In letter vs letter, Centre writes back to Mamata over Kolkata rape-murder case

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Hours after West Bengal chief minister Mamata Banerjee on Friday wrote a second letter to Prime Minister Narendra Modi reiterating her request for stringent central legislation and exemplary punishment on heinous crimes like rape and murder, in the wake of the Kolkata doctor’s rape-murder case, the Centre asserted that existing laws were stringent enough to tackle violence and crimes against women.

In a second letter to Mamata Banerjee in a week, Union minister for women and child development Annapurna Devi urged the West Bengal government to implement the same in “letter and spirit”.

Annapurna Devi claimed that the information contained in the Bengal chief minister’s letter was “factually incorrect” and suggested that it aims to “cover up delays” in the operationalization of Fast Track Special Courts (FTSCs) in the state.

Devi said the state government has not operationalised additional 11 Fast Track Special Courts (FTSC) to specifically deal with cases of rape and POCSO cases.

Mamata Banerjee, who wrote to PM Narendra Modi recently on the issue following nationwide uproar over the rape and murder of a 31-year-old woman trainee doctor at the RG Kar Medical College and Hospital in Kolkata on August 9, sought mandatory provision for time-bound disposal of cases of rape/rape and murder.

‘48,600 rape, POCSO cases pending of in West Bengal’

“In spite of the pendency of 48,600 rape and POCSO cases in West Bengal, the State has not operationalised 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,” Annapurna Devi said in the letter to Mamata Banerjee.

“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,” the letter added.

Responding to Banerjee’s observation on the need to post permanent judicial officers in FTSCs, the Union minister said the scheme guidelines clearly provide for one judicial officer and seven staff to work exclusively for the disposal of rape and POCSO Act cases.

“Hence, an additional charge of FTSCs cannot be given to any permanent judicial officer or court staff. This position was clarified earlier to the West Bengal,” Annapurna Devi explained.

Existing laws strong enough: Centre to Mamata

The minister added that in the event of an insufficient workforce, states and union territories have the option to engage judicial officers and court staff on a contractual basis under the FTSC scheme.

Devi said the enactments by the central government are comprehensive and stringent enough to tackle the violence and crimes against women.

“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, bringing the perpetrators of such crimes to face the consequences commensurate with the offence and also in ensuring justice to the victims or survivors,” the union minister said.

“I once again request you to ensure due sensitisation and 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 said.

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