Capitalising on Capital Punishment? Why Many in TMC Are Uneasy with Mamata's Death Penalty Push for Rape Cases

With the West Bengal government soon to push for capital punishment for rape following the gruesome RG Kar Hospital case, the focus and attention have come back to the Justice Verma committee report adopted in 2013, just after the Nirbhaya case.

The committee submitted its report in 29 days and it was then studied in detail by a M Venkaiah Naidu-headed parliamentary standing committee. Based on the committee’s recommendations, the Criminal Law (Amendment) Act was passed for stringent punishment in all cases of rape and sexual assault.

However, almost all the members of the committee were unanimous in one view: capital punishment was not an effective deterrent against rape as events showed. The focus would have to be on changing mindsets and speedy justice.

Interestingly, one of the members of the committee was Trinamool Congress’s Kakoli Ghosh Dastidar who is the MP from Barasat. Like others, she too had objected to capital punishment and thought that harsh penalties could be brought in, other than this.

Speaking to News18, she explained her stand as the TMC government in Bengal is now pushing for capital punishment. She denied that it was a damage-control move. “I think women should be strong and castration is effective as a deterrent. As for the demand by the Bengal government, it’s their stand considering the heinous nature of the crime and since the matter is with the CBI, I don’t want to comment further," she said.

West Bengal chief minister Mamata Banerjee has written two letters to Prime Minister Narendra Modi, asking for speedy justice and capital punishment within a fixed time frame for such cases. She has also asked the PM to come out with a stronger anti-rape law. Union women and child development minister Annpurna Devi has responded to both these letters, explaining in detail how the new criminal laws or the Bharatiya Nyaya Sanhita are strong deterrents.

The BJP has mocked the letters of the CM and the plan to bring a bill for capital punishment by the Bengal government as mere damage control and cover-up. The bill would need the governor’s, nod which may not come easily. The Centre has maintained that present laws are sufficiently harsh on criminals.

Within the TMC, there is an unease. Not many are comfortable with the idea of capital punishment as they feel it could be a knee-jerk response. Some feel that many countries which have had capital punishment have not been able to ensure an end to crimes against women.

But with Mamata and Abhishek Banerjee fighting the big fight against the belligerent BJP and almost with their backs to the wall, the TMC hopes to capitalise on this bill.