By Our Legal Correspondent
Kolkata, Sept 07 (IVC) The stricter punishment like gallows for the convicted does not act as as a deterrent and reduce the rate of felonies, legal experts here have dubbed the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024 as a “knee jerk reaction” to the rape and murder of a doctor at the R.G. Kar Medical College and Hospital here on Aug 09.
The Bill, which was unanimously passed in the State Assembly on Sep 03, proposes amendments to five offences under the Bharatiya Nyaya Sanhita(BNS) and has provision of death penalty for five offences-rape, rape by a police officer or public servant, rape causing death or sending victim to persistent vegetative state, gang rape and being a repeat offender.
Former Supreme Court Judge, Asok kumar Ganguly said there were empirical studies to prove that stricter punishment does not reduce the rate of crime. He said stringent laws are already in place, and they have to be implemented properly.
Though he pointed out that the State government was within its right to bring amendment in criminal laws which falls under concurrent list, Ganguly said that the legislation cannot take away the right of pardon and commutation of sentence under Article 72 and Article 161 of the Constitution where the President and Governor grant pardon.
Bikash Ranjan Bhattacharya, senior advocate who represents the family of the victim said that conviction in any crime depends on the investigation and in this case allegations of investigation by the police being compromised has been raised.
“It is a knee-jerk reaction. Death penalty is no penalty and it serves as no deterrent. The penalty should be for formation of a person”, Mr Bhattachaya said.
He said human life is very valuable and awarding the death penalty was a colonial practice that should be done away with.
