The Union Minister for Women and Child Development responded to Mamata Banerjee’s second letter to Prime Minister Modi, which was sent hours earlier, stating that the Bengal Chief Minister’s data was “inaccurate” and that there was a “attempt to cover up delays” on the part of the state. The letter focused on the necessity of a strict Central law to deal with heinous crimes like rape and murder.
Annapurna Devi urged Mamata to hasten the creation and functioning of Fast Track Special Courts (FTSCs) to handle rape cases and those under the state’s Protection of Children from Sexual Offences (POCSO) Act in a letter dated August 30.
Concerns with the state’s current FTCs were also brought up by the Union Minister, who also urged the Chief Minister to make sure that justice is administered effectively and promptly.
Mamata, in her letter on Friday, had written: “You may kindly recall my letter No.44-CM dated August 22, 2024 (copy enclosed) regarding the need for stringent Central legislation on incidents of rape and meting out exemplary punishment to perpetrators of such crimes. No reply was received from your end on such a sensitive issue. However, a reply has been received from the Minister of Women and Child Development, Government of India (vide their No. 1/RESC/HMWCD/2024 dated August 25 2024), which barely attends to the gravity of the issue raised in my letter. I am of the thought that the seriousness of the subject and its relevance to the society have not been adequately appreciated while sending out this generic reply.”
The Chief Minister also stated that the Minister of Women and Child Development’s response “seemed to have overlooked” her state’s “initiatives.”
In response, the Union Minister cited an earlier letter from August 25 in which she emphasised the need for strict laws and model penalties for crimes like as rape and murder.
In response to a later correspondence from the Bengal Chief Minister, Devi clarified that although West Bengal had created 88 FTCs, they were not the same as the FTSCs that the Central Government’s plan recommended. She pointed out that the state’s FTCs don’t just focus on rape and POCSO cases; they also handle a wide range of matters, including civil disputes.
Devi underlined the enormous backlog in the state’s legal system even more, pointing out that as of June 30, 2024, there were over 81,000 cases waiting in the FTCs. Despite a backlog of 48,600 rape and POCSO cases, she voiced worry that the state had not yet operationalised an additional 11 FTSCs to accommodate the growing demand.
Devi addressed the matter of staffing in the FTSCs in her letter as well, emphasising that current protocols expressly forbid the permanent appointment of Judicial Officers to these courts. She made it clear that judicial officers assigned to FTSCs should only work on matters involving rape and POCSO Act offences; no permanent postings for these positions should be made.
The Bharatiya Nyaya Sanhita (BNS) already prescribes harsh punishments, including a minimum of 10 years of rigorous imprisonment for rape, extendable to life imprisonment or even the death penalty depending on the severity of the crime, Devi said, reiterating the Central Government’s commitment to combating crimes against women.
She also emphasised how the Bharatiya Nagarik Suraksha Sanhita has measures for prompting the investigation and trial of these crimes, including the requirement for forensic examinations to be conducted within two months after the crime.
In closing, Devi urged the West Bengal government to guarantee that cases are handled properly by completely implementing the central legislation and by taking aggressive measures.
