Will the Aparajita Bill set a precedent for other states? Experts weigh in

Since mid-August 2024, India has witnessed a watershed renewal of protests over crimes against women. From Kolkata doctor rape-murder to the sexual assault of two toddlers in Badlapur, the incidents have reignited concerns about women's safety and rights across the country.

While the steadfast protestors continued their demonstrations, the West Bengal government-led by Mamata Banerjee-decided to table a bill which advocated for harsher punishments for convicts of sexual crimes. The draft legislation titled ‘Aparajita Woman and Child Bill' was passed unanimously in the state assembly earlier this week and is the President's assent away from being a law.

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Since its inception, the legislation intended to protect and empower women has provoked heated discussion. The measure, which aims to address growing concerns about women's safety and rights, has piqued the interest of legislators, campaigners, and legal experts across India. With the potential to transform the legal landscape, many are wondering if this measure could create a precedent for other states, including Maharashtra.

What is the Aparajita Bill?

In response to growing concern about sexual violence, the West Bengal Assembly passed a stringent anti-rape bill in 2024, to provide justice to victims and deter abusers. The draft, known as the "Aparajita Woman and Child Bill," has numerous key provisions to tighten the state's sexual assault legislation.

One of the bill's primary features is the application of the death sentence on people guilty of rape and murder. This extreme penalty conveys a strong message and serves as a deterrent. In addition, any other rape offender faces life in jail without the possibility of parole under the measure. The Act also suggests speeding the trial process to ensure that victims receive justice as soon as possible. To better protect survivors, the bill includes provisions to secure their identities and offer thorough medical and psychological care.

While it has been praised as a significant step towards safeguarding women's safety and dignity, it remains unclear whether other states will follow suit. In a conversation with mid-day, experts weigh in on whether the Aparajita Bill will bring meaningful change, its potential influence on other states and the broader implications it could have on how crimes against women are addressed.

Women's Rights Activists Speak

When asked for her thoughts on West Bengal's Aparajita Bill, Aksharacentre's co-director Nandita Gandhi said that the introduction of laws against rape or modifications of the same is not a "current" thing. It has been that way since the Mathura rape case of the 1980s, she said. "The Aparajita Bill is the TMC government's political reaction to the widespread protests. The government had to ensure that it would propose stringent laws (given the present scenario in the eastern state)," said Gandhi.

The activist added that a new law must be well thought out and not be announced hastily. Invoking the remission of 11 convicts in the Bilkis Bano case, Gandhi added, "Just punishing is not enough; ensuring that a convict completes the commuted sentence is equally important."

Meanwhile, women's rights activist Brinda Adige opined that although the draft legislation calls for stricter punishments, it did not address how will the government implement it if it gets clearance.

The Aparajita Bill proposes the creation of a special task force for investigating specific crimes, but several critical questions remain unanswered regarding its implementation. Key concerns include the procedure for appointing task force members, budgetary allocations, and the necessary infrastructure. Without clear guidelines for training the police, doctors, social workers, and counsellors, as well as providing the required facilities, the task force may struggle to function effectively. This raises doubts about whether the investigations will eventually be handed over to central agencies, such as the CBI, due to inefficiencies, she said.

The activist added that comparisons can be drawn with other key statutes, such as the Juvenile Justice Act, which mandates particular features such as child protection officers across police stations, even if funds are taken from other areas. The lack of clarity in the Aparajita Bill, particularly regarding fiscal and procedural aspects, poses a substantial challenge.

In India, departments like the police, the Department of Women and Child Development, and the state legal services authority frequently work in silos. This fragmented approach impedes the proper operation of an investigation team of a variety of expertise. A similar issue has been noted in the operation of Nirbhaya Fund's One Stop Crisis Centres, which frequently fail to work with police and other relevant departments, Brinda added.

The Justice Verma Commission suggested fast-track courts for cases involving crimes against women, with trials to be completed within a year. However, this has mainly gone unmet due to a shortage of judges, courtrooms, and other required resources. The formation of special courts for the expedited resolution of cases, as envisaged in the Aparajita Bill, meets comparable challenges. Furthermore, the requirements for the "specified offences" that these courts will handle require a clearer specification, Brinda suggested.

West Bengal, where the bill originates, must address whether it plans to reform its police and judicial systems to meet these requirements, as law enforcement and crime prevention are state responsibilities. Unless budgetary allocations and procedural frameworks are put in place, the effectiveness of the bill remains questionable, she said.

Political reactions

When asked about whether Maharashtra needs a bill like the Aparajita Bill, BJP leader and former MLA Krishna Hegde said that the Mahayuti government will implement the Bharatiya Stree Shakti Bill which will ensure that the survivor/victim gets speedy justice.

"In cases of crimes against women, including sexual offences, there's a need for speedy justice. Once the Mahayuti government in Maharashtra is re-elected, we will table the Stree Bill. Through the bill we will ensure victim/survivor gets speedy justice and the accused is given stringent punishment," Hegde said.

He too advocated for harsher punishments like the death penalty and life imprisonment.

Hegde added, "People don't fear punishment which in a way encourages them to repeatedly commit offences. Instilling a fear factor is necessary as it could serve as an effective deterrent."

The BJP leader, responding to a question regarding how one can ensure effective implementation of said bills could be done, said that the police personnel should be held accountable.

"Police officials also have to responsibly investigate a case and ensure speedy justice is done. In case it is not being followed, the police personnel in charge should be sacked. Responsibility should be fixed on the DCP-level officer if the probe is shoddily conducted. Usually, police personnel have a redressal system and at most, they are transferred. The legislature should have provision to sack officers if they don't investigate appropriately," Hegde said, adding that the Home Minister cannot be held accountable for everything.

Police Speak

IPS officer PK Jain, speaking to mid-day, said that the Aparajita Bill passed by the West Bengal government is a landmark bill like the MCOCA Act. He, however, pointed out that the bill must have certain provisions to ensure that one authority should oversee the appointment of fast-track courts for cases of crimes against women.

"The passing of Aparajita Bill is appreciable and it should be effectively implemented sooner. This is similar to when Maharashtra introduced the MCOCA act which initially saw a conviction rate of 92-93 per cent which has since reduced. There should be a bounded responsibility on the Chief Minister and Home Minister in ensuring that these bills, once they become law, are effectively implemented," said the Former Maharashtra senior police officer.

He further told mid-day that instead of each state introducing bills similar to West Bengal's proposed legislation, the Government of India should adopt the bill and modify it so it can be uniformly implemented across the country.

"Aparajita Bill is the beginning (of reforms)," he said.

A precedent in the making?

The Aparajita Bill is undeniably a bold and progressive step towards improving women's rights and safety in India. While its potential to set a precedent for other states, including Maharashtra, is promising, much will depend on how well it is implemented and adapted to local contexts.

As experts have pointed out, the success of this bill will hinge on its enforcement, inclusivity, and ability to address the root causes of crimes. If states can rise to meet these challenges, the Aparajita Bill could pave the way for a safer and more equitable future for women in India.