Governor CV Ananda Bose returns Aparajita Bill to Bengal government; Trinamool slams move, plans protests
The Aparajita Bill, which seeks to amend state criminal laws to enhance punishment in cases of sexual assault, was tabled by Chief Minister Mamata Banerjee has been rejected by the Governor. He has cited the principle of proportionality and said that the punishments were "excessively harsh." Trinamool Congress state general secretary Kunal Ghosh questioned the Governor's and BJP's motives.
New Delhi: West Bengal governor CV Ananda Bose returned the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024, to the state government.
The Aparajita Bill, which seeks to amend state criminal laws to enhance punishment in cases of sexual assault, was tabled by Chief Minister Mamata Banerjee in the aftermath of the rape and murder case of a junior doctor at the RG Kar Medical College and Hospital. The bill aimed to increase the minimum punishment for rape from 10 years to life imprisonment for the remainder of the convict's life or death. It also mandated the death penalty in cases where the victim died or was left in a vegetative state.
Governor raises 'objections' to the bill
However, the governor has raised constitutional and legal objections to this law. He has cited the principle of proportionality and said that the punishments were "excessively harsh." The proposed deletion of Section 65, which distinguishes between rape of girls below 12 and 16 years, was also rejected. The governor said that it removed vital legal distinctions between degrees of offence.
The move to make the death penalty mandatory in some cases was flagged as unconstitutional. It violated the Supreme Court's landmark "Mithu vs State of Punjab (1983)" judgement, the governor said.
In February, a delegation of TMC leaders met President Murmu and urged her to give assent to the bill. The bill, which had earlier been forwarded to the President for assent, has now been returned to the Bengal Assembly without approval.
TMC questions BJP's intentions
Trinamool Congress state general secretary Kunal Ghosh questioned the governor's motives. "Why was the Aparajita Bill returned? Are they saying death for rapists and murderers is excessively cruel? If true, we will launch strong protests. Mamata Banerjee is committed to ensuring the strictest laws for women's safety. BJP's mentality has now become clear," Ghosh said.
The recent South Calcutta Law College rape case raised various questions including ministers Chandrima Bhattacharya and Shashi Panja pointing to the delay in the Presidential approval of the Aparajita Bill.
The Bill proposes increasing enhanced punishment for rape from the current minimum of ten years under the BNS to life imprisonment for the rest of one's life or death.