Email In the build-up to the elections, discussions have taken off on social media on the various possibilities that may arise next year. While the confidence among supporters of BJP and specifically PM Modi is quite high, it is also a fact that the Congress seems to be approaching with much more focus than what has been seen in the past few years. Lord Walrus has an excellent post on the various scenarios that are likely to emerge based on the results of the elections — from an RW point of view.
Though the objective is laudable — to boost the confidence of religious and linguistic minorities in all states and union territories — the first draft of the Bill, which has been prepared by the Communal violence bill Advisory Council NACfails to inspire confidence. It appears as if the Bill has been drafted by persons who are unschooled in Indian Constitutional Law and who are unaware of the big strides that the country has made to promote the federal spirit and to build a liberal and open society.
The aim of this Bill - called the Prevention of Communal and Targeted Violence Access to Justice and Reparations Bill — is ostensibly to curb communal violence and hatred but it rests on the flawed premise that in all situations the religious majority perpetrates violence on the religious minority.
Therefore, Communal violence bill of the majority community in every state are seen as the culprits and members of the minority communities are deemed to be the victims.
Such are its provisions that far from promoting communal harmony, it could weaken the commitment of the majority to secularism and promotion of a liberal environment all over the country. Here are some of the worrisome provisions: Similarly, the Sikhs in Punjab, the Muslims in Jammu and Kashmir and Lakshadweep and Christians in Nagaland, Mizoran and Meghalaya where these communities are in a majority cannot seek relief under this law in these states.
Section 82 even provides for attachment of property of members of the majority community pending trial. Where the charge has been framed in relation to an offence under this Act, the Designated Judge may direct that the property of the accused person be attached during the pendency of the trial and until conviction or acquittal, as the case may be.
But that does not mean that citizens belonging to other denominations are free of bother. Muslims, Christians and Sikhs could also find themselves in trouble because under our Constitution, the state is the unit to determine the issue of majority-minority.
As per the religion data in the census, the Sikhs constitute Similarly, Christians, who have an overwhelming majority in three states — Nagaland 90 per centMizoram 87 per cent and Meghalaya For similar reasons, the Muslims in Jammu and Kashmir and in Lakshadweep are not going to be very happy with a law of this kind.
Therefore, citizens who happen to be Muslims, Christians or Sikhs should not be taken in by the sweeping claim made by the promoters of this Bill because this law does not treat all perpetrators of communal violence and hatred equally.
There is yet another anomaly in regard to determining the majority and the minority in some states because of the demographic reality in many states and union territories. For example, there are states like Manipur 46 per cent Hindu and Arunachal Pradesh Further, if you exclude the Scheduled Castes and Scheduled Tribes from the Hindu population, what will be the percentage of Hindus in these states.
There is also an attempt to introduce some mischievous provisions to classify crimes on communal lines. For example fromwhen the Constitution came into being, towhen the Supreme Court pronounced its judgement in the Bommai Case, Article was used by the Centre on occasions.
On most of these occasions 77 the Congress Party was in power at the Centre and just one Prime Minister — Indira Gandhi — used this provision 50 times. The court declared that henceforth the proclamation issued under Article would be judicially reviewable and the court would examine whether the proclamation was issued for malafide reasons.
It said the court would retain the power to reverse the actions taken by the President if they were found to be malafide. This judgement virtually put an end to misuse of Article The Communal Violence Bill now offers scope for mischief via a backdoor entry of Article as it stood prior to the Bommai Case in the guise of ensuring minority rights.
|Communal Violence Bill | Politics | India Broadband Forum||If allowed to become law in its current form, it will not only exacerbate communalism, but also destroy the foundations of our federal structure. Here are nine reasons why the Bill must be jettisoned lock, stock and barrel and a new drafting committee comprising all major political parties set up in its place to prepare an alternative.|
Therefore, this was a clever move to snatch away the basic constitutional right of every state to manage Law and Order and to impose central rule. However, following public protests, the NAC has recently announced that this provision has been deleted from the Draft Bill.
However, the threat to the independence of state governments is not over because of certain other provisions in the Bill like Sections 9, 13, 14 and 16 pertaining to the bureaucracy and the police in the states and Section 15, which directly targets office-bearers of political parties.“The draft communal violence bill is not practical and infringes upon the rights of the state,” Chief Minister Naveen Patnaik told reporters emerging out of the National Integration Council.
Necessity for Communal Violence prevention bill Communal violence includes all forms of violent action by members of one community against the members of other community.
These days the occurrence of communal violence is a regular feature. Under the draft of the Prevention of Communal Violence (Access to Justice and Reparations) Bill, , a person of any religious or linguistic identity could be a victim.
PTI The UPA government has scrapped a controversial provision from the Communal Violence Bill, that is facing stiff opposition.
Questioning the timing of bringing the Communal Violence Bill, Narendra Modi today wrote to Prime Minister Manmohan Singh, describing the proposed legislation as ill-conceived, poorly drafted and.
The Parliament was informed a few weeks ago that communal violence in India recorded a marginal rise in people were killed and 2, injured in communal incidents in the country.
Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, drafted by Sonia Gandhi's National Advisory Council (NAC), is going to be introduced in Parliament's winter.