Centre calls death penalty clause in Aparajita Bill 'excessively harsh'

Business Standard

3 days ago

West Bengal Governor C V Ananda Bose has sent the Aparajita Bill back to the state government for consideration of the serious objections raised by the Centre over the proposed changes to the Bharatiya Nyaya Sanhita that the legislation seeks, a highly placed source in the Raj Bhavan said.
The Centre, in its observation, found that the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, passed in the assembly in September 2024, seeks changes in punishment for rape under multiple sections of the BNS that are "excessively harsh and disproportionate," the source said.
The state government, however, maintained it has no intimation so far from the central government or the governor's office regarding their "observations" on certain provisions in the Bill.
The Bill proposes enhancement of punishment for rape from the existing minimum of 10 years under the BNS to life imprisonment for the remainder of one's life or death.
"The Ministry of Home Affairs (MHA) has flagged multiple provisions in the Bill as problematic. After taking note of the MHA observation, the Governor has referred those for appropriate consideration to the state government," the source told PTI.
"The Centre has described the proposal of amendment to Section 64 of the BNS to increase the punishment for rape from a minimum of 10 years to life imprisonment for the remainder of the convict's life or the death penalty as excessively harsh and disproportionate," he said, referring to the MHA's observation.
The other controversial change is the proposed deletion of Section 65, which currently provides stricter penalties for rape of girls aged under 16 and 12.
"The removal of this classification undermines the principle of proportionality in sentencing and could reduce legal protections for the most vulnerable victims," he said.
However, the clause drawing the sharpest criticism is the one under Section 66, which seeks to make the death penalty mandatory in rape cases where the victim either dies or is left in a persistent vegetative state.
"The ministry has raised constitutional concerns, arguing that removing judicial discretion in sentencing violates established legal norms and Supreme Court rulings," the source said.
The Bill was recently reserved by Governor Bose for the consideration of the President of India.
"As of now, there is no communication from anyone with regard to the Aparajita Bill. We will consider taking suitable measures, as per requirements in the matter, if and when we receive such intimation," a senior bureaucrat of the state said.
The West Bengal assembly had unanimously passed the Bill nearly a month after the alleged rape and murder of a postgraduate trainee doctor at Kolkata's RG Kar Medical College and Hospital on August 9, 2024.
Lashing out at the Centre for not giving its sanction to the Bill, Trinamool Congress leader and spokesperson Kunal Ghosh on Friday evening said crimes against women in Bengal have declined compared to the levels during the former Left Front regime.
"Crimes against women is comparatively lower to what reported in BJP-ruled states. Here, police take action within 24 hours and ensure that the culprits are punished," Ghosh said.
"We want the Bill to be approved. If it is denied approval, it will show that while Mamata Banerjee is committed to punishing culprits, the BJP stands in contrast — they oppose capital punishment. In fact, individuals accused of rape sit beside them in Parliament," Ghosh alleged.
"We got information that the Centre after sitting idle on the Bill for months has returned it to the governor. The governor has returned it to the state. We will find out if this is true," Ghosh said.
He added that party supremo Banerjee would speak on this at the appropriate time.
BJP MLA Agnimitra Paul questioned the necessity of a separate Bill for West Bengal, pointing out that the Bharatiya Nyay Sanhita (BNS) is already being implemented nationwide.