THE unanimous passage of the ‘Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024’ by the West Bengal Legislative Assembly certainly has its own importance in the current, highly politicised scenario. That it symbolises certain constitutional approach to the terrible barbarism that rape -- of any kind -- stands for, is only one aspect of the story. The other aspect refers to the political compulsion under which West Bengal Chief Minister Ms. Mamata Banerjee felt cornered to undertake the legislation. In time to come, this legislation may get value-added by different extra provisions etc not just in West Bengal but also in other States. In other words, the country will have a legal provision to treat rape in a more specific manner -- in addition to the existing legal provisions under the law. To that extent, this change needs to be looked at positively. Of course, much societal emotion had to explode before which Ms. Mamata Banerjee took up the cause of the anti-rape legislation. The whole country not just suspected but also believed that she was protecting the wrong-doers in the West Bengal rape-and-murder case for whatever compulsions.

 

The whole country believed that the West Bengal Government was doing everything within its power to allow the wrong-doers enough time and space to fudge the dirty details of the terrible act of rape and murder of a medical doctor woman. This impression gave rise to nationwide protests not just by the medical fraternity but also other segments of the larger Indian society seeking stern, no-nonsense action. Unfortunately, political elements entered the arena and usurped the issue and tried to foist different narratives upon the discourse. Because politics entered the arena, Ms. Mamata Banerjee first adopted a hard and hostile stand, but later softened so much so that she decided to adopt a legislation -- and take the winds out of the Opposition sails. But before she arrived at that point, Ms. Mamata Banerjee took her own time in assessing the situation and formulate her political and official response. During that interlude, she indulged in all sorts of arrangements and adjustments that would suit her ultimate political objectives in short and long terms. And that dilly-dallying gave rise to many a doubt in the people’s minds about her intentions.

 

This collective experience and emotion of the nation has to be considered before the new ‘Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024’ is welcomed whole-heartedly. Finally, the legislation has arrived, in whatever form and with whatever content. In time, it may go through certain metamorphosis and may become an altogether different legal provision in the ultimate analysis. But the fact that the society took a major step in certain direction -- may be out of a political compulsion -- will have its own importance. Of course, the most reprehensible crime of rape -- and murder (!) -- was being dealt with by the society under an existing legal provision. The West Bengal Government under Ms. Banerjee thought that another arrangement may resurrect her political career. Therefore came the new legal arrangement -- which the West Bengal Legislature felt compelled to pass unanimously. Whether Ms. Banerjee would achieve the unstated political objective or not only time will decide. But suffice it is to say at this point that she tried to assuage the hurt feelings of the larger Indian society by bringing in the legislation and tried to validate herself, is a fact that nobody can refute. It may be said that that way, she saved her political career in the nick of time !