The Aparajita Bill, passed by the West Bengal Assembly in September 2024, has been sent back to the state government for further review by Governor C.V. Anand Bose. The bill, which aims to amend the Indian Penal Code (IPC) regarding the punishment for rape, has faced strong objections from the Ministry of Home Affairs (MHA) over several provisions. According to sources from Raj Bhavan, the MHA raised significant concerns about the proposed changes, particularly the suggested increase in the severity of punishment for rape under the bill.

The bill proposes an increase in the minimum sentence for rape under the Bengal Criminal Law (Amendment) Bill, 2024, from the existing 10 years to life imprisonment or even death penalty in some cases. The central government has expressed concerns that the provisions in the bill are excessively harsh and inconsistent with existing legal norms.

Key Provisions of the Bill and Government Concerns

One of the primary points of contention is the proposed change to Section 64 of the bill, which seeks to increase the punishment for rape to life imprisonment or the death penalty, depending on the case. According to the MHA’s observations, the proposed punishment is excessively severe, especially when considering the judicial discretion typically afforded in such cases. The MHA has stated that this change would violate established legal standards and Supreme Court rulings, which usually grant courts some level of discretion in sentencing.

The MHA’s comments also highlighted concerns about the removal of Section 65, which currently imposes severe penalties for the rape of girls aged 16 and 12 years or younger. This removal has raised further alarms, as it could lead to more lenient punishment for offenders targeting minors.

Section 66 Faces Major Criticism

The most significant criticism has been directed at Section 66 of the bill, which mandates the death penalty for rape cases where the victim either dies or is left in a persistent vegetative state. A persistent vegetative state is a condition where the individual appears to be awake but has no awareness. Critics argue that making the death penalty mandatory for such cases removes judicial discretion and could lead to injustice in some instances.

The Home Ministry’s stance is that the mandatory nature of the death penalty in these cases could lead to harsh and disproportionate sentences, bypassing the established principles of fairness in the judicial process. The Ministry also raised concerns that this approach could undermine the role of judges in sentencing, a critical element of the Indian legal system.

Governor’s Role in Returning the Bill

In light of these concerns, Governor C.V. Anand Bose decided to return the bill to the state government for further consideration. This decision was made after the Home Ministry’s observations were thoroughly reviewed. The Governor emphasized the need for the bill to be in line with constitutional principles and existing legal standards, particularly in relation to the judicial discretion that is an essential feature of India’s legal system.

According to sources, after receiving the feedback from the Ministry of Home Affairs, the Governor deemed it appropriate to send the bill back to the state government with a request for further review. The Governor has ensured that the matter will be handled with due diligence, keeping in mind both the legal framework and the state’s desire to provide better protection for women.

No Communication Yet on the Bill’s Status

As of now, there has been no formal communication from the state government regarding the further actions on the Aparajita Bill. A senior state official mentioned that the state government is waiting for more guidance or information from the center. “If we receive any new information, we will consider taking necessary steps,” said the official, highlighting the ongoing deliberations on the bill’s contents.

The Context of the Bill’s Passage

The Aparajita Bill was passed by the West Bengal Assembly on August 9, 2024, following the tragic incident of the alleged rape and murder of a trainee doctor at the RG Kar Medical College and Hospital in Kolkata. The bill was introduced in response to growing concerns over the safety of women in the state and aimed at sending a strong message about the government’s commitment to improving women’s security.

The bill proposed stringent punishment for convicted rapists, including life imprisonment and death penalties, in line with the government’s efforts to address increasing crime rates against women. It was passed with the intention of creating a more secure environment for women and sending a message that the government is serious about tackling such crimes.

Mamata Banerjee’s Political Strategy Behind the Bill

It is widely believed that Mamata Banerjee, the Chief Minister of West Bengal, introduced the Aparajita Bill ahead of the upcoming 2026 Assembly elections. The bill is seen as part of a larger political strategy to demonstrate the state government’s commitment to women’s safety, a topic that resonates deeply with voters. By implementing such stringent provisions, Mamata Banerjee aimed to create a strong narrative around women’s rights and security, which could potentially enhance her image and garner support among women voters.

However, the central government’s objections have led to a delay in the implementation of the bill’s provisions. This has raised questions about the effectiveness of Mamata Banerjee’s political strategy, particularly as it pertains to her efforts to solidify her position as a champion of women’s rights.

The Legal and Constitutional Implications

The primary issue with the Aparajita Bill lies in its constitutional and legal implications. By proposing mandatory death sentences in certain rape cases, the bill challenges the fundamental principle of judicial discretion, which has been a cornerstone of India’s legal system for decades. The Ministry of Home Affairs has emphasized that this approach could be deemed unconstitutional, as it would effectively undermine the judiciary’s ability to pass sentences based on the specifics of each case.

The constitutional concerns raised by the MHA could lead to a legal challenge, should the bill be implemented without modification. Legal experts have suggested that the state government may need to make substantial revisions to the bill to align it with constitutional principles, particularly regarding the removal of judicial discretion in sentencing.

The Aparajita Bill was initially introduced as a bold step to improve women’s safety in West Bengal, but the central government’s objections have put a halt to its swift implementation. While the bill’s provisions were meant to send a strong message about the government’s commitment to tackling sexual violence, the objections raised by the Ministry of Home Affairs highlight the complexities involved in balancing stringent punishment with constitutional protections.

For now, the Governor’s decision to send the bill back to the state government has created uncertainty around its future. The West Bengal government will need to carefully consider the feedback from the center and make necessary amendments to ensure that the bill not only meets the legal and constitutional requirements but also serves its intended purpose of enhancing women’s safety.

With elections on the horizon, Mamata Banerjee’s strategy to present herself as a leader advocating for women’s rights is undoubtedly a key element of her political campaign. However, the success of this strategy will depend on how effectively the state government can navigate the legal challenges and revise the bill to gain both public and legal approval.