Govt reacts to Mamata Banerjee’s letter: ’48,600 rape, POCSO cases pending in West Bengal but...’

Union Minister for Women and Child Development Annapurna Devi wrote to West Bengal Chief Minister Mamata Banerjee on Friday, in response to Banerjee's letter demanding fast-track courts, stringent laws for rape-murder cases and time-bound investigations for crimes against women.

In her letter dated August 30, Devi said the information contained in Banerjee's letter is “factually incorrect”. She said, “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.” 

The Union minister also urged the West Bengal government to implement the same in “letter and spirit.”

‘Despite having 48,600 pending cases…’

Devi criticised the West Bengal government, saying it has not operationalized additional fast-track special courts to deal with rape and POCSO cases, despite having 48,600 pending cases.

"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 letter read.

"Despite the pendency of 48,600 rape and POCSO cases in West Bengal, the state has not operationalized 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. 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 of covering up the delays in operationalizing the FTSCs by the state," the letter read.

‘Already have stringent punishments for…’

The Union minister also highlighted that stringent punishments for rape already exist under the Bharatiya Nyaya Sanhita, including minimum 10 years of rigorous imprisonment extendable up to life imprisonment or death.

“As regards, stringent legislation 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),” the letter read. 

It stated, “It [BNS] 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.” 

"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.

‘Stringent laws’

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

“I reiterate that the enactments by the Central Government are comprehensive and stringent enough to tackle the violence and crimes against women,” Devi said. 

She added that if the West Bengal fovernment follows the central legislations “in letter and spirit, it will certainly have a lasting impact on strengthening the criminal justice system…”

"I once again request you to ensure due sensitization and a 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 added.

Mamata Banerjee writes to PM Modi

Devi's letter came days after Banerjee wrote to PM Modi on Friday. In her letter, the West Bengal CM had reiterated her request for stringent central legislation and exemplary punishment on heinous crimes like rape and murder. She also sought “quick justice” in rape cases.

Banerjee demanded that “such a serious and sensitive issue needs to be addressed comprehensively through stringent central legislation prescribing exemplary punishment against the persons involved in such dastardly crimes”.

She said the proposed legislation should also consider setting up Fast-Track Special Courts for speedy trial in such cases. “To ensure quick justice, trials in such cases should preferably be completed within 15 days,” she told PM Modi.

Banerjee wrote to Modi a few days ago on the issue following nationwide uproar over the rape and murder of a doctor at the RG Kar Medical College and Hospital in Kolkata on August 9,.