The West Bengal Anti-Rape Bill – A New Legal Landscape

Monday, 09th September, 2024

West Bengal recently passed the Aparajita Woman and Child Bill 2024, a landmark piece of legislation aimed at strengthening protections for women and children. The bill introduces stringent measures, including the death penalty for severe rape cases, and aims to expedite trials by setting a 30-day timeline for special courts. A specialised police team, the Aparajita Task Force, will be established to handle offences committed under this Act, ensuring swift action and focused investigation. However, the bill still requires the Governor’s approval to become law.

Legislative Process in West Bengal vs. the Centre

West Bengal operates a unicameral legislature, meaning it only has one house—the Legislative Assembly. In contrast, at the Centre, bills must pass through both the Lok Sabha and the Rajya Sabha before receiving the President's assent. This difference often makes the state legislative process more streamlined.

Jurisdiction Over Women and Child Protection

The power to legislate on the protection of women and children falls under the Concurrent List of the Indian Constitution, allowing both the State and Central governments to make laws. However, in the event of a conflict, central laws take precedence.

Contribution from ASCL Alumni

We are immensely proud that one of our distinguished alumni, Swati Sharma, Senior Policy Analyst (Legal) at AQUILAW, was a part of the drafting committee of this significant bill. Her work continues to inspire future legal professionals and demonstrates the real-world impact of dedicated legal expertise. You can connect with her on [LinkedIn](http://linkedin.com/in/swatiksharma).