Safety first: Ensuring women's security is as critical as stringent laws

The bigger danger implicit in the extremist approach in the Aparajita Bill, as with similar Bills passed by other states, is a fundamental misunderstanding of the nature of the crime of sexual assault

The West Bengal Assembly’s unanimous vote to pass a law prescribing the death penalty for most categories of rape represents little more than an attempt to regain political ground following the ruling Trinamool Congress’ shockingly inadequate response to the rape and murder of a woman doctor at state-owned R G Kar Medical College and Hospital last month. The Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, seeks a blanket replacement of the penalty of life or rigorous imprisonment for various categories of rape with death under central criminal laws and the Protection of Children Against Sexual Offences Act (Pocso). In the zeal to underline the government’s credentials, the law ignores compelling evidence that the death penalty does not act as a deterrent against rape or any other heinous crime, a point that had been forcefully made by the Justice J S Verma committee in 2012.

The bigger danger implicit in the extremist approach in the Aparajita Bill, as with similar Bills passed by other state legislatures, is a fundamental misunderstanding of the nature of the crime of sexual assault. As the Verma committee observed, rape is not just a crime of passion but an expression of power. There is no dearth of provisions to punish rape and crimes against women such as dowry murders on the statute books. But the frightening frequency of this crime in Indian society is a reflection of the deeply asymmetrical power dynamics that threaten women in homes, public spaces, and the workplace. This implies that the state has a critical role to play in also focusing on critical practical actions to ensure women’s security. This includes, for instance, monitoring facilities such as separate toilets and restrooms for women at workplaces, especially small and medium ones that tend to operate below the radar, ensuring the security of women working night shifts, and safety on public transport (the Delhi Metro offering a relatively good example). Most of all, there is a critical requirement to sensitise (mostly male) police forces so that women do not hesitate to report assaults.

The Bengal legislation has suggested the creation of an Aparajita Task Force for investigation, and the establishment of special courts to try these offences. The first proposal repeats a recommendation outlined by the Verma committee and the second reflects a deficiency of the state. Since 2019, a centrally sponsored scheme was introduced to set up fast-track special courts, including exclusive Pocso courts, to deal with rape cases. Several states, mostly those ruled by the National Democratic Alliance, have responded. Uttar Pradesh, for instance, has 218 such courts, Bihar 46, Madhya Pradesh 67, and Odisha 44. Other states have also responded favourably. For instance, Delhi, with a population of 33 million, has 16 such courts, and Punjab, with 38 million, has 12. West Bengal, with a population of 103 million, has three, the third-lowest among the states, behind only Manipur and Nagaland. Political leaderships that do not take a progressive and apolitical role in protecting women will end up nullifying the lofty economic ambitions that India hopes to achieve.