KOLKATA: West Bengal Governor C V Ananda Bose has sent the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill back to the state Assembly for reconsideration, following objections raised by the Union Home Ministry over key provisions that modify sections of the Bharatiya Nyaya Sanhita (BNS), according to a senior Raj Bhavan official.
Passed in September 2024, the bill proposes stringent amendments to existing laws on rape, including significantly harsher punishments. However, the Centre has reportedly flagged several clauses as “excessively harsh” and inconsistent with constitutional and legal principles.
Key Objections from the Centre
One of the most contentious elements is an amendment to BNS Section 64, which proposes increasing the punishment for rape from a minimum of 10 years to either imprisonment for the remainder of the convict’s life or mandatory death penalty. The Ministry of Home Affairs (MHA) has reportedly argued that such a provision undermines the principle of proportionality and may not withstand judicial scrutiny.
The bill also seeks to delete BNS Section 65, which currently prescribes enhanced punishment for sexual assault against minors. The Centre believes that eliminating this provision could dilute legal safeguards for children — a move that contradicts the rationale for age-based protections in sexual violence laws.
However, the most controversial clause, as per sources, is under Section 66, which makes the death penalty mandatory in rape cases where the victim dies or is left in a vegetative state. The MHA has raised serious constitutional concerns, pointing out that mandatory capital punishment removes judicial discretion and violates established Supreme Court rulings that stress the importance of individualized sentencing.
State Government Unaware of Formal Communication
Despite the Raj Bhavan’s move, the West Bengal government claims it has not received any official notification from either the Centre or the Governor’s office about the objections. “We are yet to receive any formal communication regarding the reasons for the bill’s return,” said a senior state official.
Precedents and Political Fallout
The Aparajita bill isn’t the first of its kind to face legal roadblocks. Similar state-level bills — like the Andhra Pradesh Disha Bill (2019) and Maharashtra’s Shakti Bill (2020) — also proposed mandatory death sentences for rape and gang rape, but failed to receive Presidential assent due to similar concerns.
Reacting to the latest development, the ruling Trinamool Congress accused the BJP-led central government of politicising the issue. “The rejection of the Aparajita bill is unfortunate, deplorable, and condemnable,” said TMC spokesperson Kunal Ghosh. “This proves the BJP is unwilling to impose the strictest punishments in such heinous crimes, especially as several of their leaders have been accused of sexual offences.”
As the bill’s future hangs in uncertainty, the debate over balancing justice, deterrence, and judicial discretion in rape laws continues — with both legal experts and political leaders deeply divided on the best path forward.
