Centre responds to Mamata Banerjee's letter to PM Modi: Highlights existing strict laws on sexual assault

PTC News Desk: Union Women and Child Development Minister Annapurna Devi on Friday responded to West Bengal Chief Minister Mamata Banerjee's recent letter to Prime Minister Narendra Modi, urging for more stringent central legislation on crimes like rape and murder. In her letter to Banerjee, Devi emphasised that India already has strict laws and severe punishments in place for such crimes, and she called on the West Bengal government to implement these laws effectively.

Devi highlighted that despite a backlog of 48,600 cases related to rape and the Protection of Children from Sexual Offences (POCSO) Act in West Bengal, the state government had not operationalised an additional 11 Fast Track Special Courts (FTSCs) as required.

These courts are specifically designed to handle cases of rape and POCSO, either as exclusive POCSO courts or combined FTSCs. She made this statement in a letter, a copy of which was shared on her social media account.

Earlier on Friday, Mamata Banerjee had written to Prime Minister Modi for the second time, reiterating her demand for stricter central laws and swift, exemplary punishment for heinous crimes like rape and murder. This letter followed widespread outrage over the brutal rape and murder of a trainee doctor at Kolkata's RG Kar Medical College and Hospital on August 9. Banerjee had also called for mandatory, time-bound disposal of cases related to rape and murder.

In her letter, Devi pointed out that the West Bengal government had set up 88 Fast Track Courts (FTCs), which are not the same as the FTSCs covered under the central government’s scheme. The FTCs, funded by the state governments and established in consultation with the High Courts, deal with a broader range of cases, including civil disputes, land acquisition, property/rent disputes, and cases involving vulnerable groups such as senior citizens, women, children, and persons with disabilities. Devi noted that as of June 30, there were 81,141 cases pending in these FTCs.

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Devi accused Banerjee of providing incorrect information in her letter to the Prime Minister, suggesting it was an attempt to obscure the delays in operationalizing the FTSCs in West Bengal. She further clarified that under the FTSC scheme, a dedicated judicial officer and a team of seven staff members are required to work exclusively on cases of rape and POCSO.

The state cannot assign these duties as additional charges to permanent judicial officers or court staff. This position was reiterated in a letter from the Department of Justice on December 12, 2023, which stated that in cases of insufficient workforce, states and union territories have the option to hire judicial officers and court staff on a contractual basis.

Devi also outlined that the Bharatiya Nyaya Sanhita (BNS) already prescribes stringent punishments for rape, including a minimum of 10 years of rigorous imprisonment, which can extend to life imprisonment or even the death penalty, depending on the severity of the crime. Furthermore, the Bharatiya Nagarik Suraksha Sanhita (BNSS) mandates that investigations, including forensic examinations in rape cases, be completed within two months from the date of the FIR, and trials must be concluded within two months from the filing of the chargesheet.

Devi asserted that the existing central laws are comprehensive and stringent enough to address crimes against women and urged the West Bengal government to implement these laws in their entirety to strengthen the criminal justice system and ensure justice for victims. She called for better sensitization and a positive approach from all duty holders to handle cases with due care and bring them to a timely resolution as per the statutes.

The letter from Devi came amid national outrage over the rape and murder of the trainee doctor, whose body was discovered in the seminar hall of RG Kar Medical College and Hospital on August 9. Sanjoy Roy, a civil volunteer with Kolkata Police, was arrested in connection with the crime and has been remanded to judicial custody until September 6.

The Trinamool Congress government in West Bengal has faced severe criticism over its handling of the case, which is now being investigated by the Central Bureau of Investigation (CBI). Protests have erupted in Kolkata and across the country, with demonstrators demanding justice for the victim and stringent action against the perpetrators.

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