The two-day special session of the West Bengal Legislative Assembly begins on Monday. Assembly proceedings will be adjourned on Monday after paying tributes to the deceased. At the same time, on Tuesday, Mamata Banerjee’s government will bring a bill to provide death penalty to rape accused within 10 days. Questions are being raised on Mamata Banerjee’s government bringing a bill in the assembly regarding the death penalty for rape accused. BJP is attacking Mamata Banerjee’s government regarding this. The BJP has demanded inclusion of the dead in the list of tributes in the assembly and termed the anti-rape bill in the assembly as politics.
The CBI is probing the rape-murder case of a trainee doctor at Kolkata’s RG Kar Medical College and Hospital. Mamata Banerjee has already demanded capital punishment for the accused. CM Mamata Banerjee has written twice to the Prime Minister raising the issue of provision of death penalty and early trial in cases like rape.
Union and Child Development Minister Annapurna Devi responded to Mamata’s letter. There he said that the Indian Judicial Code has come into force from July 1. The Indian Penal Code provides for stricter punishments to prevent violence against women. He also pointed out the indifference of the state government regarding the establishment of fast track courts in the state. In the letter, the Union Minister wrote that as of June 30 this year, 48,600 rape and pox cases were pending in West Bengal. Despite this, the West Bengal government has not taken any initiative to set up 11 more fast track courts.
The TMC Mahila Morcha has demanded capital punishment
On Sunday, a procession was taken out by the Trinamool Congress Mahila Morcha demanding death sentence for the accused. West Bengal government minister Chandrima Bhattacharya said that Mamata Banerjee had announced that a bill seeking capital punishment for rape accused would be introduced. The bill will be introduced during a special session on September 2-3 and will be sent to the President through the Governor. He said that he hoped that the bill would become a law after the assent of the President.
# Look KOLKATA: The TMC protested against the rape and murder incident at RG Kar Medical College and Hospital.
West Bengal government minister Chandrima Bhattacharya said, “On August 28, our leader (Mamata Banerjee) instructed the Trinamool Mahila Congress that on September 1 in every block. pic.twitter.com/5gl85igjP0
— ANI_HindiNews (@AHindinews) September 1, 2024
Let us tell you that the Cabinet meeting was held on Wednesday (August 28). It was here that the anti-rape bill was allowed to be introduced in the assembly. A special session of the Legislative Assembly will be convened on September 3 and the bill will be introduced.
If Mamata introduces the bill, know why questions are being raised
In such a situation many questions have arisen. There are central laws for punishment in cases like rape. Can a state still enact a separate anti-rape law? How can that law be effective in the state? Know what the lawyers have to say about this-
Kolkata murder case Mamata Banerjee
Retired Supreme Court judge Ashok Kumar Gangopadhyay says that the state can enact legislation if it wants. Criminal law is mentioned in Item-1 of the Concurrent List of the Constitution of India. In such a situation, there is no bar in bringing the law if the state wants to. The retired judge said that after the bill is passed in the assembly, it should be sent to the governor for approval. It will then go to the President. This law will be implemented in the state only after the approval of the President. Retired Justice Ashok Kumar Gangopadhyay said that even if the law is effective, it will not be effective in the RG Tax case or any previous incident. This Act applies to cases subsequent to its passing.
Know what the legislators said about this bill
Retired Chief Justice of Calcutta High Court Debashish Kargupta says that no law can be made which is against any section of the central law. Further, such bills are subject to the prior assent of the President. This means that the state has to send the bill to the President first. If he has any doubts, he can consult the Supreme Court as per the Constitution. If the President seeks advice, there will be a full hearing in the Supreme Court. The Supreme Court can advise the President after hearing everything. Law can be made only when all doubts are removed.
Image of protest.
Senior advocate Arunabh Ghosh says that implementing such a law is practically impossible. Rape cases are punishable by death in Bengal and this is not possible in other states. In case of conflict between a Central Act and a State Act, the Central Act shall prevail. There will be no state law. The Indian Constitution says that even if state laws are made, if there is any conflict with the central law, the central law will prevail.
These states have passed the bill before Bengal
Before West Bengal, two other states have taken the initiative to introduce their own laws to curb criminal offenses in the state. The Andhra Pradesh Assembly passed a bill in December 2019 to end violence against women. In November of the same year, there was an uproar over the gang-rape and murder of a 26-year-old veterinarian in Hyderabad. A direction bill was then unanimously passed in the Andhra Pradesh Legislative Assembly for speedy punishment of criminals. That bill is now stuck with the President.
Protest against brutality against doctors in Kolkata.
A few years after Andhra Pradesh, Maharashtra tried to introduce its own law to prevent criminal offences. In December 2021, the Maharashtra Assembly unanimously passed the Shakti Bill. The bill was sent to the President. The bill mentions death penalty for atrocities on children and women. That bill is still pending with the President. According to sources, the President said that the state’s own laws in the area of criminal offenses should conform to the laws of the Centre. After the Badlapur school tragedy in Maharashtra, there has been a demand to pass this bill.
Mamata is demanding death sentence
According to political sources, the ruling party has sent a message to the people of the state that they are ready to punish the culprits. That is why this bill is being brought. If the bill is passed by the legislature, it will go to the governor and the president, a message can be sent to the citizens of the state. Fingers will be pointed at the Center for not passing the law. Earlier, Trinamool had passed a resolution against CAA in the assembly. The message reached the general public that the state was not supporting the Centre’s implementation of the CAA.
Mamata had written a letter to PM Modi.
What will happen after the anti-rape bill is passed in the West Bengal Assembly on September 3? Will the Governor and President approve? Or will Bengal’s bill also stall like the other two states? The opposition is questioning the political intention of the ruling party in the state behind bringing this bill. Consequently, the answer to the question of what the future holds for this bill lies only in the future.
