Justice delayed, justice denied: The uncertain fate of the Aparajita Anti-Rape Bill in West Bengal

The recent surge in rape cases across India highlights a troubling reality, casting a shadow over our nation's reputation as a safe environment for women.

- ROSHANI CHAUDHARY & DR. ALISHA VERMA

On 9th August 2024, a heinous crime was committed against a medical trainee in the seminar hall of R.G Kar Hospital, evoking public outrage reminiscent of the response seen during the Nirbhaya case in 2012. The details of the case can leave any person in despair and it raises a question on humanity.

Despite the severity of the crime qualifying it as a 'rarest of rare' case, the convict in the Kolkata Medical College rape case received life imprisonment on 20th January 2025.

As the public continued to mourn the brutality of the previous case, a new instance of sexual violence was reported, once again, within an academic institution in West Bengal. On 25th June 2025, a gang-rape case was reported in Kolkata; the victim herself explained the details of this heinous crime.

The 24-year-old victim of the South Calcutta Law College was allegedly raped by two senior students and an alumnus of the institute in the guard's room on June 25. Following her complaint, police arrested the prime accused Manojit Mishra, Promit Mukherjee, and Zaid Ahmed. The guard of the college was arrested after a few days.

After the R.G Kar medical college rape case, the Aparajita Women and Child (West Bengal Criminal Amendment) Bill, 2024 was passed by the West Bengal state legislative assembly. The public was assured that the bill would be more effective and comprehensive than the existing laws; however, it has yet to be enforced.

LEGAL FRAMEWORK OF WOMEN'S SAFETY IN INDIA

Following the Nirbhaya rape case back in 2012, the term "rape" was revised to broaden the scope and the new legislation also criminalized acts such as stalking and voyeurism.

Minors are safeguarded under the Protection of Children from Sexual Offences Act, 2012 (POCSO).