Bengal’s ‘anti-rape’ law will actually reduce convictions, say experts. Here’s why

The so-called anti-rape bill passed by the West Bengal Legislative Assembly on Tuesday is a political stunt that will actually make it harder to secure convictions in rape cases, legal experts have warned.

The bill prescribes the death penalty for rape. It also proposes special task forces and special courts in each district in the state to investigate and try rape and acid attacks on women. It has mandated that the police complete investigations of such offences within 21 days and that the accused be tried within 30 days.

Experts noted that though punishments for such crimes were made much more stringent in 2013 after the Delhi gangrape case the previous year, this has not had any significant impact on lowering the number of sexual assaults on women.

“Practically speaking, the higher the punishment, the less certain a conviction becomes,” said Delhi-based Senior Advocate Rebecca M John.

Instead, the experts said that better policing, enhancing the capacity of the criminal justice infrastructure and other non-legislative measures are more likely to deter crimes against women.

Bill’s provisions

The Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024, was passed weeks after a junior doctor was raped and murdered in Kolkata’s RG Kar Medical College and Hospital on August 9.

The legislation seeks to give discretion...

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