The Hindu : National : Civil society groups criticise Communal Violence Bill

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Sunday, Dec 18, 2005

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Civil society groups criticise Communal Violence Bill

Staff Correspondent

"Consent of State required to prosecute public servants"

NEW DELHI: Civil society groups and individuals across the country have criticised the Communal Violence (Prevention, Control and Rehabilitation Bill), which the Central Government introduced in the Rajya Sabha on December 5.

Rejecting the Bill, they called upon the Government to consult all stakeholders and civil society groups and prepare a new law, which would strengthen the hands of citizens to make the Government accountable.

Civil groups not consulted

In a statement to the press, 42 organisations and individuals said the Government had not consulted civil society groups or try to forge a consensus on the Bill.

Citing the Gujarat instance where the State Government was found to be `complicit' in the violence against Muslims by many independent investigations, the statement said that instead of giving the Government more powers, the law should concentrate on giving citizens the power to hold the Government accountable and criminally liable for their acts of omission and commission and failure to protect or rehabilitate victims and failure to punish the guilty.

Emphasising that the Bill did not provide for punishment against public servants who failed to prevent communal violence, it said the Bill required prior consent of the State Government to prosecute public servants.

The statement said the existing power of the Central Government to intervene in cases where the State Government had a hand in the violence was negated by a provision, which required the Centre to seek permission of the State Governments for such an intervention.

Dilution alleged

It said the Bill did not define sexual assault to include the kind of violence women faced in Gujarat and failed to take into account issues such as minorities being driven out of their settlements, social and economic boycott of particular groups and discrimination in employment.

The statement said the rights of survivors have been introduced in a diluted fashion without stipulating any mandatory national norms for a rehabilitation scheme.

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