Ortho major forced to admit it was corrupting hospitals in India The controversial Communal Violence Bill, which aims to protect minorities from targeted attack, is unlikely to be passed during the UPA-II rule with the Law Ministry raising objections to its draft and the Home Ministry mulling further consultations with state governments.
Why the communal violence bill is flawed Communal violence bill 26, The draft bill ostensibly appears to be a part of an endeavour to prevent and punish communal violence in the country. Though that may be the ostensible object of the proposed law its real object is to the contrary.
It is a bill which if it is ever enacted as a law will intrude into the domain of the state, damage a federal polity of India [ Images ] and create an imbalance in the inter-community relationship of India.
The bill creates a whole set of new offences in Chapter II. Can a person be punished twice for the same offence? Clause 9 creates an offence for communal and targeted violence.
Clause 13 punishes a public servant for dereliction of duty in relation to offences mentioned in this bill. Clause 14 punishes public servants who control the armed forces or security forces and fails to exercise control over people in his command in order to discharge their duty effectively.
Clause 15 expands the principle of vicarious liability. An offence is deemed to be committed by a senior person or office bearer of an association and he fails to exercise control over subordinates under his control or supervision.
He is vicariously liable for an offence which is committed by some other person. Clause 16 renders orders of superiors as no defence for an alleged offence committed under this section. Any communal trouble during which offences are committed is a law and order problem.
Dealing with the law and order is squarely within the domain of the state governments. In the division of powers between the Centre and the states, the central government has no direct authority to deal with the law and order issues; nor is it directly empowered to deal with them nor it can legislate on the subject.
If the proposed bill becomes a law, then effectively it is the central government which would have usurped the jurisdiction of the states and legislated on a subject squarely within the domain of the states.
India has been gradually moving towards a more amicable inter-community relationship. Even when minor communal or caste disturbances occur, there is a national mood of revulsion against them. The governments, media, the courts among other institutions rise to perform their duty.
The perpetrators of communal trouble should certainly be punished. This draft bill however proceeds on a presumption that communal trouble is created only by members of the majority community and never by a member of the minority community. Thus, offences committed by members of the majority community against members of the minority community are punishable.
Identical offences committed by minority groups against the majority are not deemed to be offences at all. Organised and targeted violence, hate propaganda, financial help to such persons who commit an offence, torture or dereliction of duty by public servants are all offences only if committed against a member of the minority community and not otherwise.
No member of the majority community can ever be a victim. This draft law thus proceeds on an assumption which re-defines the offences in a highly discriminatory manner.
No member of the minority community are to be punished under this act for having committed the offence against the majority community. It is only a member of the majority community who is prone to commit such offences and therefore the legislative intent of this law is that since only majority community members commit these offences, culpability and punishment should only be confined to them.
If implemented in a manner as provided by this bill, it opens up a huge scope for abuse. It can incentivise members of some communities to commit such offences encouraged by the fact that they would never be charged under the act.
Terrorist groups may no longer indulge in terrorist violence. They will be incentivised to create communal riots due to a statutory assumption that members of a jihadi group will not be punished under this law. The law makes only members of the majority community culpable. Why should the law discriminate on the basis of a religion or caste?
An offence is an offence irrespective of origin of the offender. Here is a proposed law being legislated in the 21st century where caste and religion of an offender wipe out the culpability under this law.
Who will ensure implementation of this act The bill provides for a seven-member national authority for communal harmony, justice and reparations.
A similar body is intended to be created in the states. Membership of this body thus shall be on religious and caste grounds.
The offenders under this law are only the members of the majority community. The enforcement of the act will be done by a body where statutorily the members of the majority community will be in a minority.Dec 08, · New posts New profile posts Latest activity All Recent Posts.
‘The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, ’ was introduced in Rajya Sabha on Thereafter, the Bill was .
Sep 10, · A draft of a proposed legislation titled ‘Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, ’ has been put in the public domain.
The draft bill ostensibly appears to be a part of an endeavour to prevent and punish communal violence . The Prevention of Communal Targeted Violence (Access to Justice and Reparation) Bill drafted by the “National Advisory Council” Chaired by Sonia Gandhi is based on the presumption that communal trouble is created only by the majority community and never by the minority community.
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.
A bill to empower the Sate Governments and the Central Government to take measures to provide for the prevention and control of communal violence which threatens the secular fabric, unity, integrity and internal security of the nation and rehabilitation of victims of such violence and for matters connected therewith or incidental thereto.