"Home Ministry raised certain queries": Bengal Governor on returning Aparajita Bill to state govt
C V Ananda Bose has returned the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill to the state government for reconsideration, citing serious objections raised by the Centre.
Speaking to on Saturday, he said that it is the Governor's constitutional obligation to either give assent to the bill or return it to the Assembly.
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"It's a constitutional obligation of the Governor to either give assent to the bill, return it to the Assembly for reconsideration, or send it to the President for reserve. Given its broader implications, I reserved it for the President of India. Now the Home Ministry has raised certain queries, which I have also taken up with the state government for their response," said Bose.
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The Bill, passed unanimously by the West Bengal Assembly in September 2024, aims to enhance punishment for
rape and sexual offences
.
The Ministry of Home Affairs (MHA) has flagged multiple provisions in the Bill as "excessively harsh and disproportionate". The MHA has raised concerns about removing judicial discretion in sentencing, citing Supreme Court rulings that stress the importance of retaining judicial discretion.
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The Centre is of the view that removing stricter penalties for sexual assault of minors could weaken protections for vulnerable groups.
Reacting to the Governor's move on Saturday, the father of the RG Kar rape and murder victim accused Kolkata Police of tampering with evidence and failing to act in his daughter's case.
He told ANI, "Kolkata Police did nothing in my daughter's case except for evidence tampering... There was no provision for evidence tampering in this bill. It will not matter to us whether the bill is passed or not."
He also criticised Chief Minister
Mamata Banerjee
, alleging that the bill was introduced in the Assembly to "deceive the people" of the state.
"The Chief Minister introduced this bill in the Assembly to deceive the people of West Bengal. She also sent it to the Governor and the President. But they rejected the bill, which is a good thing," he said.
Earlier on Thursday, Governor CV Ananda Bose sent back the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024, to the state government.
The bill proposes the death penalty or life imprisonment for those convicted of rape and seeks to amend sections of the Bharatiya Nyaya Sanhita (BNS), the new criminal code.
The West Bengal Legislative Assembly had unanimously passed the
Aparajita Bill
on September 3, 2024. The Bill was sent to President Droupadi Murmu by the Governor on September 6, 2024.
The legislation passed, following the rape and murder of a doctor at RG Kar Medical College and Hospital in Kolkata, provides for the death penalty in five categories of offences - rape, rape by a police officer or public servant, rape causing death or resulting in a persistent vegetative state, gang rape, and repeat offenders.
According to Raj Bhawan officials, the bill proposes making the death penalty mandatory in cases where the victim dies or is left in a vegetative state under Section 66 of the BNS.
The Bill also proposes to delete Section 65 of the BNS, 2023, thereby eliminating the distinction in punishment for the rape of women under 16 and under 12 years of age, according to Raj Bhawan.
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