Centre for Mamata Banerjee's letter on rape cases

Responding to West Bengal Chief Minister Mamata Banerjee's second letter, Union Minister for Women and Child Development Annapurna Devi informed the Trinamool Congress government in the state that there are already stringent laws and exemplary punishments for heinous crimes like rape and murder and asked it to implement them “in letter and spirit”. Devi said the information contained in Banerjee's letter was “factually incorrect” and suggested that it was aimed at “covering up delays” in the commissioning of Fast Track Special Courts (FTSCs) in the state.

This was in response to Banerjee's second letter to Prime Minister Narendra Modi on Friday, reiterating her demand for stricter central laws and exemplary punishments for heinous crimes like rape and murder. The two letters came in the wake of the CBI investigation into the rape and murder of a junior doctor at RG Kar Medical College and Hospital in Kolkata.

Union Minister for Women and Child Development Annpurna Devi writes a letter to West Bengal Chief Minister Mamata Banerjee.

Says: “…Fast Track Special Courts (FTSCs) are specifically responsible for handling rape and POCSO cases. Despite the pending 48,600 rape and POCSO cases in… pic.twitter.com/D7fPs7DWn6

— ANI (@ANI) 30 August 2024

In her reply, Devi, the Union Minister for Women and Child Development, mentioned that the Bengal government has not set up additional 11 Fast Track Special Courts (FTSCs) to specifically deal with rape and POCSO cases. She said West Bengal has set up 88 Fast Track Courts (FTCs), which are not the same as the Fast Track Special Courts (FTSCs) covered under the Central government's scheme.

“With regard to the information contained in your letter regarding the status of Fast Track Special Courts (FTSCs) and exclusive POCSO Courts in West Bengal, I would like to mention that as per the information received from the Calcutta High Court, West Bengal has set up 88 Fast Track Courts (FTCs), which are not the same as the Fast Track Special Courts (FTSCs) covered under the Central Government Scheme, which I have referred to in my earlier DO letter dated 25.08.2024,” the Union Minister said in the letter to Banerjee.

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Devi pointed out that no additional fast-track special courts have been set up in West Bengal to try rape and POCSO cases, though several cases are pending.

“Despite the pending 48,600 rape and POCSO cases in West Bengal, the state has not commissioned additional 11 FTSCs, which could be either exclusive POCSO courts or combined FTSCs dealing with both rape and POCSO cases, as required by the state,” she said.

“As one can see, the information provided in your letter in this regard is factually incorrect and appears to be a step towards covering up the delays in the state's commissioning of the FTSCs,” Devi added.

Referring to Banerjee's remark that permanent judicial officers need to be deployed in FTSCs, the Union minister said the guidelines of the scheme clearly state that one judicial officer and seven staff members will work exclusively for the settlement of rape and POCSO Act cases. “Hence, no permanent judicial officer or court staff member can be charged any additional fee for FTSCs. This position has been made clear to West Bengal earlier,” Devi said.

The Union Minister pointed out that in case of shortage of judicial staff, states and Union Territories have the option to employ judicial officers and court staff on a contractual basis under the FTSC scheme. On strict laws and exemplary punishments for heinous crimes like rape/rape and murder, Devi reiterated her earlier communication that “the Bharatiya Nyaya Sanhita (BNS) already has strict punishments for rape/rape with murder. It provides for a minimum of 10 years' imprisonment for rape, which can be extended to life imprisonment for the rest of the natural life of the convict or with death, depending on the gravity of the crime.”

She stressed that the central government's laws are comprehensive and stringent enough to combat violence and crimes against women. If the state government follows the central laws “in letter and spirit”, it will undoubtedly have a lasting impact on strengthening the criminal justice system. This will ensure that perpetrators of such crimes face appropriate consequences and victims and survivors receive justice, the Union minister said.

“I once again request you to ensure appropriate awareness and positive approach among all those responsible at appropriate levels to ensure proper handling of cases with due care and attention and to achieve closure within the timelines prescribed by law,” Devi said.

“As far as the mandatory provision that the judicial authorities have to dispose of cases within a specific time frame is concerned, I would like to mention that the Bharatiya Nagarik Suraksha Sanhita (BNSS) has a provision that an investigation, which in rape cases also includes forensic examination, has to be completed within two months of the filing of the chargesheet,” she added in the letter.

She reiterated the importance of following the central laws to strengthen the criminal justice system and ensure justice for the victims. She concluded by urging Banerjee to ensure proper handling of cases and sensitisation among those in charge so that the cases are concluded within the prescribed timelines.