Bengal Anti-Rape Bill Legally Valid, Requires President's Assent: Experts
Legal experts have affirmed that the West Bengal government's decision to introduce an anti-rape bill in the state Assembly is constitutionally valid, but it will need the President's assent to become law.
Key Highlights:
- Constitutional Validity: The bill is constitutionally valid but requires the President's assent to become law.
- Capital Punishment: The bill seeks the death penalty for rape convicts and time-bound trials for rape cases.
- Public Outcry: The bill comes in response to the rape and murder of a trainee doctor in Kolkata on August 9.
- Legal Procedure: Under Article 254(2), state laws that contradict central laws on concurrent matters must obtain the President's approval to be enacted.
- Chief Minister's Stand: Mamata Banerjee has emphasized the importance of this legislation, expressing her commitment to securing the death penalty for the accused.
The West Bengal government is set to introduce the bill on Tuesday, following the public outcry over the rape and murder of a trainee doctor at Kolkata's RG Kar Medical College and Hospital on August 9. The bill seeks to impose capital punishment for rape convicts and ensure swift trials.
Although the state government has the authority to propose such an amendment, it must receive presidential approval due to the bill's deviation from central criminal laws. According to Article 254(2) of the Constitution, state laws that contradict central laws on concurrent list matters must obtain the President's assent to prevail within the state.
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Chief Minister Mamata Banerjee has expressed her commitment to securing the death penalty for the accused in the recent rape and murder case, highlighting the importance of this legislative move.