More severe rape sanctions, including life in jail and the death penalty, are about to be implemented in an Indian state that was rocked by the horrific rape and killing of a medical student last month.
Although India has increased rape penalties over the past ten years, advocates doubt that strict rules alone can reduce the large number of sexual assault cases involving women.
The West Bengal state assembly unanimously approved the Aparjita Woman and Child Bill on Tuesday, increasing the maximum sentence for anyone found guilty of rape from the current federal law’s 10 years to either life in prison or execution. It also consists of actions to expedite investigations into rape.
The bill still must be approved by the president before becoming law.
It was passed amid outrage over the violent assault of a 31-year-old doctor at a hospital in the city last month.
Three weeks on, enraged doctors in the state capital, Kolkata, continue to hold protests demanding safety for medics and justice for the victim.
The West Bengal government said the bill aims to enhance protection for women and children and create a safer environment for them.
However, attorneys and women’s rights groups argue that harsher penalties will do nothing to dissuade perpetrators in a country with a slow-moving legal system.
Women’s rights groups point out that in 2013, the federal government implemented broad reforms to criminal legislation in response to the gang rape and murder of a 23-year-old woman on a moving bus in New Delhi.
In a country where executions are rare, some also oppose the bill’s provision for giving a death sentence for rape in cases where the victim dies or enters a vegetative state.
India has capital punishment for only the most serious cases, or what are called the “rarest of rare cases,” such as gruesome murders and terror attacks.
The Supreme Court sentenced four men to death for the 2012 rape of a 23-year-old woman, describing it as the “most brutal, barbaric, and diabolical” crime.
Women’s rights campaigners also argue that, rather than tougher sentences, the most important challenge is to change attitudes and patriarchal mindsets that are blamed for the ongoing tide of sexual assault against women.
Following the rape of the trainee doctor, India’s Supreme Court established a nationwide task force of doctors to offer suggestions on the safety of health care workers at their workplace.
