GOVERNOR C V Ananda Bose has sent the Aparajita Bill back to the West Bengal 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.
A senior official at the Raj Bhavan, who did not wish to be named, said, “The Governor 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 Centre has since conveyed its observations on certain amendments proposed to the Bharatiya Nyaya Sanhita, 2023 through this Bill.”
The official said, “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. Another proposed amendment seeks to delete Section 65 of the BNS, 2023, thereby removing the distinction in punishment for rape of women under 16 and 12 years of age. The Ministry has observed that the removal of such classification violates the principle of proportionality in sentencing.”
He added, “Additionally, the Bill proposes to make the death penalty mandatory for cases involving the victim’s death or persistent vegetative state under Section 66 of the BNS. The Ministry has raised concerns over the removal of judicial discretion in such cases. Raj Bhavan has taken note of these observations and has referred them for appropriate consideration.”
The West Bengal government, however, did not react immediately to the development, with sources claiming on Friday evening that there is “no communication yet from the Raj Bhavan regarding the matter.
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.
Another change that prompted the Centre’s concern 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.
“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.
– WITH PTI INPUTS