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The West Bengal Assembly on September 3 unanimously passed the state anti-rape Bill after Opposition lend full support to it.

The anti-rape Bill aims at quick investigation, fast justice delivery and enhanced punishment, Bengal CM Mamata Banerjee said in assembly.

The proposed amendments to the Bill moved by Leader of Opposition Suvendu Adhikari, were, however, not accepted by the House. The Bill was tabled by state Law Minister Moloy Ghatak.

The draft legislation seeks capital punishment for persons convicted of rape if their actions result in the victim's death or leave her in a vegetative state.

Additionally, it stipulates a life sentence without parole for those convicted of rape.

A two-day special session of the assembly has been summoned on September 2 in the wake of the rape-murder of a woman medic at the state-run RG Kar Medical College and Hospital last month.

Also Read | All about Bengal’s Aparajita Bill that proposes death sentence for rape convicts

Titled the 'Aparajita Woman and Child Bill (West Bengal Criminal Laws and Amendment) Bill 2024,' the legislation aims to strengthen protections for women and children by revising and introducing new provisions related to rape and sexual offences.

The bill is aimed at amending the existing provisions under the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and the Protection of Children from Sexual Offences Act, 2012, “in their application to the state of West Bengal to enhance punishment and to constitute the framework for…expeditious investigation and trial of the heinous act of violence against women and children.”

The Bill also seeks to set up fast-track courts for rape cases. “To expedite investigations and ensure swift justice for victims, this Bill proposes dedicated special courts and investigation teams. These specialised units will be equipped with the necessary resources and expertise to handle cases of rape of women and sexual offences against children efficiently, effectively and timely, thereby minimising the trauma experienced by victims and their families”.

‘Aparajita Task Force’ will be constituted to investigate cases of rape or atrocities on women and children. The task force will be formed at the district level and headed by a deputy superintendent of police for the investigation.

New Delhi, Sep 12: Madrasas are "unsuitable" places for children to receive "proper education" and the education imparted there is "not comprehensive" and is against the provisions of the Right to Education Act, the National Commission for Protection of Child Rights (NCPCR) has told the Supreme Court.

The child rights body told the top court that children, who are not in formal schooling system, are deprived of their fundamental right to elementary education, including entitlements such as midday meal, uniform etc.

The NCPCR said madrassas merely teaching from a few NCERT books in the curriculum is a "mere guise" in the name of imparting education and does not ensure that the children are receiving formal and quality education.

"A madrassa is not only a unsuitable/unfit place to receive 'proper' education but also in absence of entitlements as provided under Sections 19, 21,22, 23, 24, 25, and 29 of the RTE Act," it said.

"Further, madrasas do not only render an unsatisfactory and insufficient model for education but also have an arbitrary mode of working which is wholly in absence of a standardised curriculum and functioning," the NCPCR said in its written submissions filed before the top court.

The child rights body stated that due to the absence of provisions of the RTE Act, 2009, the madrassas are also deprived of entitlement as in Section 21 of the Act of 2009.

"A madrassa works in an arbitrary manner and runs in an overall violation of the Constitutional mandate, RTE Act and the Juvenile Justice Act, 2015. It cannot be overlooked that a child getting education in such an Institution will be devoid of basic knowledge of school curriculum which is provided in a school.

"A school is defined under Section 2(n) of the RTE Act, 2009, which means any recognised school imparting elementary education. A madrassa being out of this definition has no right to compel children or their families to receive madrassa education," the NCPCR said.

It said most of the madrassas fail to provide a holistic environment to students, including planning social events, or extracurricular activities for 'experiential learning.

In a breather to about 17 lakh madrassa students, the apex court on April 5 had stayed an order of the Allahabad High Court that scrapped the Uttar Pradesh Board of Madarsa Education Act, 2004 calling it "unconstitutional" and violative of the principle of secularism.

Observing that the issues raised in the petitions merit closer reflection, a three-judge bench headed by Chief Justice D Y Chandrachud had issued notices to the Centre, the Uttar Pradesh government and others on the pleas against the high court order.

The top court said had the high court "prima facie" misconstrued the provisions of the Act, which does not provide for any religious instruction.

The high court had on March 22 declared the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and violative of the principle of secularism, and asked the state government to accommodate students in the formal schooling system.

The high court had declared the law ultra vires on a writ petition filed by advocate Anshuman Singh Rathore.

It had said the state has "no power to create a board for religious education or to establish a board for school education only for a particular religion and philosophy associated with it."

"We hold that the Madarsa Act, 2004, is violative of the principle of secularism, which is a part of the basic structure of the Constitution," the high court had said.

The petitioner had challenged the constitutionality of the UP Madarsa Board as well as objected to the management of madrassas by the Minority Welfare Department instead of the education department.

A 19-year-old boy, studying in Class 12 in Haryana’s Faridabad, was chased in a car and shot dead by a group of five cow vigilantes who allegedly mistook him for a cattle smuggler, police said on Tuesday.

A Duster car in which the boy, Aryan Mishra, and his friends Harshit and Shanky as well as two other women seated in the back of the vehicle, was chased by the members of cow vigilante group on the night of August 23 for about 30 kilometers near Haryana’s Gadhpuri on the Delhi-Agra National Highway.

Police have identified and arrested all the five accused – Saurabh, Anil Kaushik, Varun, Krishna and Adesh. A report by Hindustan Times quoted police sources as saying that the weapon used to kill the victim was illegal.

All the five accused cow vigilantes were grilled by the cops who revealed that they had received information that on the night of August 23, some suspected cattle “smugglers” were carrying out surveillance in the city in Renault Duster and Toyota Fortuner and picking up cattle in the area.  

The accused also claimed they were told that the alleged cattle smugglers had also called their associates  to pick up cows in a truck from isolated areas in the city.  

The cow vigilantes, who were also in a car, spotted a Duster at Patel Chowk in which Aryan Mishra was seated with his friends.  

The vehicle was being driven by Harshit and was stopped by the accused, but they instead accelerated, following which they opened fire and a bullet hit Aryan Mishra, who was seated in the passenger seat, near his neck.  

After Aryan was shot, Harshit pulled over the SUV near the Gadhpuri toll in Palwal, but the attackers approached and fired another shot into Aryan Mishra’s chest, resulting in his death.

The accused saw the women in the car and realised that they had shot a wrong person after which they fled.  

Police said despite being asked to stop, Harshit sped the vehicle as Shanky, who was also in the car, was recently involved in a dispute with a man and a case had been registered against him. They thought goons were sent to kill them.

With the SUV not stopping and instead running away, the cow vigilantes thought the cattle smugglers were in it and they started to chase the vehicle which broke through the barrier at the Palwal toll plaza.  

The accused have been sent to judicial custody after being presented in a city court.