Centre to West Bengal: Implement Laws Against Violence Effectively

Union Minister Annapurna Devi emphasised that current laws are adequate to address violence and crimes against women. She urged the West Bengal government to enforce these laws effectively. In a letter to Chief Minister Mamata Banerjee, Devi highlighted the state's failure to operationalise 11 additional Fast Track Special Courts (FTSCs) for rape and POCSO cases.

Devi pointed out that West Bengal has set up 88 Fast Track Courts (FTCs), which differ from FTSCs under the Central Government Scheme. She criticised the state for not implementing the additional courts despite having 48,600 pending rape and POCSO cases. "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 stated.

Central Legislation and Punishments

Banerjee recently wrote to Prime Minister Narendra Modi, urging for stricter central laws and severe punishments for heinous crimes like rape and murder. This followed public outrage over the rape and murder of a doctor at R G Kar Medical College and Hospital in Kolkata on August 9. Banerjee sought mandatory provisions for time-bound resolution of such cases.

Devi reiterated that stringent punishments already exist under the Bharatiya Nyaya Sanhita (BNS). "As regards, stringent legislations 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," she said.

Operational Challenges and Solutions

The Union Minister addressed Banerjee's concern about appointing permanent judicial officers in FTSCs. She clarified that scheme guidelines allow one judicial officer and seven staff members to work exclusively on rape and POCSO Act cases. States can hire judicial officers and court staff on a contractual basis if there is a workforce shortage.

Devi stressed that following central legislations would strengthen the criminal justice system. "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," she noted.

Implementation of Fast Track Special Courts

Despite having 48,600 pending cases related to rape and POCSO, West Bengal has not operationalised 11 additional FTSCs. These could be exclusive POCSO courts or combined FTSCs handling both types of cases as needed. Devi urged Banerjee to ensure proper handling of these cases with due care and attention.

"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.

Devi concluded by urging West Bengal to implement existing laws effectively. She believes this will help bring perpetrators to justice and provide relief to victims or survivors. The Union Minister's letter underscores the need for timely action in addressing crimes against women.