West Bengal Assembly Passes Bill Making Death Penalty Mandatory For Rape-Murder Cases

After the Horrific Death of a Junior Doctor in Kolkata last month that sparked widespread protests, the West Bengal assembly on Tuesday unanimously approved a strict new bill that attempted to make the death penalty mandatory in cases involving rape and murder. This set the stage for a drawn-out political battle.

The Bharatiya Nyaya Sanhita (BNS) sought to amend many parts, and State Minister Mamata Banerjee Introduced the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024. It is suggested that rape, acid assaults by gangs, and repeat criminals receive life in jail as punishment. Except for a life sentence or a minimum of 20 years in prison, the death penalty is the only sanction under BNS if rape results in the victim's death or place her in a chronic vegetative state. The death penalty is suggested for murder and rape. A three-to-five-year prison sentence was suggested in exchange for disclosing the victim's identification.

In order to guarantee time-bound trials, more expedited courts, and increased infrastructure for law enforcement agencies, the bill also suggested amending certain provisions of the Bharatiya Nagarik Suraksha Sanhita and the Protection of Children from Sexual Offenses (POCSO) Act, 2012.

The BJP claimed that Banerjee was trying to deflect attention from the outrage surrounding the crime in Kolkata when she made reference to crimes against women in BJP-ruled states like Uttar Pradesh and called for the resignation of Union Home Minister Amit Shah and Prime Minister Narendra Modi.

"We wanted the Center to revise its current legislation and add stronger provisions to guarantee that offenders receive model punishment and victims receive justice more quickly. They were not excited about it. We moved first for that reason”, Banerjee stated in the assembly.

“This bill, once enacted, can serve as a model for the rest of the country.”

The Constitution places criminal law on the concurrent list, which gives the state and federal legislatures the power to alter it simultaneously. As long as state laws do not contradict federal law, they are allowed to be passed. The central law is the governing body in situations when there is controversy or repugnancy.

On the other hand, a state law that conflicts with federal law takes effect in that state once it is ratified by the President. All eyes will now be on Governor CV Ananda Bose, who has a history of conflict with the state government over delaying approvals for previous laws. Bose is expected to refer the bill for presidential assent.

Presidential assent has not yet been granted to two other measures that are
comparable to this one: the 2020 Shaktik Bill in Maharashtra, which would have enhanced sentences for crimes against women, and the 2019 Disha Bill in Andhra Pradesh, which would have required harsher penalties for some crimes against women. A confrontation broke out in the assembly about the bill's future. Although the Bharatiya Janata Party (BJP) supported it, they questioned whether the state framed it in accordance with the constitution.

Suvendu Adhikari, the leader of the opposition, stated, “The death penalty is already covered under BNS. However, our chief minister expressed doubts about BNS when it was first established. We'll wait and see if she can frame laws from this bill."

In Response, Banerjee shot back at him. "Please instruct the governor to sign the measure so that the President can sign it. Even after that, we'll see how the law is not written," She said to Adhikari.

She had already vowed to go on an agitation if Bose doesn't sign the legislation. Banerjee stated that Bengal was not the first state to seek tougher legislation to combat crime against women, citing examples from Andhra Pradesh and Maharashtra. An illness requires a treatment. “A disease needs a cure. Conviction rate in rape cases is very low in this country,” the speaker stated.

Author:
Aarya Kadam (News Writer) is a final-year BBA student and a creative writer with a passion for current affairs and legal judgments.