Friday, December 6, 2013

Prevention of Communal Violence Bill

Congress Party led UPA government is planning to present Prevention of Communal Violence Bill in Parliament this winter session. This bill empowers Congress Party led central government to encroach upon rights of state government as and when they think it necessary to take care of law and order problems of the state. God knows how the central government will decide that state government has failed to perform. How and when they will come to know about occurrence of riot in a state? In what way central police will be deployed and how state police will behave ?  and so on

It is open secret that this bill is being presented with dirty intention of securing Muslim vote the government and this is why they have thought it fit to introduce this controversial bill in Parliament at the fag end of their tenure which not only an effort to appease Muslim community but also helps the party in diverting the mind of common men and media from the pain of price rise, corruption, safety and security of the country.

It is worthwhile to mention here that common men are crying loudly due to unprecedented rise in prices of all essential commodities. People from all sections and from all caste and communities are suffering from deep crisis in meeting their day to day needs.In such position ,when media men and opposing political parties accuse central government, the advocates of Congress Party point their accusing finger towards state governments and say that it is the duty of state government to stop hoarding, profit making and black marketing of the essential goods. 

Why the government at center do not think it necessary to make suitable law or to amend the existing law so that central government can help or encroach upon the rights of state government to stop hoarding and profit making by blackmarketeers if state government fails to contain the dirty tactics of business men ?

Why do they not think it necessary to reduce the burden of common men who are subjected to burden of price rise and why do they not  stop rich person making improper and unreasonable profits on their products and in their trade?

Similarly when state government is not fit to control and contain corruption in administration and in the functioning of Public sector undertakings, banks and insurance companies, why the central government think it not necessary to regulate state government and to force them to punish corrupt officials and corrupt politicians.

Why central government does not think it wise to adivse Harayana government to stop torturing Ashhok Khemka and advise UP government to stop punishing Durga Nagpal?

Everyone in the country know it that there is unprecedented rise in naxal activities and in anti national activities undertaken by naxal groups in nexus with foreign based terrorist organizations in almost all states. 

Why the central government does not amend the existing laws to force state government to strike war against naxal elements and against tall those who raise voice against the rule of the land and who shows disrespect to Indian Constitution?

It is worthwhile to mention here that when UPA government first came to power in 2004 , they first nullified and removed the Prevention of Terrorism Act commonly known as POTA which was framed BY preceding NDA government to stop terror attacks and which empowered central government to help or to encroach upon the rights of state government to catch hold of terrorist and to send central forces to control terror attacks.

Obviously the UPA government or the Congress Party is not at all bothered of pain of common men or the safety and security of the country. They can go to any dirty extent to enlarge their vote bank. They are bent upon introducing divisive plan in the form of Prevention of Communal Violence Bill. 

I salute Mr. Narendra Modi who has spontaneously protested the bill and told the country that it will divide the nation and the society on communal line in the same way as Mr. V, P Singh in his deep ambition to become PM of the country  divided the society on caste ground by introducing and adopting  Mandal Commission report and by making laws as per report.

People of India will give due time to ponder over the intricacies of the said bill and understand that any such bill will divide the society. 

Only by making one after other laws and not using the existing laws properly and adequately , honestly and sincerely , Government could nothing during last 60 years by providing quota for SC ST and they have nothing for minority communities other than making one after other promises. It will not be an exaggeration that the present central government is more communal minded than any other party of the country.

India cannot prosper until political parties understand that all Indians are Only Indians and they should be treated uniformly without any discrimination based on caste  or community or region or religion.It is however beyond doubt that if the draft bill to prevent riot is passed to become act, it will open flood gate of problems and badly disturb the federal structure of the country and give rise to dispute and war between states , state and center and so on. History will never excuse Congress Party for its divisive policies .

Bowing to pressure, govt reworks communal violence bill--Times of India 06.12.2013
NEW DELHI: The government on Thursday agreed to rework the Prevention of Communal Violence Bill, bowing to criticism from the BJP and regional parties. 

BJP had attacked the original draft of the bill, promised by the UPA in 2004, saying it was loaded against the majority community and marked an assault on the powers of states. Besides, regional parties also opposed the first draft of the legislation because of their fear that it represented an intrusion into the turf reserved for states under the Constitution, rendering the prospect of its passage extremely uncertain. 

The new draft bill uses a community-neutral definition to identify a group which may fall victim to communal violence, while leaving the prevention and control of communal violence essentially to state governments. 

Unlike the original draft, the fresh one does way with the definition of a "group" hit by communal violence as a religious or linguistic "minority": a feature which was slammed by the BJP for its "anti-majority community" tilt. Now, communal attacks against all those "having a particular religious and linguistic identity" will be regarded as an offence. 

According to the draft bill, any individual who, "either working singly or being part of an association or acting under influence of an association, engages in continuing unlawful activity of a widespread of systemic nature against a group having a particular religious or linguistic identity, by indulging in violence, intimidation or sexual assault", will be accused of the offence of organized communal violence. 

The offences proposed to be covered under the law include hate propaganda, funding of communal violence, torture and dereliction of duty by a public servant. 

Bureaucrats and public servants will be held accountable for acts of omission as well as commission in the build-up to as well as during riots. They will face FIRs for failing to prevent and control riots, or if they are found colluding with the rioters. Penalty will also follow if officials intentionally inflict pain or suffering on those having a particular religious or linguistic identity, under directions of a public servant. 

Senior officials may also face command responsibility if they fail to exercise control over their subordinates, and the latter go ahead and aid communal violence or fail to supervise forces properly. 

The draft bill proposes to punish organized communal violence with life imprisonment; hate propaganda with up to three years' imprisonment or fine or both; funding of communal violence with three years or fine or both; dereliction of duty with imprisonment ranging from two years to five years; and breach of command with imprisonment of up to 10 years. 

The bill seeks to provide compensation of Rs 7 lakh to the next of kin of those killed in communal violence, Rs 5 lakh for rape, Rs 3 lakh to 5 lakh for disability, and Rs 2 lakh for grievous injury. 

Significantly, changes were announced on Thursday just after the contents of a letter written by Gujarat CM Narendra Modi to the PM found its way into the media and after SP and BSP expressed fears about encroachment on the jurisdiction of states. On Tuesday, governments ofWest Bengal (Trinamool Congress), Tamil Nadu (AIADMK) and Odisha ( Biju Janata Dal) had expressed similar fears at a meeting convened by the Centre. 

Under the re-worked legislation, the Centre's role will be limited to that of a coordinator and facilitator. The provision seeking to create a national authority to monitor action taken by the state governments to prevent and control riots has been dropped. The power to take action for controlling riots will continue to vest with the state governments. 

Unlike the earlier version of the bill which sought to empower the Centre to send forces to a communally disturbed area on its own, New Delhi cannot dispatch central forces and other resources to the site of communal violence until requested by the state government. 

The district magistrate and SP will be the competent authority to notify an area as communal disturbed for 60 days, with the provision that it can be expanded . 

"The reworked draft bill ensures that the Centre does not override the state's powers, dispelling the so-called anti-federal concerns raised by BJP as well as parties like AIADMK, Trinamool Congress and BJD," a senior home ministry official told TOI. 

Home minister Sushilkumar Shinde announced that the government plans to bring the bill during the current session of Parliament. However, meeting the deadline is going to be a tough order considering that the winter session ends on December 20, and that the government has to wrap up consultations for the draft to be finetuned by the law ministry. Even if government manages to introduce it, it will be only for making a statement for redeeming a promise that it made nine years ago. For, the bill will be referred to the standing committee of Parliament.

Draft riot law sets babus free from pressure from top-By Bharti Jain --Times of India 08.12.2013
NEW DELHI: Government officials, who refuse to obey an unlawful order of their superiors or political masters during communal violence cannot be held responsible for dereliction of duty, according to a reworked draft of the Prevention of Communal Violence (Access to Justice and Reparations) Bill. 

While holding bureaucrats and government officials responsible for all acts of omission and commission during riots, the fresh draft of the bill has made an exception for babus who stand upto unlawful orders by their superiors. "Any official who exercises the authority vested in him colourably or in a manner likely to lead to riots, or screens a person from legal punishment, or fails to prevent commission of communal violence, shall be guilty of dereliction of duty "provided that the refusal by an official to obey an unlawful order to perform an unlawful duty is not dereliction of duty", says the draft. 

District magistrates or commissioner of police - designated as "competent authority" — have been given sweeping powers to prevent outbreak of violence in a "communally disturbed" area. These include ordering prohibition of public utterances, singing of songs and playing of music that can incite passions; carrying of arms, knives, sticks and stones that can be used as missiles; and preparation and exhibition of pictures and symbols that may lead to breach of peace. Any violation of these prohibitory orders will be punishable with imprisonment upto three years and fine. 

The re-worked draft cuts down the maximum fine for a death caused by communal violence — from the Rs 15 lakh proposed in the draft approved by the National Advisory Council (NAC) to Rs 7 lakh. 

Chapter IV-A of the draft defines the powers of the competent authority, to be notified by the state government. Once an area is notified as "communally disturbed", the competent authority will have powers to regulate, prohibit or permit any assembly or procession within that area. A district magistrate, based on information that a situation has arisen in the notified area where there is fear of breach of peace or discord between religious communities, may prohibit any act intended to intimidate, threaten to promote ill-will. The competent authority may prohibit use of any private place for purposes likely to disturb peace. Whoever contravenes the relevant order shall be punished with rigorous imprisonment for a term that may extend upto two years. 

The competent authority may, by a written order, prohibit carrying of arms, swords, spears, bludgeons, guns, knives, sticks, corrosive substance or explosives in a notified area. Even carrying, collection and preparation of stones can be barred, as can songs with inflammatory lyrics; delivery of harangues, use of gestures, and display of incendiary pictures and symbols. 

The draft anti-riots bill empowers the competent authority to regulate movement of persons or a class of persons in a notified area. No person can loiter in or around a communally disturbed area after being asked to leave. Those who do so will attract rigorous imprisonment for a term which may extend to two years. Besides, threat or injury to a witness shall be punishable with imprisonment upto three years. 

The draft bill has done away with the provision in the NAC version, released in 2011, that made the Centre and state governments duty bound to ensure satisfaction and guarantee non-repetition of offences under the Act. The steps proposed included cessation of continuing violations, search for bodies of those killed/missing and assistance in their identification and reburial; ensuring that victims have access to justice; preventing the recurrence of violations by protecting persons in the legal, media and other related professions, and strengthening of human rights training to all sections of society.

No comments:

Post a Comment