West Bengal Governor Requests Revisions to Controversial Aparajita Bill

Governor's Action on the Aparajita Bill

CV Ananda Bose, the Governor of West Bengal, has sent the 2024 Aparajita Bill back to the state government for further consideration, particularly regarding the concerns raised by the central government about the proposed death penalty clauses in the legislation.

One significant amendment in the bill aims to elevate the punishment for rape under Section 64 of the Bharatiya Nyaya Sanhita from a minimum of 10 years to either life imprisonment or the death penalty.

According to reports, the Ministry of Home Affairs has described this proposed change as 'excessively harsh and disproportionate,' as stated by an anonymous official from Raj Bhawan.

Moreover, the bill suggests that the death penalty should be mandatory in cases where the victim dies or is left in a persistent vegetative state, as outlined in Section 66 of the BNS.

Concerns have also been raised by the ministry regarding the elimination of judicial discretion in such severe cases.

As of now, the state government has not issued any comments regarding these developments.

In September 2024, the West Bengal Assembly had unanimously approved the Aparajita Women and Child West Bengal Criminal Laws Amendment Bill.

The state government emphasized that this legislation aims to foster a 'safer environment for women and children' by enforcing stricter penalties for rape and related offenses.

The bill seeks to amend various sections of the Bharatiya Nyaya Sanhita that deal with punishments for acid attacks, rape, gang rape, and the disclosure of a rape victim's identity. It also proposes to eliminate leniency for juvenile sex offenders.

The legislation includes a provision for the death penalty for those convicted of rape.

This bill was introduced in the context of significant protests following the rape and murder of a doctor at Kolkata's RG Kar Medical College and Hospital in August 2024.