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New Indian Express
4 days ago
- Politics
- New Indian Express
President returns West Bengal's Aparajita Bill, flags harsh rape penalties
KOLKATA: In what appears to be a setback for the West Bengal Government, President Droupadi Murmu has recently sent the 'Aparajita Bill', passed in the West Bengal State Assembly last year, back to Raj Bhavan, Kolkata, after raising a few questions, sources said on Friday. Subsequently, West Bengal Governor CV Ananda Bose sent back the bill to the office of the Assembly Speaker. Governor of West Bengal Dr CV Ananda Bose had reserved 'The Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024' for the consideration of the Hon'ble President of India. The Government of India has since conveyed its observations on certain amendments proposed to the Bharatiya Nyaya Sanhita (BNS), 2023 through this Bill, highly placed sources in Raj Bhavan informed. 'One of the proposed amendments seeks to enhance the punishment for rape under Section 64 of the BNS, 2023, raising it from the existing minimum of 10 years to life imprisonment for the remainder of one's life or death. The Ministry of Home Affairs (MHA) has termed this change as excessively harsh and disproportionate,' sources said. Another proposed amendment seeks to delete Section 65 of the BNS, 2023. 'Thereby it is removing the distinction in punishment for rape of women under 16 and 12 years of age. The MHA has observed that the removal of such classification violates the principle of proportionality in sentencing,' sources revealed.
The Hindu
4 days ago
- Politics
- The Hindu
West Bengal Governor returns Aparajita Bill to State govt. for reconsideration
Raising concerns over the death penalty provisions in The Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024, West Bengal Governor C.V. Ananda Bose has returned the legislation to the State government for further consideration. 'One of the proposed amendments seeks to enhance the punishment for rape under Section 64 of the BNS, 2023, raising it from the existing minimum of 10 years to life imprisonment for the remainder of one's life or death. The Ministry of Home Affairs has termed this change as excessively harsh and disproportionate,' an official of Raj Bhawan, Kolkata, said. The West Bengal Legislative Assembly had unanimously passed the Aparajita Bill on September 3, 2024, introducing stringent punishment in cases involving sexual assault. The Bill was sent to President Droupadi Murmu by the Governor on September 6, 2024. The legislation, which was passed 25 days after the rape and murder of a doctor at R.G. 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. Raj Bhawan officials pointed out that the Bill proposes to make the death penalty mandatory in cases where the victim dies or is left in a vegetative state under Section 66 of the BNS. 'The Ministry of Home Affairs has raised concerns over the removal of judicial discretion in such cases,' the official said. According to Raj Bhawan, 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. 'The Ministry has observed that the removal of such classification violates the principle of proportionality in sentencing,' the official added. The development comes amid repeated appeals by the Trinamool Congress government urging the Union government to grant assent to the Bill. A delegation of Trinamool Congress MPs met President Droupadi Murmu on February 13, to press for early approval of the legislation. Certain legal experts had described the Aparajita Bill as a knee-jerk response by the West Bengal government.
