Aparajita Bill a political gimmick to divert attention from unrest over RG Kar: Justice Asok Ganguly

The former Supreme Court judge explains why the recent rape and murder of the medic in Kolkata cannot come under this Bill.

On September 2, the West Bengal government passed the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, apparently in response to the gruesome rape and murder of a young doctor in Kolkata’s R.G. Kar Medical College and Hospital. Since then, the Bill has been universally panned as regressive, unconstitutional, and anti-feminist, with activists calling it nothing more than a desperate attempt by the Mamata Banerjee-led Trinamool Congress government to quell the rising public anger against it. It has also attracted criticism for several aspects such as mandatory death sentence, reducing the time frame for investigation and trial, and enhanced punishments under several sections of the existing laws such as the Bharatiya Nyaya Sanhita; the Bharatiya Nagarik Suraksha Sanhita; and the POCSO Act.

In an exclusive interview with Frontline, retired Supreme Court Justice and eminent jurist Asok Kumar Ganguly pointed out that “mandatory death sentence” had already been outlawed via a 1983 Supreme Court judgment and when the entire world is moving towards abolition of the death penalty, making it mandatory marks the Bill as regressive. He also spoke about how harsher laws do not impact the rate of crime, the societal changes needed to prevent rape, and more.