Daijiworld Media Network - Kolkata
Kolkata, Jul 25: West Bengal Governor CV Ananda Bose has returned the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024 to the state government, triggering sharp political reactions and renewed focus on women’s safety in the state.
The bill, introduced by Chief Minister Mamata Banerjee, was drafted in the aftermath of the alleged rape and murder of a junior doctor inside RG Kar Medical College and Hospital in Kolkata. It aimed to enhance punishment for rape, ensure swift investigations, and deliver speedy justice in sexual assault cases.
After being passed in the Assembly, the bill was sent to the President for assent, but it has now been returned to the state with multiple objections raised.
The Governor's office noted that the proposed punishment—ranging from life imprisonment for the remainder of one’s life to mandatory death penalty in specific cases—was “disproportionate and excessively harsh.” The move to delete Section 65, which currently distinguishes the severity of punishment based on the age of the rape victim (under 12 and under 16), was also rejected. The objection stated that removing this classification violated the principle of proportionality in law.
Additionally, the bill’s provision making death penalty mandatory in cases where the victim dies or is left in a vegetative state was turned down on constitutional grounds. Citing the landmark Supreme Court ruling in Mithu vs State of Punjab (1983), the objection emphasized that judicial discretion in sentencing cannot be eliminated.
The return of the bill has sparked political outrage in the ruling Trinamool Congress. State general secretary Kunal Ghosh questioned the Centre’s intent behind rejecting a bill aimed at women’s safety.
“Why was the Aparajita Bill returned? Was the death penalty termed too cruel? If that is the reason, we will launch a strong protest. Mamata Banerjee has taken the strictest stance on protecting women, unlike the BJP, whose mentality is now exposed,” Ghosh said.
The development comes amid rising concerns over women’s safety in Bengal, following recent incidents, including the rape of a student from Kasba Law College. The Trinamool Congress has vowed to reintroduce and push for the bill despite the setback.