'Factually Incorrect', 'To Cover Up Delays': Centre On Mamata Banerjee's Letter To PM Modi On Rape Cases

Union Minister Annapurna Devi dismissed West Bengal Chief Minister Mamata Banerjee's request for stricter laws against rape and murder, stating that existing punishments are severe enough.

Responding to West Bengal Chief Minister Mamata Banerjee's second letter, Union Women and Child Development Minister Annapurna Devi has told the Trinamool Congress government in the state that stringent laws and exemplary punishment for ron heinous crimes such as rape and murder were already in place and urged it to implement them "in letter and spirit". Devi said that the information contained in Benerjee's letter was "factually incorrect" and suggested that it aims to "cover up delays" in the operationalization of Fast Track Special Courts (FTSCs) in the state.

This came in response to Banerjee's second letter to Prime Minister Narendra Modi on Friday, reiterating her request for stringent central legislation and exemplary punishment for heinous crimes like rape and murder. The two letters came amid the CBI investigation into the rape and murder of a junior doctor in Kolkata's RG Kar Medical College and Hospital.

In her response, Devi, the Union Minister for Women and Child Development, mentioned that the Bengal government has not operationalised additional 11 Fast Track Special Courts (FTSC) to specifically deal with cases of rape and POCSO cases. She said 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.

“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 Union Minister said in the letter to Banerjee.

Devi pointed out that West Bengal has not operationalized additional fast-track special courts to deal with rape and POCSO cases, despite several pending cases.

"In spite of 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," she said.

"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 to cover up the delays in operationalising the FTSCs by the state," Devi added.

Concerning Banerjee's observation on the need to post permanent judicial officers in FTSCs, the Union minister said the scheme guidelines clearly provide for one judicial officer and seven staff to work exclusively for the disposal of rape and POCSO Act cases. "Hence, an additional charge of FTSCs cannot be given to any permanent judicial officer or court staff. This position was clarified earlier to the West Bengal," Devi said.

The Union Minister noted in the event of an insufficient workforce, states and Union Territories have the option to engage judicial officers and court staff on a contractual basis under the FTSC scheme. As regards, stringent legislation and exemplary punishment on heinous crimes like rape/ rape and murder, Devi reiterated her earlier communication conveying that "stringent punishments for rape/ rape with murder already exist in the Bharatiya Nyaya Sanhita (BNS). It 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."

She stressed that the enactments by the central government are comprehensive and stringent enough to tackle the violence and crimes against women, and if the state government follows the central legislations in "letter and spirit," it will certainly have a lasting impact on strengthening the criminal justice system, bringing the perpetrators of such crimes to face the consequences commensurate with the offence and also in ensuring justice to the victims or survivors, the union minister said.

"I once again request you to ensure due sensitisation and 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 said. 

"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 Bharatiya Nagarik 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.

She reiterated the importance of following central legislation to strengthen the criminal justice system and ensure justice for victims and concluded by requesting Banerjee to ensure proper handling of cases and sensitization of duty holders to bring finality within prescribed timelines.