Mamata Calls For Death Penalty For Rape, Throws A Challenge At Centre 

West Bengal Chief Minister Mamata Banerjee has called for a special state Assembly session to pass a law ensuring capital punishment for rapists.

Addressing a Trinamool Chhatra Parishad event on Wednesday, she stated that she aimed to have the bill passed within 10 days and sent to the Governor for approval.

The TMC supremo warned that if the Governor did not approve it, her party would protest outside Raj Bhavan. The Bengal CM’s statement comes at a time of palpable anger among Kolkata citizens after the horrific rape and murder of a 31-year-old junior doctor at RG Kar Hospital. 

“The Governor will not give consent to the Bill, I know. Our women will sit there hours in protest demanding the passage of the Bill,” she said. 

Mamata Banerjee slammed the BJP for politicising the incident and calling for a Bengal Bandh on Wednesday to protest police action at a rally for the young doctor on Tuesday.

She also took aim at the BJP-led Central government: "Sixteen days have passed since the Central Bureau of Investigation took over the doctor's rape-murder probe from the Kolkata Police. Where is the justice?" Banerjee asked.

Existing Punishment For Rapes under the newly enacted Bharatiya Nyaya Sanhita (BNS), a rape conviction stipulate a minimum punishment of 10 years, extendable to life imprisonment (Section 64).

Section 64(2) imposes harsher penalties for offenders in positions of authority, such as police officers and public servants, due to the severe breach of trust involved.

Section 70 of the BNS deals with gangrape with punishment of a minimum of 20 years to life imprisonment. In case of rape of minors, the punishment is life imprisonment and, in some cases, death penalty.

Sections 65 and 66 specifically address the protection of minors from sexual violence. Perpetrators who rape girls under 16 face at least 20 years in prison and fines for victim rehabilitation. For victims under 12, the penalties are more severe, including life imprisonment or, in extreme cases, capital punishment.

Under the previous Indian Penal Code, rape is primarily addressed under Section 376, with penalties ranging from 7 years to life imprisonment plus fines. Aggravated forms of rape, detailed in Sections 376(2) and 376A, include harsher punishments such as life imprisonment and, in severe cases, the death penalty. For rape involving minors or those in positions of authority, Sections 376(2) and 376C impose stringent penalties, including life sentences and fines.