West Bengal Assembly in India passes bill mandating life in prison or death penalty for rape convictions

(LONDON) — After the rape and murder of a junior doctor in a Kolkata hospital led to widespread protests, the West Bengal Assembly has unanimously passed a bill ordering life imprisonment for convicted rapists and the death penalty for rape which results in the death or vegetative state of the victim.

Several other proposals will also be enacted through the Aparajita Woman and Child Bill, including a special task force led by a female officer to accelerate investigations into rape cases, dedicated fast track courts, penalties for delays in investigations and a time limit of 21 days — with a potential 15-day extension — to issue a decision.

The bill will now go to the governor of West Bengal, who is expected to sign it into law.

The new law was inspired following the death of Moumita Debnath, a trainee doctor at R.G. Kar Medical College, who was found dead with injuries indicating rape and strangulation in a seminar room in the hospital on Aug. 9. The murder sparked protests and rallies, drawing tens of thousands of people calling for justice. The suspect in custody, Sanjay Roy, stated he is innocent and is being framed.

Many in India see the bill as a step towards justice and assembly members from the opposition BJP party have lent their full support to its passage.

Sujata, a 55-year-old protester who did not want to be identified by her last name, supported the bill. 

“You have to put some examples before the people so they will be aware of the punishment,” she said.

But others saw the bill as a knee-jerk reaction that precludes sustainable change.

“We need to look at not only the act, but what precedes the act,” said Piya Chakraborty, 39, a mental health rights activist. 

She believes India needs to focus on larger systemic reforms addressing rape culture and victim blaming.

The current proposal “is an easy way out for the state to say, ‘We’ve got a law,’” said Jhuma Sen, an advocate practicing at the Calcutta High Court and the Supreme Court. 

She says parts of the bill are unconstitutional as Indian law forbids the mandatory minimum punishment for any crime as being the death penalty.

Advocates who oppose the death penalty bill say that capital punishment policies do not deter crime. Instead, innocent people are framed and sentenced to death as government bodies rush to reach a verdict and appease the public.

Maitreyi Misra, the director of death penalty mitigation at the non-profit Project 39A, stated that 95% of all Indian death row cases from 2000 to 2015 either ended in acquittals or commutations.

“Procedural safeguards are not being insured,” she said, pointing to flawed interrogations, improper collection of evidence, and lack of representation from lawyers — all common during rushed investigations and trials. “What kind of justice are we aiming to have?”

At the rally that Chakraborty attended soon after she spoke to ABC News, a large blue banner condemned the bill, calling for transparent investigation and justice.

“Justice cannot be reduced to revenge,” she said.

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