West Bengal Governor C V Ananda Bose has returned the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill to the state government, urging it to respond to the serious objections raised by the Centre regarding its proposed amendments to the Bharatiya Nyaya Sanhita (BNS). He added that the legislation, due to its wide-ranging impact, warranted a thorough examination by the President of India.
Speaking to reporters at Raj Bhavan on Saturday, Governor Bose said, “The Aparajita Bill was larger in its context and content. Therefore, I thought that it was something that required the examination of the President of India. Now, the Centre has raised certain queries, which I have asked the state government to answer. I want the state government to be fully involved in this.”
The Bill, passed unanimously by the West Bengal Assembly in September 2024, seeks to enhance punishment for rape and sexual offences, particularly in the wake of public anger following the alleged rape and murder of a postgraduate trainee doctor at Kolkata’s RG Kar Medical College on August 9, 2024.
Centre flags key provisions as 'harsh and disproportionate'
According to Raj Bhavan sources, the Ministry of Home Affairs (MHA) has flagged several provisions of the Bill as “problematic,” particularly those relating to sentencing for rape under the BNS. The most contentious proposal is an amendment to Section 64 of the BNS, which increases the punishment for rape from a minimum of 10 years to life imprisonment for the remainder of the convict's life or the death penalty. The Centre argues that this strips judges of discretionary powers and may conflict with Supreme Court guidelines.
Another key objection concerns the deletion of Section 65, which currently mandates stricter penalties for rape involving girls under 16 and 12 years of age. Officials warn that this change undermines proportional sentencing and endangers protections for vulnerable minors.
Section 66 of the Bill, which prescribes a mandatory death sentence for rape cases resulting in death or a persistent vegetative state, has also drawn criticism from the Centre on constitutional grounds.
Governor clarifies his constitutional role
Explaining his decision, Governor Bose said, “There are three options before a governor: to give assent, to send the Bill back to the assembly for reconsideration, or to refer it to the President. I have used the third option, in this case, considering the nature of the objections.”
A senior state bureaucrat, however, said the government had yet to receive formal communication. “As of now, there is no communication from the Centre or the Governor’s office. We will take suitable steps as required, once we receive official intimation,” the official said.
Legislative path uncertain
With the Bill now being reviewed for presidential consideration, the legislative future of the Aparajita Bill remains unclear. While the Bill was aimed at addressing serious public concern about sexual violence, especially against women and children, the constitutional and legal challenges flagged by the Centre may require significant revisions before it can become law.
