The Aparajita Bill 2024

Introduction
Women safety is one of the most important concerns in society right now. According to UN, on average
2,00,000 lakh cases of rape, or attempted rape are recorded by police all around the world annually. So,
their safety is very important for equality in society, and for their development. Aparajita Bill 2024 is one
of the most revolutionary bill proposals regarding ensuring more protection and justice to women and
children in India. This introduction of the Bill was made with an alarming situation of violence in West
Bengal. It proposed new, strict punishments and shortening the judicial process to make justice fast and
effective.

Incident
This law was passed after the brutal rape and murder case of 31-year-old trainee doctor at RG Kar
Medical College in Kolkata, West Bengal. This incident happened on 9 August 2024 when she was on
night-duty in hospital. Whole India was shaken by this inhumane behavior and there were protest
everywhere demanding justice for the trainee doctor. This incident led to demand for more stricter laws
regarding women safety.

Moreover, according to the National Crime Records Bureau there are around 32,000 rape cases per year,
but there are some estimates that more than 70 percent of rapes are not reported and if rape ends in
murder, then it may show up as murder rather than as rape. So, this means that the actual cases are
unimaginable.

There have been other cases also like Ajmer in 1992, Delhi in 2012, Mumbai in 2013, Unnao in 2017,
Hathras in 2020 in which there was an uproar and demand for more strict penalties.

Key Elements of Bill

The government of West Bengal unanimously passed the Aparajita Women and Child (West Bengal
Criminal Laws Amendment) Bill, 2024 on 3 September 2024 to amend the punishments in rape cases and
to increase women safety. Currently, the bill is awaiting the Governor’s assent before it can be
implemented. Once signed, it will become law and be enforced in West Bengal.

Changes proposed in the Aparajita Bill 2024 are:

 Death Penalty for Rape: The Bill proposes capital punishment for those convicted of rape if their
actions result in the victim’s death or leave her in a vegetative state.
 Time-Bound Investigations and Trials: One of the most notable changes is the stipulation that
investigations into rape cases must be concluded within 21 days of the initial report. This is a
 substantial reduction from the previous two-month deadline. Extensions are allowed, but only
with written justification by a senior police officer.
 Fast-Track Courts: To ensure swift justice, the draft legislation mandates the establishment of 52
special courts dedicated to handling cases of sexual violence.
 Aparajita Task Force: The Bill calls for the creation of a specialized task force at the district level,
headed by a deputy superintendent of police. This task force will focus on investigating cases of
rape and other atrocities against women and children.
 Stricter Penalties for Repeat Offenders: The legislation proposes life imprisonment for repeat
offenders, with the possibility of the death penalty if the circumstances warrant it.
 Protection of Victims’ Identities: The Bill includes provisions to protect the identities of victims,
ensuring their privacy and dignity during the legal process.
 Penalties for Delaying Justice: It introduces penalties for police and health officials who fail to
act promptly or tamper with evidence. This aims to hold authorities accountable for any
negligence in the judicial process.
 Publication Restrictions: The Bill imposes strict penalties for unauthorized publication of court
proceedings related to sexual offenses, with potential imprisonment of 3 to 5 years.

Sociological Perspective
Gender Equality: Here we can see that the motive of the bill is to bring justice in society and to make the
women equal and safe by bringing laws for their safety, so that they can work freely and be financially
equal and equal in status. Everyone wants to be financially independent, but it can only happen when
we are provided with a safe and secure environment.

Patriarchy: The bill aimed to protect women but has a patriarchal element like the suggestion that
women should avoid night shifts for their safety, reinforces that women are vulnerable, and the only
solution is to restrict their mobility. They focused on restricting women’s mobility instead of providing a
safe environment.

Feminist: The bill challenges the patriarchal elements which stops women from working and be
financially independent. It also focuses on norms in society which limits the capabilities of women.

Conflict: The perspective analyzes the bill in terms of power difference and inequalities. It focuses how
women are doing in society and see the gender-based discrimination as in conflict theory there is focus
on the power difference between individuals or group of individuals.

My Perspective
This bill is one of the most important things to be implemented in society right now as the rape cases are
increasing every year and more women are becoming victim of these compared to men, so there is need
for these types of laws. I am in favor of this but there are some things which make doubt in mind that
the time for trials is 30 days, which is very quick compared to the normal durations of trial, but will it be
correct, the justice victims need, will they get in 30 days. If yes, then this should be implemented right
away. The decision of hiding of victim’s identity is also needed as otherwise if their identity is
compromised, their family faces a lot of embarrassment because society finds the fault of victims not of
wrongdoer. The law which I am not supporting is that there is no night duty for women, which makes it
clear that the government thinks they are inferior to men. They think that they are unsafe at night, which
is not entirely true as there is nowhere mentioned that they are safe during the day. The government is
also refraining them from practicing their right to freedom. If the government rethinks their decision and
does not bring night duty rule, then it would not hinder the principle of equality whereas they could
focus on making it safer for them who are working at night. We should apply these rules for the whole
nation instead of one state as it will be beneficial for everyone, and we should also not restrain this
because of some drawbacks as this bill is overall good and with few amendments it can be applied to the
betterment of society and upliftment of society.

Conclusion
In summary, therefore, the Aparajita Bill 2024 is a huge advancement regarding women and children
being safe from violence in India. It, of course, has its critics, but one cannot argue away the hefty
potential benefits of justice and safety. To me personally, if implemented, it makes an impact on the
reduction of this violence and renders justice. The establishment of the Aparajita Task Force and
introduction of harsher sentences and swiftness of judicial procedures are very commendable measures
towards that end.