The Aparajita Bill, which proposes stricter penalties for rape cases, has been returned to the West Bengal state government by Governor C.V. Ananda Bose. The bill, passed by the Assembly last year, was sent to the Raj Bhavan and subsequently to the President for assent.

The Governor’s office stated that the bill violates certain constitutional provisions and even contradicts Supreme Court rulings. While the Governor typically reviews bills based on the Constitution and law, this particular bill, due to its sensitive nature, was referred to the central government and the President’s office. It was returned with concerns about “some constitutional concerns.”

Origin of the Bill

The Aparajita Bill was introduced in the Assembly following the horrific rape and murder of a young female doctor at R.G. Kar Medical College last August. The bill sought to impose harsher punishments than those currently outlined in existing laws.

Centre’s Objections and Concerns

Sources indicate that the Centre has objected to these proposed stricter penalties. Reportedly, the Raj Bhavan has sought clarification from the state secretariat (Nabanna) on several aspects of the Aparajita Bill, at the request of the President’s office. The central government has already conveyed its observations on proposed amendments in the Aparajita Bill to the Raj Bhavan.

Specifically, the Ministry of Home Affairs has deemed the bill’s proposal to amend Section 64 of the Bharatiya Nyaya Sanhita, 2023, as “overly harsh and disproportionate.” This amendment suggests increasing the punishment for rape from 10 years to life imprisonment (for life) or the death penalty.

The bill proposes scrapping Section 65

The bill also proposed scrapping Section 65, which currently differentiates penalties for rape based on the victim’s age (below 16 and below 12). Furthermore, Section 66 of the bill made the death penalty mandatory if a rape results in the victim’s death. The Home Ministry observed that this would infringe upon the judiciary’s discretionary power, which is reportedly why the Raj Bhavan returned the bill to the state government.

Trinamool Congress Reacts

Following the bill’s return, the Trinamool Congress has voiced strong objections. Party spokesperson Kunal Ghosh posted on social media, questioning: “They have objected, labelling the death penalty for rape-murder as excessively cruel? If this is true, our strong protest stands.”

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