'Strict Laws Against Rape Already Exist': Centre's Reply To WB CM Mamata Banerjee's Letter To PM Modi

The Centre on Friday urged the West Bengal government to implement existing stringent laws and punishments for rape and crimes against women. Union Women and Child Development Minister Annapurna Devi criticised the state for not activating 11 additional Fast Track Special Courts (FTSCs) designed to handle rape and Protection of Children from Sexual Offences (POCSO) cases. Despite 48,600 pending cases in West Bengal, these FTSCs, which could be specialised for POCSO cases or handle both types of cases, remain unoperationalised.

Earlier, West Bengal Chief Minister Mamata Banerjee had called on Prime Minister Narendra Modi to strengthen central legislation and ensure exemplary punishment for severe crimes following the outrage over the rape and murder of a trainee doctor at Kolkata's RG Kar Medical College and Hospital on August 9. Banerjee's requests included provisions for expedited handling of rape and murder cases.

In her response, Devi emphasized that the West Bengal government’s 88 Fast Track Courts (FTCs) are not equivalent to the FTSCs supported by the central government, which focus on serious crimes like rape and POCSO cases. The FTCs, funded by the state and dealing with a broader range of cases, do not align with the central FTSC scheme designed to expedite justice in specific severe cases. Devi also noted that there were 81,141 pending cases in FTCs as of June 30, 2024.

Devi dismissed Banerjee’s concerns about the need for permanent judicial officers in FTSCs, stating that each FTSC is to be staffed by one judicial officer and seven support staff dedicated to handling rape and POCSO cases. Devi reiterated that additional staff could be engaged on a contractual basis if needed, as previously outlined in a December 2023 letter from the Department of Justice.

Severe Punishments For Rapists Already Exist

The central legislation, including the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), already prescribes severe punishments for rape, including life imprisonment or death, depending on the severity of the crime. The BNSS also mandates that investigations, including forensic examinations, be completed within two months of filing an FIR and that trials be concluded within two months of the chargesheet.

Devi urged the West Bengal government to follow these central laws rigorously to ensure justice for victims and strengthen the criminal justice system. Her letter, sent amid national outrage over the doctor’s death, also called for the effective handling of such cases in adherence to legal timelines.

The West Bengal government, led by the Trinamool Congress, faces criticism for its handling of the case, which is now under investigation by the Central Bureau of Investigation (CBI). Protests demanding justice and stricter action have erupted in Kolkata and across the country.