NEW DELHI: Trinamool Congress (TMC) lawmakers on Thursday asked President Droupadi Murmu to expedite grant of the presidential assent to the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024 which was passed by the state assembly last year.
Bengal governor CV Ananda Bose reserved the stringent new bill, which sought to make the death penalty mandatory in cases involving rape and murder, for the President’s consideration on September 6.
“The bill was passed in the West Bengal assembly with the support of the Opposition, but it has not yet been considered by the President’s office. We had an extensive meeting and discussion with the President. We submitted the details of the bill along with our demands,” TMC Lok Sabha parliamentary party leader Sudip Bandyopadhyay told reporters after 11 MPs met the President.
In a representation submitted to the President, the TMC said the bill was proposed to ensure the swift and effective resolution of rape cases through mandatory measures, preventing delays or denial of justice. “By setting specific timeframes for investigation and trial, the bill will help restore public confidence and create a strong deterrent against such heinous crimes,” the representation said.
The bill was unanimously cleared by the Bengal assembly on September 3, weeks after the grisly death of a junior doctor in Kolkata that sparked sweeping protests and nationwide outrage.
It sought to change several sections of the Bharatiya Nyaya Sanhita (BNS) that came into force from July 1. Under BNS, if rape results in the victim’s death or leaves her in a persistent vegetative state, death penalty is not mandatory, and the minimum sentence is 20 years in jail .
For rape and murder, the proposed punishment was death. For revealing the identity of the victim, a jail term between three and five years was proposed.
The bill proposed amendments to various sections of the Bharatiya Nagarik Suraksha Sanhita and Protection of Children from Sexual Offences (Pocso) Act, 2012 to ensure timebound trial, more fast-track courts, and added infrastructure for law enforcement agencies.
Criminal law falls under the concurrent list of the Constitution, meaning both the state and central legislatures have the authority to make amendments. States can enact their own laws as long as they do not conflict with central legislation. In cases of conflict or repugnancy, the central law takes precedence. However, if a state law that has a conflict with a central legislation receives the President’s assent, it becomes effective within that state.
In a post on X, Raj Bhavan defended the decision to refer the bill to the President, pointing out that the West Bengal bill would join the lot of similar other bills pending with the President from Maharashtra, Andhra Pradesh and Arunachal Pradesh.
It was a reference to similar bills in the past – a 2019 Andhra Pradesh bill mandating stricter punishments for certain crimes against women and a 2020 Maharashtra legislation enhancing punishments for crimes against women – that have not yet received presidential approval.