This Puja, we must strive to restore and nourish Durga’s innate shakti—not through poorly conceived legislation but through a commitment to genuine safety and justice for all women
Pooja Mahendra Singh
Abhaya. Tilottama. Aparajita. The names given to the junior doctor who was heinously raped and murdered at the R.G. Kar Medical College and Hospital serve as poignant reminders of her indomitable spirit and the urgent need for justice. As the festive season approaches in West Bengal, with the fields adorned with kaash flowers and the air filled with the scent of dhunuchi, one name resonates deeply: Durga. This year, she embodies not just a goddess but also a daughter whose tragic fate prompts a vital question: Can we ensure justice for her and the countless other women who have suffered similar fates?
A Government Response
In the wake of widespread outrage and protests, the West Bengal government has hastily enacted the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024. This legislation is touted as a significant stride towards women’s empowerment and safety, introducing a mandatory death penalty for cases of rape with murder, along with increased penalties for various offenses against women and children. The bill also aims to establish special courts to expedite trials, providing a veneer of urgency and commitment to justice.
While the legislation received bipartisan support in the assembly, its hurried introduction appears more concerned with optics than with substantive reform. The government’s actions may be perceived as a response to public sentiment, but a closer examination reveals that the measures are riddled with legal and practical shortcomings.
Constitutional Concerns
One of the most glaring issues with the Aparajita Bill is its provision for a mandatory death penalty. This approach runs afoul of established legal principles in India. The Supreme Court has explicitly ruled that the decision to impose the death penalty must be determined on a case-by-case basis, reserved for the “rarest of the rare” circumstances. By categorically mandating capital punishment for all cases of rape with murder, the bill undermines judicial discretion, contradicting the constitutional framework that guides sentencing in serious criminal matters.
The irony is that the government’s approach, ostensibly designed to enhance safety for women, actually subverts the very legal principles intended to ensure justice. As law students know well, the mandatory death penalty contravenes judicial norms, yet the West Bengal government appears undeterred by such constitutional constraints.
The Pitfalls of Increased Punishment
Moreover, the assumption that harsher penalties will lead to higher conviction rates is misguided. Historical data demonstrates the contrary: following the introduction of mandatory minimum sentences in the aftermath of the 2012 Nirbhaya case, conviction rates plummeted. A study conducted by Preeti Pratishruti Dash revealed that only 5.72% of cases under the new laws resulted in convictions, a stark decline from the 16.1% conviction rate under previous laws.
This paradox arises from the fact that severe punishments can deter victims and their families from coming forward to report crimes, particularly in cases of domestic violence or sexual assault. Many potential victims may hesitate to report incidents if doing so could lead to the execution of a family member or loved one. Instead of fostering an environment of trust and safety, the bill could inadvertently perpetuate a culture of silence.
The Illusion of Speedy Trials
In addition to addressing penalties, the Aparajita Bill proposes the establishment of special courts and expedited timelines for investigations and trials. However, these provisions lack the financial backing necessary to bring them to fruition. While the bill outlines ambitious goals—such as completing trials within 30 days—there is no allocation of resources to support these initiatives. Without adequate funding, the establishment of new courts and the training of law enforcement personnel become nothing more than empty promises.
A 2016 study by the Vidhi Centre for Legal Policy highlighted that merely designating existing courts as “special” does not lead to expedited trials. The vast majority of proposed special courts were never established, and many existing courts remain overburdened and ineffective. The average time taken for rape trial depositions stands at a staggering 258 days, making the bill’s 30-day timeline appear unrealistic.
The Public Narrative and Future Implications
Despite the initial fervor surrounding the Aparajita Bill, public discourse has shifted in light of ongoing protests by junior doctors and other pressing issues. Yet, the bill remains a lurking threat, awaiting approval from the President of India, with its bipartisan backing suggesting a high likelihood of becoming law.
Should the bill pass, the consequences for women in West Bengal could be dire. The fear of severe penalties may deter victims from seeking justice, while potential perpetrators might feel emboldened by the very legal framework designed to protect women. The specter of Durga—both the goddess and the tragic figure—will haunt a society that fails to recognize the distinction between legal optics and genuine justice.
A Call for Meaningful Action
As we reflect on Durga’s legacy this festive season, let us remember that real empowerment lies not in superficial laws but in deep-rooted social change and community action. The government, legal advisors, and society at large must prioritize meaningful reforms that address the root causes of violence against women, rather than merely enacting laws for the sake of appearance.
This Puja, we must strive to restore and nourish Durga’s innate shakti—not through poorly conceived legislation but through a commitment to genuine safety and justice for all women. The West Bengal government, junior doctors, and the public must come together to reconsider the Aparajita Bill, ideally advocating for its repeal. Only then can we hope to create a society where the spirit of Durga lives on, free from fear and violence.
