"With regard to the information contained in your letter about the status of Fast Track Special Courts (FTSCs) and exclusive POCSO Courts in West Bengal, I may mention that according to information received from the Calcutta High Court, West Bengal has established 88 Fast Track Courts (FTCs), which are not the same as the Fast Track Special Courts (FTSCs) covered under the Central Government Scheme as referred in my earlier D.O. letter dated 25.08.2024," the letter read.

Devi pointed out that West Bengal has not operationalized additional fast-track special courts to deal with rape and POCSO cases, despite having 48,600 pending cases. "Despite the pendency of 48,600 rape and POCSO cases in West Bengal, the state has not operationalized additional 11 FTSCs which may be exclusive POCSO Courts or combined FTSCs dealing with both rape and POCSO cases, as per the state's requirement. As may be seen, the information contained in your letter in this regard is factually incorrect and appears to be a step in the direction of covering up the delays in operationalizing the FTSCs by the state," the letter read.

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This comes after Banerjee on Friday wrote to PM Modi, reiterating her request for stringent central legislation and exemplary punishment on heinous crimes like rape and murder. Banerjee, who wrote to Modi a few days ago on the issue following nationwide uproar over the rape and murder of a doctor at the R G Kar Medical College and Hospital in Kolkata on August 9, sought mandatory provision for time-bound disposal of cases of rape/rape and murder. Additionally, Devi emphasized that the central government's scheme guidelines provide for exclusive staff and judicial officers to handle these cases.

"With regard to your observation on the need to post permanent Judicial officers in FTSCs, instead of only retired Judicial Officers as prescribed in the FTSC scheme guidelines, I may inform you that the scheme guidelines clearly provide for one Judicial Officer and seven staff to work exclusively for disposal of Rape and POCSO Act cases. Hence, additional charge of FTSCs cannot be given to any permanent Judicial Officer or court staff. This position was clarified earlier to the State of West Bengal vide letter dated 12.12.2023 of the Department of Justice, which stated that, in the event of an insufficient workforce, States and UTs have the option to engage Judicial Officers and court staff on a contractual basis under the FTSC scheme," the letter read.

The minister also highlighted that stringent punishments for rape already exist under the Bharatiya Nyaya Sanhita, including minimum 10 years of rigorous imprisonment extendable up to life imprisonment or death.

"As regards, stringent legislation and exemplary punishment on heinous crimes like rape/ rape and murder, I reiterate my earlier communication conveying that stringent punishments for rape/ rape with murder already exist in the Bharatiya Nyaya Sanhita (BNS). It prescribes for a minimum of 10 years of rigorous imprisonment for rape and extendable upto life imprisonment for the remainder of the natural life of the convict or with death, depending on the severity of the crime. As regards, the mandatory provision for the disposal of cases in a specific time frame by the trial authorities, I would like to mention that the Bharatiya Nagarik Suraksha Sanhita (BNSS) has the provision for the completion of an investigation that also includes forensic examination in cases of rape, within two months from the filing of the charge sheet," she added in the letter.

She reiterated the importance of following central legislation to strengthen the criminal justice system and ensure justice for victims and concluded by requesting Banerjee to ensure proper handling of cases and sensitization of duty holders to bring finality within prescribed timelines.

The letter mentioned "I reiterate that the enactments by the Central Government are comprehensive and stringent enough to tackle the violence and crimes against women. If the State Government follows the Central Legislations in letter and spirit, it will certainly have a lasting impact on strengthening the criminal justice system, bringing the perpetrators of such crimes to face the consequences commensurate with the offence and also ensuring justice for the victims or survivors. I once again request you to ensure due sensitization and a positive approach of all duty holders at appropriate levels to ensure proper handling of cases with due care and attention to bring finality as per the timelines prescribed under the statutes."

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