Union Minister Annapurna Devi on Friday underscored the need for strict implementation of existing laws to tackle violence and crimes against women, urging the West Bengal government to enforce these laws “in letter and spirit.” Her statement came in response to West Bengal Chief Minister Mamata Banerjee’s recent appeal for more stringent central legislation in the wake of growing concerns about crimes against women in the state.
In a letter addressed to Banerjee, Devi, who serves as the Union Minister for Women and Child Development, highlighted the state government’s failure to operationalize 11 additional Fast Track Special Courts (FTSCs) designed to specifically handle cases of rape and crimes under the Protection of Children from Sexual Offences (POCSO) Act. This was the second such communication from the Union Minister to the West Bengal Chief Minister within a week.
Lack of Operational FTSCs in West Bengal
Devi pointed out that while West Bengal has established 88 Fast Track Courts (FTCs), these are distinct from the FTSCs that fall under the Central Government’s scheme. The minister emphasized that despite the alarming pendency of 48,600 rape and POCSO cases in the state, the government has not operationalized the additional 11 FTSCs, which could be either exclusive POCSO courts or combined FTSCs to deal with both rape and POCSO cases as per the state’s requirements.
“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 remarked, challenging the accuracy of Banerjee’s earlier statements regarding the judiciary’s resources.
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Response to Banerjee’s Letter to PM Modi
Banerjee had recently written to Prime Minister Narendra Modi, reiterating her call for more stringent central legislation and exemplary punishment for heinous crimes such as rape and murder. This letter followed a nationwide uproar over the tragic rape and murder of a doctor at Kolkata’s R G Kar Medical College and Hospital on August 9. The Chief Minister urged for a mandatory provision for the time-bound disposal of such cases to ensure swift justice.
However, in her response, Devi reiterated that the existing legal framework, particularly the provisions under the Bharatiya Nyaya Sanhita (BNS), already includes stringent punishments for crimes like rape and rape with murder. She asserted that the central government’s enactments are comprehensive and tough enough to address violence against women, provided they are implemented effectively by the states.
Judicial Officers and Staff Allocation
Addressing Banerjee’s concerns about the need to post permanent judicial officers in FTSCs, Devi clarified that the scheme guidelines already provide for one judicial officer and seven staff members to exclusively handle the disposal of rape and POCSO Act cases. She further noted that additional charges for FTSCs cannot be assigned to any permanent judicial officer or court staff, as this would dilute the focus required for these sensitive cases.
In cases of an insufficient workforce, the states and Union Territories have the option to engage judicial officers and court staff on a contractual basis under the FTSC scheme. This flexibility, Devi suggested, could help West Bengal expedite the functioning of its special courts.
Call for Effective Implementation
Devi concluded her letter by stressing the importance of following central legislation rigorously to strengthen the criminal justice system. She asserted that strict adherence to these laws would not only ensure that perpetrators of heinous crimes face consequences commensurate with their offenses but also guarantee justice for the victims or survivors.
“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,” she stated, reiterating her call for the West Bengal government to fully implement the existing legal provisions to combat crimes against women effectively.
