The Union home ministry has objected to the proposed changes in the Bharatiya Nyay Sanhita (BNS) through the Aparajita Bill passed by the Bengal Assembly last year, sources said.

According to sources, Bengal governor CV Ananda Bose has sent the Aparajita Women and Child (West Bengal Criminal Laws Amendment) bill to the state government to consider the objections raised by the Centre.

Tabled by chief minister Mamata Banerjee last September, the Aparajita Bill was the Trinamool’s answer to all questions related to women’s safety raised before the government and against the ruling party.

The bill included provision of death penalty for person/s committing rape and inflicting injury which causes death or causes the victim to be in a vegetative state.

The bill also included a provision for time-bound investigation in rape cases. There were provisions to penalise any reporting of court proceedings in such cases without permission.

The Centre, in its observation, found that the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, passed in the Assembly in September 2024, seeks changes in punishment for rape under multiple sections of the BNS that are “excessively harsh and disproportionate,” the source said.

State minister and Trinamool spokesperson Chandrima Bhattacharya said she was not aware of the development.

“I am unaware of the grounds in which the Bill has not received the President’s nod. After going through the fine-print, we will be able to chalk the future course,” the minister told The Telegraph Online.

Within a month after the rape and murder of a post-graduate trainee at the RG Kar Medical College and Hospital, last August, with protests spilling on the streets in Kolkata and the districts, the Aparajita Bill with its strenuous provisions was Mamata’s defence against criticism.

Bengal Assembly passed the bill on September 3 last year.

After a law student was gang-raped in the South Calcutta Law College last month, where the main accused was a former leader of the Trinamool’s students’ wing, several Trinamool leaders including ministers Chandrima Bhattacharya and Shashi Panja had raised questions on the delay in the Presidential nod to the Aparajita Bill.

In February, a delegation of Trinamool MPs from both the Houses met President Droupadi Murmu urging her to give assent to the bill at the earliest.

The Bill proposes enhancement of punishment for rape from the existing minimum of 10 years under the BNS to life imprisonment for the remainder of one’s life or death.

"The Ministry of Home Affairs (MHA) has flagged multiple provisions in the Bill as problematic. After taking note of the MHA observation, the Governor has referred those for appropriate consideration to the state government," the source told PTI.

"The Centre has described the proposal of amendment to Section 64 of the BNS to increase the punishment for rape from a minimum of 10 years to life imprisonment for the remainder of the convict’s life or the death penalty as excessively harsh and disproportionate," he said, referring to the MHA's observation.

The other controversial change is the proposed deletion of Section 65, which provides stricter penalties for rape of girls aged under 16 and 12.

"The removal of this classification undermines the principle of proportionality in sentencing and could reduce legal protections for the most vulnerable victims," he said.

The clause drawing the sharpest criticism is the one under Section 66, which seeks to make the death penalty mandatory in rape cases where the victim either dies or is left in a persistent vegetative state.

"The ministry has raised constitutional concerns, arguing that removing judicial discretion in sentencing violates established legal norms and Supreme Court rulings," the source said.

The Bill was recently reserved by Governor C.V. Anand Bose for the consideration of the President of India.

“As of now, there is no communication from anyone with regard to the Aparajita Bill. We will consider taking suitable measures, as per requirements in the matter, if and when we receive such intimation," a senior bureaucrat of the state said.