Homes, workplaces must be made safe
By: Priyanka Saurabh
There is little evidence that the death penalty stops sexual crimes, but there is often an official response to such crimes demanding more stringent laws. It is the responsibility of every government to ensure that laws are effectively enforced and police work without bias to prevent and punish sexual assaults, saying that “rape is a curse to humanity and social reforms are needed to prevent such crimes. Justice can be delivered better if barriers are removed for women by first making their homes and workplaces safe.
It has become quite common to raise the cry for the death penalty after every heinous sexual crime and accept it by issuing an ordinance or passing a bill. Criminal laws were changed in 2013 after a woman was brutally raped in Delhi. Subsequently, several states, including Madhya Pradesh, Rajasthan, Haryana, Andhra Pradesh, Maharashtra, and Arunachal Pradesh, have introduced amendments to provide for enhanced punishment for sexual assault.
Now, in West Bengal, the Aparajita Mahila Evam Bal (West Bengal Criminal Law Amendment) Bill, 2024 seeks to enhance penalties for sexual offenses, with a special focus on crimes against women and children. The Bill introduces stringent measures such as mandatory death penalty for specific cases of rape and speedy investigation. This highlights West Bengal’s legislative response to public outrage following a major criminal incident, aimed at strengthening the legal framework and ensuring speedy justice.
The Bill provides for the death penalty in case of death or moribund rape victim, thereby enhancing the deterrent effect. The Bill provides for the investigation of sexual offenses to be completed within 21 days, aimed at expediting justice. The Bill strengthens the protection of the identity of victims and provides for 3-5 years imprisonment for disclosure.
The Bill proposes the setting up of dedicated special courts for sexual violence cases, thereby speeding up legal processes. The Bill targets cases involving sexual abuse of minors, imposes harsher penalties, and increases monitoring. The Bill prioritizes punitive actions over rehabilitation and social reforms and ignores deeper systemic issues. Sexual crimes continue to rise despite stringent penalties, indicating the limited effectiveness of purely punitive laws. Setting up special courts may put pressure on the existing judicial framework, potentially leading to procedural delays. The fast-track courts introduced after Nirbhaya also faced similar delays due to cumbersome legalese and lack of resources.
The use of the death penalty as a deterrent has been widely debated, but evidence of its effectiveness is limited. The Verma Committee report highlighted that the death penalty does not reduce sexual crimes substantially, so more effective solutions are needed.
The bill poses potential conflicts with central legislation, which is likely to delay implementation due to legal challenges. Such amendments require the President’s assent as per Article 254 of the Indian Constitution, complicating the implementation of the law. The bill does not adequately address preventive measures such as education or public awareness campaigns on sexual violence. Programs such as Beti Bachao Beti Padhao focus on awareness and prevention, which provide a more holistic approach to reducing such crimes.
Introducing strong rehabilitation and psychological support systems for victims would complement punitive measures. Allocating more resources to judicial infrastructure is essential to reduce delays in dealing with sexual crime cases. The e-Courts project by the Government of India aims to digitize the judiciary, leading to faster disposal of cases.
Addressing the root causes of sexual violence by conducting awareness campaigns targeting school children and the general public can help reduce such incidents. The Sakhi One Stop Centre initiative provides education and awareness, empowering women to report crimes quickly. Harmonization of state laws with the central structure ensures smooth implementation and avoids unnecessary conflicts.
The successful alignment of POCSO with state initiatives in Kerala shows the benefits of a collaborative approach. Introducing long-term preventive measures such as self-defense training and gender sensitization in schools can help prevent sexual violence. The Delhi Police conducts free self-defense training programs, which can be replicated across the country.
The Aparajita Bill is an important step towards addressing sexual violence in West Bengal, reflecting a legislative response to public outrage. However, effective implementation requires a balanced approach that combines punitive measures with rehabilitation, public awareness, and infrastructure support. A coordinated effort between the state and the center will ensure lasting protection for women and children and promote long-term social change and improved security.
There is little evidence that the death penalty deters sexual crimes, but such crimes are often followed by an official response demanding more stringent laws. Saying that “rape is a curse to humanity and social reforms are needed to prevent such crimes, it is the responsibility of every government to ensure that laws are effectively implemented and police work without bias to prevent and punish sexual assaults. Justice can be delivered better if obstacles in the way of women’s progress are removed by first making homes and workplaces safe for them
(The author is a Research Scholar in Political Science)
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