Open Forum
New
Delhi, 16 November 2012
Communal Violence Bill
WILL GOVT BRING A FRESH ONE?
Dr S Saraswathi
Former Director, ICSSR, New
Delhi
With communal tension and violence
on the rise in the country according to fresh reports emanating from various
States, including Assam
and Andhra Pradesh, the big question doing the rounds is whatever happened to
the Communal Violence Bill, the Government promised to bring. Has it done any
further homework and will a redrafted version be placed before this winter
session of Parliament?
Importantly, has the Government
taken note that the term “communalism” is derived from the word “commune”,
which signifies consciousness or feeling of oneness or community feeling? It is
sentimental attachment that makes the
members of a community feel that they constitute a distinct group, which is
based on a belief that all members not only have common interests but that
these are different from those of other groups.
Sadly, in the Indian context, the
terms “communal” and “communalism” have acquired a peculiar derogatory meaning
not given in the dictionaries. A positive feeling that underlies the sentiment
of nationalism denotes in India
antagonism between people belonging to different religious persuasions, races,
languages, or castes and has become a negative concept.
Sadly, a false impression has been
created and nurtured that common religious affiliation or race binds a people
with common secular interests and separates them from other religions or races.
Likewise, language is looked upon as a divisive factor in this multi-lingual
country and not something enriching the national cultural ethos.
Political parties misuse the
differences of religion, language, caste, region, etc., and provoke mutual hatred
between them which is called “communalism” in India. It has become an ideology
that uses these differences and inculcates a narrow and sectarian outlook among
the different groups. It is used by self-seeking
politicians and political parties to somehow enlarge their sphere of influence.
To be blunt, it is a weapon used in elections to win sectional votes en bloc
which is commonly known as “vote-bank politics”.
Politicisation of religion and
communalization of politics are crucial factors responsible for communal riots.
In this development, the players are many and belong to both majority and
minority groups. What started during the freedom movement and attributed to the
British policy of “divide and rule” and expected to vanish with the attainment
of independence is being reintroduced in the guise of protecting minority
groups.
The nation has till now only been offered
a draft legislation – Prevention of Communal and Targeted Violence (Access to
Justice and Reparations) Bill 2011 – by the National Advisory Council (NAC) to
protect vulnerable groups meaning by mention a religious or linguistic minority
in any State in India or the Scheduled Castes and Scheduled Tribes against what
is called “targeted violence”. The draft bill was opposed by one and all and
rightly so.
It has about 135 clauses and
elaborately deals with offences, the controlling machinery, and compensation
for victims in the groups. It is not concerned about violence against the
majority group in a State even if it is a minority by number in an area.
“Targeted violence” means and
includes any act or series of acts, whether spontaneous or planned, resulting
in injury or harm to the person and/or property or knowingly directed against
any person by virtue of his or her membership of any group. The assumption
seems to be that only the groups mentioned in the bill need to be protected
against violence no matter how violent the behaviour of these groups may be,
and how aggressive and targeted their attack of other groups.
Six types of offences are listed in
this bill, which include sexual assault, hate propaganda, organized communal
and targeted violence, financial or material aid for commission of offence,
offences under the Indian Penal Code, and torture. For SCs and STs, this law
will be in addition to the existing protection guaranteed under the SC and ST
(Prevention of Atrocities) Act of 1989.
A National Authority for Communal
Harmony, Justice, and Reparation to investigate into incidents falling within
the purview of this bill, and State Commissions at the State level, the post of
Defender for Justice and Reparations are proposed to be created as agencies for
the implementation of this law. However, these offices do not take away the existing
responsibility and accountability of the State governments for incidents of
communal violence in their territory. The National Authority has the power to
make enquiries suo moto on information and can make recommendations.
A constitutional problem is likely
to result if the bill becomes law and authorizes the Union government to
interfere in the matter of maintaining law and order in a State, which is and
which will remain a State responsibility. This will affect the federal
arrangement which is a basic aspect of the Constitution.
The title of the bill includes “reparation”
along with justice and harmony. State governments have to ensure reparations to
internally displaced persons, which include resettlement, re-employment, repair
of places of worship, restoration of civic amenities, psychological counseling,
etc. A time frame is also provided which will probably be followed given the
NAC’s extraordinary interest in this law as against years of waiting for relief
and rehabilitation in instances of mass dislocation of people from their
habitats to make way for industrial projects and construction of dams.
The deep concern for minorities
expressed through this bill is in most part unnecessary as there are already
provisions under the Indian Penal Code, Criminal Procedure Code, and many criminal
laws to deal with offences mentioned in this it. The speciality of this bill is
that the concern is not about preventing violence and protecting victims but
restricting the government’s protective care to particular groups, no matter
whoever is the perpetrator of violence. Therefore, the terms “communal harmony”
and “justice” seem inappropriate when the intention is to protect specified
groups even if they are the offenders and instigators of violence in an incident.
The Government must take lead in
promoting national sentiments despite social-cultural differences. What is attempted through this bill is to
further divide the people as majority and minority and make them forget their
nationality. Party politics is treading
into dangerous zones by playing the politics of minority versus majority for political
gains. Time the Government gets its act together and check the dangerous trend.
---INFA
(Copyright,
India News and Feature Alliance)
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