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Guv returns Aparajita bill to assembly, cites concerns over BNS amendments

Guv returns Aparajita bill to assembly, cites concerns over BNS amendments

Time of India2 days ago
Kolkata: Bengal governor C V Ananda Bose has returned the
Aparajita bill
to the assembly citing serious objections raised by the Centre regarding proposed changes to BNS, according to a high-ranking Raj Bhavan source.
The Centre found that the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, passed in Sept 2024, contained "excessively harsh and disproportionate" punishment provisions for rape under multiple BNS sections, sources said.
A major point of contention is an amendment to Section 64 of BNS. The bill suggests increasing the punishment for rape from the current minimum of 10 years to either imprisonment for the remainder of the convict's natural life or capital punishment.
The MHA reportedly deemed this escalation as unduly harsh and inconsistent with principles of proportionality.
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Another controversial change involves the removal of BNS Section 65, which prescribes stricter penalties for sexual assault of minors. Union govt officials believe scrapping this clause weakens protections for vulnerable groups and risks diluting the intent behind age-based classifications in rape laws.
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Bengal govt on Friday said it had received no official communication from Centre nor the governor's office about these observations.
Earlier, bills similar to Aparajita, like Andhra Pradesh Disha Bill, 2019, and Maharashtra Shakti Bill, 2020 — which had a mandatory death penalty for all rape and gang-rape cases — were passed unanimously by state legislatures but did not get assent from the President.
Strongly objecting to the development, Trinamool Congress spokesperson Kunal Ghosh said: "The returning of the Aparajita bill is unfortunate, deplorable and condemnable. CM Mamata Banerjee proposed it keeping in mind women's safety and dignity and proposed harsher penalties for crimes against it... CM Banerjee will surely address the issue and concerns raised by Raj Bhavan and respond appropriately. However, this incident has proved that BJP is unwilling to impose maximum punishment in these cases, as their members are implicated in molestations and rapes.
We reiterate that this is a model bill that should have been passed."
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