West Bengal Governor CV Ananda Bose has returned the 2024 Aparajita Bill to the state government to consider the objections raised by the Centre about the death penalty provisions in the draft legislations, The Hindu reported on Friday.

One of the proposed amendments seeks to increase the punishment for rape under Section 64 of the Bharatiya Nyaya Sanhita from the current minimum 10-year imprisonment to life imprisonment or death penalty.

The Ministry of Home Affairs has said that the change is “excessively harsh and disproportionate”, The Indian Express quoted an unidentified Raj Bhawan official as saying.

Additionally, the bill proposes making the death penalty mandatory in cases involving the victim’s death or persistent vegetative state under Section 66 of the BNS.

“The ministry has raised concerns over the removal of judicial discretion in such cases,” The Indian Express quoted the official as saying.

The state government has not commented on the matter so far.

The West Bengal Assembly had unanimously passed the Aparajita Women and Child West Bengal Criminal Laws Amendment Bill in September 2024.

The state government had said that the legislation was aimed at creating a “safer environment for women and children” by ensuring more stringent punishments for rape and related crimes.

The bill sought to amend sections of the Bharatiya Nyaya Sanhita pertaining to punishments for acid attacks, rape, rape and murder, gangrape, repeat sex offenders and the disclosure of a rape victim’s identity. It also seeks to do away with the concessions granted to juvenile sex offenders under the law.

It proposes the death penalty for rape convicts.

The bill was passed amid widespread protests against the rape and murder of a doctor at Kolkata’s RG Kar Medical College and Hospital in August 2024.