Nearly a year after the West Bengal Assembly passed the ‘Aparajita Women and Child Bill 2024’ in a special session, the bill has been sent back by Governor CV Ananda Bose. The decision follows strong objections from the Centre, which cited several legal and constitutional inconsistencies in the bill, including its proposed provision for the death penalty in certain rape cases.
According to Raj Bhavan sources, Rashtrapati Bhavan had earlier sought details about the bill and following a review, President Droupadi Murmu returned it to the state through the Governor, recommending reconsideration.
The Centre reportedly found several provisions in the bill to be in conflict with existing sections of the Indian Penal Code (IPC), now replaced by the Bharatiya Nyaya Sanhita (BNS) and also inconsistent with Supreme Court judgements on capital punishment.
The Aparajita Bill, which was passed in the first week of September 2024 following the brutal rape and murder of a young trainee doctor at Kolkata’s RG Kar Hospital, was intended to introduce harsher penalties for crimes against women and children. The bill proposed capital punishment for rapists if the victim died or suffered permanent physical damage, as well as life imprisonment in certain other cases.
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However, the Union Home Ministry raised objections, terming the punishment provisions as “cruel and disproportionate.” The ministry pointed out that the BNS already prescribes a minimum of 10 years’ imprisonment for rape and includes specific provisions for child victims under 12 and 16 years of age — distinctions not addressed in the Aparajita Bill.
The return of the bill has triggered political tensions. Trinamool Congress spokesperson Kunal Ghosh questioned whether the death penalty for rape-murder was being opposed on grounds of cruelty. “If this is true, there will be strong protests,” he said on social media.
On the other hand, CPI(M) leader Sujan Chakraborty criticised the state government’s approach, calling the bill “bogus.”
“It was as if there was no law to punish rapists in the country,” Chakraborty said, pointing out that convictions had taken place under existing laws within two months of the RG Kar case.
Chief Minister Mamata Banerjee had described the bill’s passage on September 3 last year as a “historic moment” in the fight for women’s rights. Speaking in the Assembly, she had said, “We have done it. September 3 will be remembered. I offer condolences to victims and salute those who continue to fight.”
Despite appeals from TMC MPs and repeated follow-ups with the Centre, the bill remained in limbo for 326 days before being returned.
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