KOLKATA: The stringent anti-rape bill to be tabled by West Bengal’s govt in the assembly on Monday proposes to treat all rape crimes – even if the victim survives – as a murder to be punished with life imprisonment or death, irrespective of the victim’s age. It will also call for a time-bound trial and enhanced compensation or fine to be collected from the guilty.
In case of rape-murder, the bill proposes only the death penalty and a hefty fine to be collected from the perpetrator’s family. By introducing the “imprisonment for the remainder of natural life” clause along with the death penalty for all rape cases, the proposed bill will try to differ from and avoid the fate of previous such bills passed by other states. The Andhra Pradesh Disha Bill, 2019 and Maharashtra Shakti Bill, 2020 had only one penalty – mandatory death – for all rape and gang-rape cases. Both the bills are yet to get the President’s assent.
The Supreme Court had in the 1983 Mithu versus State of Punjab case struck down IPC Section 303, which stipulated “mandatory death” for life convicts committing murder, saying it violated the fundamental right of equality before the law (Article 14 of the Constitution) and right to life (Article 21) by not allowing courts to exercise their discretion and, therefore, would result in “unfair, unjust and unreasonable procedure” that could deprive a person of his/her life.
“We have researched multiple Supreme Court and high court judgments on this issue. We propose to have both death and rigorous imprisonment for the remainder of a person’s life and fine/compensation for trauma, rehabilitation and treatment of the victim. For rape and murder, the provisions will be death and fine (from kin). A shorter fixed period for investigation and trial is being proposed. Other legal details are also being discussed threadbare and multiple stakeholders are being consulted,” said Sanjay Basu, senior standing counsel for the Bengal govt in SC.
In case of rape-murder, the bill proposes only the death penalty and a hefty fine to be collected from the perpetrator’s family. By introducing the “imprisonment for the remainder of natural life” clause along with the death penalty for all rape cases, the proposed bill will try to differ from and avoid the fate of previous such bills passed by other states. The Andhra Pradesh Disha Bill, 2019 and Maharashtra Shakti Bill, 2020 had only one penalty – mandatory death – for all rape and gang-rape cases. Both the bills are yet to get the President’s assent.
The Supreme Court had in the 1983 Mithu versus State of Punjab case struck down IPC Section 303, which stipulated “mandatory death” for life convicts committing murder, saying it violated the fundamental right of equality before the law (Article 14 of the Constitution) and right to life (Article 21) by not allowing courts to exercise their discretion and, therefore, would result in “unfair, unjust and unreasonable procedure” that could deprive a person of his/her life.
“We have researched multiple Supreme Court and high court judgments on this issue. We propose to have both death and rigorous imprisonment for the remainder of a person’s life and fine/compensation for trauma, rehabilitation and treatment of the victim. For rape and murder, the provisions will be death and fine (from kin). A shorter fixed period for investigation and trial is being proposed. Other legal details are also being discussed threadbare and multiple stakeholders are being consulted,” said Sanjay Basu, senior standing counsel for the Bengal govt in SC.
