The Hindu Editorial Analysis- 18th September 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

The Continuing Distribution of the Death Penalty

Why in News?

The issue of the death penalty in India continues to persist and often takes new forms. Recently, the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024 was passed by the West Bengal government.

• This bill was introduced in response to the horrific rape and murder of a doctor at Kolkata's R.G. Kar Medical College and Hospital.
• The bill aims to change the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Protection of Children from Sexual Offences Act, 2012 specifically for West Bengal.
• One significant change in this bill is the introduction of the death penalty for the crime of rape.

What are the Key Provisions of the Aprajita Bill 2024?

• Proposed Amendment to BNS 2023, BNSS 2023, and POCSO 2012: The new bill seeks to change various legal rules in the Bharatiya Nyaya Sanhita (BNS) 2023, the Bhartiya Nagrik Suraksha Sanhita (BNSS) 2023, and the Protection of Children from Sexual Offences Act 2012 (POCSO). It is designed to support survivors and victims of all ages. 
• Death Penalty for Rape: This bill suggests the death penalty for anyone found guilty of rape if it causes the death of the victim or leaves her in a vegetative state. 
• Penalties Under BNS Laws: The consequences for rape include: 
  • A fine and at least 10 years in prison for rape.
  • A minimum of 20 years in prison for gang rape, which could extend to life in prison.
  • At least 20 years of rigorous imprisonment for rape leading to the victim's death or a vegetative state, with a chance of life imprisonment or the death penalty.
• Time-Bound Investigations and Trials: Investigations for rape cases must be finished within 21 days of the initial report, and trials should conclude within 30 days. Extensions are allowed only with a written reason from a senior police officer. 
• BNSS Laws Time Limits: According to BNSS laws, the investigation and trial should be completed within 2 months from the date of the FIR. 
• Establishment of Fast-Track Courts: The bill requires the creation of 52 special courts to quickly handle cases of sexual violence. 
• Aparajita Task Force: It proposes forming a special task force at the district level, led by a deputy superintendent of police, to focus on investigating rape and other crimes against women and children. 
• Stricter Penalties for Repeat Offenders: The law suggests life imprisonment for those who commit the same crime multiple times, with the possibility of a death penalty in certain situations. 
• Protection of Victims' Identities: The bill includes rules to safeguard the identities of victims, ensuring their privacy and dignity during legal proceedings. 
• Penalties for Delaying Justice: It introduces consequences for police and health officials who do not act quickly or tamper with evidence, aiming to hold them accountable for negligence in the legal process. 
• Publication Restrictions: The bill enforces strict penalties for unauthorized sharing of court proceedings related to sexual offences, with potential imprisonment of 3 to 5 years. 

What are the Challenges Related to Aparajita Bill 2024?

• Constitutional Validity: The Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024 aims to change central laws, raising questions about whether it is constitutional and whether it fits within the state's powers. 
•  According to Article 246 of the Indian Constitution, states can make laws on matters in the State List. However, since criminal laws are also shared with the central government, this creates complexity. If this bill goes against central law, it must receive approval from the President. 
• Unrealistic Timeframe: Finishing investigations within 21 days is very difficult due to the complexity of rape cases and the current backlog in the legal system. 
• Legal Challenges:There have been many cases where state changes to central laws have been challenged in court. For example: 
  • State of West Bengal v. Union of India (1964): The Supreme Court declared the West Bengal Land Reforms Act, 1955 invalid because it conflicted with the central Land Acquisition Act, 1894, reinforcing the idea that Parliament has the highest authority. 
  • KK Verma v. Union of India (1960): In this case, the Supreme Court annulled the Madhya Pradesh Agricultural Produce Markets Act, 1958 for being inconsistent with central laws. 
•  These cases highlight the judiciary's view that central laws take precedence over state changes. 
• Implementation Challenges: Successfully putting the Bill into action may face obstacles, such as the need for improvements in law enforcement facilities and special training for police and judicial staff. 
• Overburdened Courts: Indian courts experience significant delays, with cases taking an average of over 13 years to be resolved. This backlog could impede timely trials after quick investigations. 
• Legal Rights of the Accused: The legal system assures the accused the right to a fair trial, which can extend the process due to appeals and mercy petitions. 
• Note: Criminal law in India is managed by both the state and central governments, as it is part of the concurrent list of the Constitution, allowing both to create laws on this topic. 

What are the Laws Related to Rape in India?

• Criminal Law (Amendment) Act 2013: This law was created to effectively deter sexual crimes. 
•  The minimum punishment for rape was changed from 7 years to 10 years. 
•  In cases where the victim dies or is left in a vegetative state, the minimum punishment was increased to 20 years. 
•  The Criminal Law (Amendment) Act 2018 introduced even stricter laws, including the death penalty for the rape of a girl under 12 years. 
• Protection of Children from Sexual Offences Act, 2012 (POCSO): This law was enacted to safeguard children from sexual abuse, harassment, and pornography. 
•  The age of consent was raised to 18 years (previously 16 years until 2012). 
•  All sexual actions involving individuals under 18 are now illegal, even if both parties are minors and consented. 
•  The POCSO Act was amended in 2019 to increase punishments for various crimes, ensuring the safety, security, and dignity of children. 

Rights of a Rape Victim

• Right to Zero FIR: This allows a person to file a First Information Report (FIR) at any police station, regardless of where the crime happened. 
• Free Medical Treatment: Under section 357C of the Criminal Procedure Code (Bharatiya Nagarik Suraksha Sanhita), no hospital can charge victims of rape for their treatment. 
• No Two-Finger Test: Doctors are not allowed to perform the Two-Finger Test during medical examinations of rape victims. 
• Right to Compensation: Section 357A of the CrPC provides victims with a monetary compensation for their suffering. 
• High Incidence of Crimes Against Women: According to the National Crime Record Bureau (NCRB), the number of reported crimes against women rose from 3.37 lakh in 2014 to 4.45 lakh in 2022, which is an increase of over 30%.
• The crime rate, which measures crimes per lakh women, also went up from 56.3 in 2014 to 66.4 in 2022.
• Patriarchal Mindset: A long-standing patriarchal culture promotes male power and entitlement, viewing women as objects. This mindset creates a dangerous environment that hampers both women's safety and equality.
• Objectification in Media: Media often depicts women in ways that reduce them to mere commodities. This portrayal undermines women's independence and helps build a culture that ignores their rights. Such objectification strengthens negative stereotypes and harmful societal views.
• Delayed Justice and Legal Challenges: The slow pace of the legal system and the rare application of the death penalty add to the suffering of victims. Achieving timely justice is a significant challenge, along with ongoing discussions about the effectiveness of capital punishment.
• Lack of Awareness and Education: Insufficient sex education and poor conversations about consent and gender sensitivity keep harmful stereotypes alive and foster ignorance, which stops effective help from happening.
• Infrastructure and Safety Measures: Unsafe conditions such as dimly lit streets, inadequate public transport, and insufficient public toilets make women more vulnerable. Enhancing infrastructure and safety is vital for improving women's security.

Way Forward

• Comprehensive Legal Framework: There is a need to toughen penalties for crimes against women under the Indian Penal Code (BNS). This includes creating specific laws for stalking, cyber harassment, and domestic violence. Additionally, it's important to set up special courts and police units to ensure quick justice.
• Fast-Track Courts: We should establish fast-track courts and increase penalties for serious crimes like rape, as suggested by the Justice Verma Committee.
• Increase Women's Representation: It is important to boost the number of women in the judiciary.
• Social and Cultural Transformation: There is a need to include gender equality education in schools and colleges. Supporting community programs that raise awareness about women's rights is also essential. Policies should be put in place to help women gain economic power and participate in decision-making.
• Effective Law Enforcement and Justice Systems: Police should receive gender-sensitive training. We need to create special units that focus on violence against women and establish victim support centers.
• Infrastructure and Technology: Upgrading public transportation systems is necessary. Installing CCTV cameras in public places and developing safety apps and emergency response systems are also important.
• Empowerment and Awareness: Campaigns should be conducted to inform women about their rights and encourage them to report violence. Providing vocational training and skill development is crucial. Support for women's organizations will strengthen advocacy efforts.

Mains Question:

Despite the presence of legal protections, violence against women in India remains a significant issue. Analyse the factors contributing to the high rates of such crimes and propose comprehensive reforms to effectively tackle these challenges.