Hours after Mamata Banerjee wrote a second letter to Prime Minister Narendra Modi over the need of a stringent Central law to deal with heinous crimes like rape and murder, the Union Women and Child Development Minister responded to it saying that the data provided by the Bengal CM was “inaccurate” and an “attempt to cover up delays” on the state’s end.
In the letter dated August 30, Annapurna Devi called on Mamata to expedite the establishment and operationalisation of Fast Track Special Courts (FTSCs) dedicated to handling cases of rape and those under the Protection of Children from Sexual Offences (POCSO) Act in the state.
The Union Minister also highlighted concerns over the state’s existing Fast Track Courts (FTCs) and urged the chief minister to ensure that justice is served swiftly and efficiently.
Mamata, in her letter on Friday, had written: “You may kindly recall my letter No.44-CM dated August 22, 2024 (copy enclosed) regarding the need for stringent Central legislation on incidents of rape and meting out exemplary punishment to perpetrators of such crimes. No reply was received from your end on such a sensitive issue. However, a reply has been received from the Minister of Women and Child Development, Government of India (vide their No. 1/RESC/HMWCD/2024 dated August 25 2024), which barely attends to the gravity of the issue raised in my letter. I am of the thought that the seriousness of the subject and its relevance to the society have not been adequately appreciated while sending out this generic reply.”
The Chief Minister also wrote that her state’s “initiatives” that “appeared to have been overlooked” in the Minister of Women and Child Development’s reply.
Replying to this, the Union Minister referenced a previous letter sent on August 25 where she had stressed the importance of stringent legislation and exemplary punishment for crimes like rape and murder.
Responding to a subsequent communication from the Bengal CM, Devi pointed out that while West Bengal has established 88 FTCs, these are not the same as the FTSCs recommended under the Central Government’s scheme. She noted that the FTCs in the state handle a broad spectrum of cases, including civil disputes, rather than being exclusively dedicated to rape and POCSO cases.
Devi further emphasised the significant backlog in the state’s justice system, with over 81,000 cases pending in the FTCs as of June 30, 2024. She expressed concern that the state has yet to operationalise an additional 11 FTSCs to meet the increasing demand, despite a backlog of 48,600 rape and POCSO cases.
In her letter, Devi also addressed the issue of staffing in the FTSCs, reiterating that existing guidelines clearly prohibit the permanent assignment of Judicial Officers to these courts. She clarified that FTSCs are meant to be staffed by judicial officers who work exclusively on cases of rape and POCSO Act offenses, underlining that no permanent posting should be made for such positions.
Reaffirming the Central Government’s commitment to combating crimes against women, Devi mentioned that the Bharatiya Nyaya Sanhita (BNS) already prescribes stringent punishments, including a minimum of 10 years of rigorous imprisonment for rape, extendable to life imprisonment or even the death penalty depending on the severity of the crime.
She also highlighted provisions in the Bharatiya Nagarik Suraksha Sanhita for the timely investigation and trial of such cases, including mandatory forensic examinations within two months of the crime.
Devi concluded by urging the West Bengal government to fully implement the central legislation and take proactive measures to ensure the proper handling of cases.
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