues related to women;
Why in the News?
Due to the ongoing protest in Kolkata, the WB Assembly has unanimously passed a Bill mandating the death penalty for rape cases where victims die or are left in vegetative states.
Features of West Bengal’s Aparajita Bill:
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How Bengal’s Aparajita Bill differ from the Andhra Pradesh and Maharashtra laws?
| Dimensions | West Bengal (Aparajita Bill) | Andhra Pradesh (Disha Bill) | Maharashtra (Shakti Bill) |
| Scope of Death Penalty | Death is mandatory in cases of rape leading to the victim’s death or vegetative state | Death penalty for the rape of minors below 16, gang rape, and repeat offenders | Similar to Andhra Pradesh, it introduced the death penalty for heinous cases, such as acid attacks and severe rape cases, but it also does not mandate death in all instances. |
| Special Institutions | Aparajita Task Forces and Special Courts in every district specifically for rape cases, ensuring expedited legal proceedings with strict timelines. | Propose Special Police Teams and Exclusive Special Courts for dealing with crimes against women, along with a registry for offenders. | Formation of special courts but also emphasizes digital cooperation |
| Timeframes for Legal Processes: | Investigation time is 21 days (extendable to 15 more), and trials must be completed within 30 days post-chargesheet. | Investigation time is seven days and mandates trials be completed within 21 days. | Completed within 15 working days after an FIR is filed, with an extension of up to 7 days if the investigating officer provides written reasons for the delay and the trial must be completed within 30 working days from the date of filing the charge sheet. |
| Amendments to POCSO | Introduces the death penalty for penetrative sexual assault under the POCSO Act. | Amended the POCSO Act to include death penalties, particularly for heinous offenses, but do not make it mandatory in all cases. | Same as Disha bill |
| Use of Digital Platforms | No available | No available | Unique features penalizing social media platforms and intermediaries that fail to provide requested data for investigations. |
Why President’s Assent is essential?
- Criminal law falls under the Concurrent List of the Indian Constitution, meaning both state and central legislatures can legislate on the subject. However, state laws require the President’s approval to take precedence over existing central laws.
- Without presidential assent, the provisions of the Aparajita Bill, as well as those from Andhra Pradesh and Maharashtra, cannot be enforced, rendering them ineffective despite being passed by the respective state assemblies.
Conclusion:
The state should launch public awareness campaigns and involve stakeholders to build broad-based support, emphasizing the Bill’s objectives of enhancing victim protection and delivering speedy justice to encourage timely presidential approval.
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