The new proposal brought by West Bengal Chief Minister Mamata Banerjee, who is facing questions regarding women's safety, is under question. Not only politicians but legal experts are also raising questions because Mamata government has passed an amendment law on Tuesday and has made provision for death penalty for the crime of rape, whereas the new criminal law Indian Judicial Code, which came into force in the whole country from July 1, already has the death penalty for the heinous crime of rape.

Legal experts say that instead of amending the law, the West Bengal government should focus on strictly enforcing the existing law as it would be very wrong to award death penalty for the common crime of rape and this punishment already exists for the heinous crime of rape.

Raising clear questions on the intentions of the Mamata government, senior Supreme Court lawyer Mahalakshmi Pawani says that the Chief Minister of West Bengal has failed to provide security to women and to conduct fair investigation and action in the crime and now by bringing the amended law, she is trying to mislead the public because the Indian Judicial Code (BNC) already has the death penalty for the heinous crime of rape.

Mamata Banerjee herself is the Chief Minister, the Home Department is with her, so from whom is she seeking justice. This is a political stunt, she is misleading the public, the public is not that stupid. However, legally the state government has the right to bring amendments in the law. Former Law Secretary PK Malhotra explains in detail the legal and constitutional right of the state government to bring amendments in the central law (Indian Justice Code, Indian Civil Protection Code and POCSO Act).

Malhotra says that both the centre and the state have the right to make laws on subjects which are in the concurrent list of the constitution, the only condition is that the state law should not be against the central law. Criminal law comes in the concurrent list, in such a case the state government has the right to bring an amendment act. The state government will pass the amendment law from the assembly.

After that the bill will be sent to the President for approval through the Governor and if the President approves the bill, it will become a law and that amended law will be implemented in that state. But if the President does not approve, it will not become a law. This is a constitutional and legal system. There have been cases in the past as well where the central law has been amended by the state governments. But at the same time Malhotra says that it is also a question whether Mamata Banerjee's intention behind what she is doing is to make the law stricter or is it just for political purposes.

On the issue of death penalty for rape, retired Allahabad High Court judge SR Singh says that death penalty cannot be given for a simple rape crime. If this happens, it will be very wrong and such a law will not stand in court. The court will reject it. The court has discretion on the issue of punishment for any crime and should have it. If the law fixes the minimum punishment for any crime, the court cannot give a punishment less than that.

However, the heinous crime of rape still has the death penalty. Retired judge of Delhi High Court SN Dhingra also agrees with Justice SR Singh that there cannot be a death penalty for simple rape. This would be impractical because the definition of rape in the law is very broad. He says that if an 18-year-old boy and a 17-year-old girl elope and get married, then that 18-year-old boy is a rapist.

In such a situation, if such a punishment is kept in the case of rape, then what discretion will the court have. Because as it will be a case that it was technically rape, it was not rape. He says that such political amendments are of no use. In fact, the focus should be on compliance with the law. The focus should be on how the time limit set in the new law for quick investigation, quick trial can be strictly followed and what will be the result if it is not followed.

The consequence should also be decided, it should not be enough to just say that there will be no dates, it should be seen how this can be ensured. However Justice Dhingra also believes that the state government has the right to amend the law. If we look at the law, section 66 of BNS says that if the victim dies after the rape or she reaches a dying state i.e. coma, then the culprit will be punished with a minimum of 20 years of punishment which can be extended to life imprisonment. Life imprisonment means imprisonment as long as life lasts. Or else it will be death penalty.