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"A dangerous piece of legislation''

Staff Reporter

Academics, jurists reject the proposed Communal Violence Bill


  • `There is a unanimity that this Bill should not become an Act'
  • `There is a need to look at new definitions of crime against women'

    NEW DELHI: Describing it as a "dangerous piece of legislation'', academics and jurists unanimously rejected the proposed Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill at a National Consultation organised by Anhad here over the week end .

    While calling for a strong law to deal with communal violence, they charged that the Bill was totally "misconceived" and would actually "strengthen the shield of protection enjoyed by the State, its political leaders and its officials for their acts of omission and commission in these crimes".

    "There is a unanimity that this Bill should not become an Act. Victims and victim groups are apprehensive that this can be used against them. No provision is made to deal with those indulging in hate speeches. The relief and rehabilitation measures are not strong enough either,'' said former Chief Justice of India A. M. Ahmadi.

    Failing to address issues like hate speeches or gender-based violence, there was a serious problem with the way the Bill was worded, said Kavita Srivastava of the People's Union for Civil Liberty (PUCL).

    "The problem is also in the phraseology. There is no way that this Bill should be passed; it is so vague. There is a need to look at new definitions of crime against women. The Bill talks about grave situations or offences but who will decide if they are grave? Who will decide what is the scale?'' she asked.

    With a variety of concerns raised about the Bill, participants at the National Consultation also felt that the Bill looks at communal violence as a "one-time" event rather than a long-term politically motivated process.

    Social activist Farah Naqvi said: ``The Bill only seeks to prevent communal violence by giving greater powers to often communally tainted State governments instead of empowering citizens. The idea was never to have a knee-jerk reaction. For one and a half years we tried to work with the Bill. But the foundation is so flawed that it can't be remedied by amending a few components.''

    In a strongly worded statement, participants at the National Consultation -- Justice Ahmadi, former Mumbai High Court Judge Hosbet Suresh, former Kerala High Court Judge Usha, and former Delhi High Court Chief Justice Rajender Sachar among others -- have demanded that the Government set up a drafting committee to formulate an entirely new Bill after consultation with civil society.

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