The Hindu : New Delhi News : CPI (M) calls for law to tackle communal violence

Online edition of India's National Newspaper
Wednesday, Aug 17, 2005

New Delhi

New Delhi

CPI (M) calls for law to tackle communal violence

Special Correspondent

Legislation must safeguard rights, autonomy of states

NEW DELHI: Underlining the need for a comprehensive model law to tackle communal violence, the Communist Party of India (Marxist) has suggested that the Centre should take the initiative and consult all States on this.

"There is an urgent need for the Central Government to take the initiative for consulting all the States to evolve a mechanism by which the States' rights and autonomy shall be maintained on the one hand and, on the other, necessary legislative powers should be acquired to deal with the prevention of communal riots and providing speedy justice to the victims," an editorial in the recent edition of the party organ People's Democracy said.

In the backdrop of the report of Justice G.T. Nanavati Commission that probed the 1984 anti-Sikh riots, the editorial said the question of punishing the perpetrators of communal strife was necessary not only from the viewpoint of humanism and compassion but it was imperative that justice be delivered in order to strengthen the secular democratic foundations of the modern Indian republic.

The National Common Minimum Programme of the United Progressive Alliance Government speaks of a comprehensive law to deal with communal violence.

The editorial said while few would disagree with the need for such a law, concerns were expressed during the discussions while formulating the CMP.

These concerns relate to the federal structure of the Constitution under which the division of responsibilities and authority between the Centre and the States places the issue of law and order as a State subject.

"Any central legislation to deal with communal violence will thus, encroach upon the States' rights. Further, the potential to misuse it for political reasons against any state government will always exist.

What was finally agreed upon in the discussions was that a model law will be drafted and the Centre shall urge all the state governments to adopt this law in accordance to the specific conditions prevailing in that particular State. This assurance remains yet to be implemented," the editorial said.

Referring to the Nanavati Commission report, the editorial said, it was hoped that the Government would further probe the individuals named by the Commission and take action to punish the guilty.

This is only logical since the Congress as a party has apologised for the role of some of its leaders and members during the anti-Sikh riots.

It was an ironic coincidence that on the same day when the Government tabled the Action Taken Report on the Nanavati Commission Report, the Supreme Court came out with a blistering comment that the Gujarat police was either "conniving with the accused or worthless."

"For three long years after the gruesome State-sponsored communal carnage in Gujarat the guilty are yet to be apprehended while the victims continue to languish. This, despite a huge array of circumstantial evidence available through media reports and eyewitness accounts...

"While the various cases concerning the Gujarat carnage continue to be heard in various courts, neither relief for the victims nor the elimination of fear and insecurity for the minorities appears near.

It was once again ironic that the same Justice Nanavati is now to probe the Gujarat carnage! For how long can the modern secular Indian republic afford to not improve its justice delivery system in such instances?'' the editorial said.

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