In letter vs letter, Government writes back to Mamata over Kolkata rape-murder case
- In Reports
- 01:02 PM, Aug 31, 2024
- Myind Staff
Just hours after West Bengal Chief Minister Mamata Banerjee sent a second letter to Prime Minister Narendra Modi on Friday, urging for stricter central laws and harsher punishments for heinous crimes like rape and murder, following the Kolkata doctor's rape-murder case, the Centre responded by stating that the existing laws are already stringent enough to address violence and crimes against women.
In her letter dated August 30, Union Minister for Women and Child Development Annapurna Devi said the information contained in Banerjee's letter is “factually incorrect”. She said, “The information contained in your letter in this regard is factually incorrect and appears to be a step in the direction to cover up the delays in operationalising the FTSCs by the State.”
Devi mentioned that the state government has not yet made operational the additional 11 Fast Track Special Courts (FTSC) designated to specifically handle rape and POCSO cases.
"With regard to the information contained in your letter about the status of Fast Track Special Courts (FTSCs) and exclusive POCSO Courts in West Bengal, I may mention that according to information received from the Calcutta High Court, West Bengal has established 88 Fast Track Courts (FTCs), which are not the same as the Fast Track Special Courts (FTSCs) covered under the Central Government Scheme as referred in my earlier D.O. letter dated 25.08.2024," the letter read.
"Despite the pendency of 48,600 rape and POCSO cases in West Bengal, the state has not operationalised additional 11 FTSCs which may be exclusive POCSO Courts or combined FTSCs dealing with both rape and POCSO cases, as per the state's requirement. As may be seen, the information contained in your letter in this regard is factually incorrect and appears to be a step in the direction of covering up the delays in operationalizing the FTSCs by the state," the letter read.
The Union minister also pointed out that under the Bharatiya Nyaya Sanhita, there are already strict punishments for rape, including a minimum of 10 years of rigorous imprisonment, which can be extended to life imprisonment or even the death penalty.
“As regards, stringent legislation and exemplary punishment on heinous crimes like rape/ rape and murder, I reiterate my earlier communication conveying that stringent punishments for rape/ rape with murder already exist in the Bharatiya Nyaya Sanhita (BNS),” the letter read.
It stated, “It [BNS] prescribes for a minimum of 10 years of rigorous imprisonment for rape and extendable upto life imprisonment for the remainder of the natural life of the convict or with death, depending on the severity of the crime.”
"As regards, the mandatory provision for the disposal of cases in a specific time frame by the trial authorities, I would like to mention that the BharatiyaNagarik Suraksha Sanhita (BNSS) has the provision for the completion of an investigation that also includes forensic examination in cases of rape, within two months from the filing of the charge sheet," she added in the letter.
Devi emphasised the importance of adhering to central legislation to strengthen the criminal justice system and ensure justice for victims. She concluded by urging Banerjee to ensure that cases are handled properly and that duty holders are sensitised to resolve cases within the prescribed timelines.
“I reiterate that the enactments by the Central Government are comprehensive and stringent enough to tackle the violence and crimes against women,” Devi said.
She added that if the West Bengal government follows the central legislations “in letter and spirit, it will certainly have a lasting impact on strengthening the criminal justice system…”
"I once again request you to ensure due sensitisation and a positive approach of all duty holders at appropriate levels to ensure proper handling of cases with due care and attention to bring finality as per the timelines prescribed under the statutes," Devi added.
Mamata Banerjee, who recently wrote to PM Narendra Modi following nationwide outrage over the rape and murder of a 31-year-old woman trainee doctor at the RG Kar Medical College and Hospital in Kolkata on August 9, requested the implementation of mandatory provisions for the time-bound disposal of rape and rape-murder cases.
Image source: Hindustan Times
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