The Hindu : National : ‘Communal violence Bill weak, dangerous’

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Sunday, Feb 14, 2010
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National

‘Communal violence Bill weak, dangerous’

Special Correspondent

NEW DELHI: Declaring the Communal Violence (Prevention, Control & Rehabilitation of Victims) Bill as “unacceptable,” civil rights activists on Saturday said the draft legislation in its present form – complete with the 59 amendments proposed by the Government -- was not only weak but dangerous.

“It will not only fail to secure justice for communal crimes, but will actually strengthen the shield of protection enjoyed by those who plan and sponsor these crimes. Further, it continues to perpetuate the silence around gender-based sexual crimes,” the activists and lawyers said here at the close of a two-day national consultation on the Bill.

Referring to the 59 amendments proposed by the government, they described them as “mere tinkering.” Neither do the proposed amendments make any structural changes to the Bill nor has the government factored in any of the suggestions made by civil society.

In turn, a slew of changes have been drawn up at the national consultation. Finding fault with the very definition of communal violence in the Bill, the activists and lawyers have instead suggested that it be defined as “any targeted attack committed on the persons and property of individuals or a group of persons on the basis of their religious identity, which can be inferred directly or from the nature or circumstances of the attack.”

The government’s proposal to declare certain areas as “communally disturbed” was rejected. Demanding that Chapter II of the Bill be dropped completely, they argued that the State already has sufficient powers vested in it by law. “Further empowering the State and Central governments would therefore not remedy the situation. Co-relation between crimes and disturbed area is false, dangerous and untenable, and must not find place in a law on communal violence.”

Of the view that punishment should be commensurate to the crime, they noted that other forms of punishment – such as disqualification from public office, debarring from professional associations or running for public office – should be included in the case of culpability of public officials.

Instead of holding the public servant accountable, the Bill, in their opinion, makes it more difficult to secure accountability. And, a “good faith” clause has no place in a law that seeks to prevent and control communal violence.

Calling for the inclusion of sexual crimes – like rape, forced pregnancy and enforced sterilisation -- in the Bill, the activists said since such acts were committed with the intent of intimidating, humiliating and degrading the dignity of the victim, such offences should be clearly defined. Further, the Bill must recognise the comprehensive rights of victims and survivors. As Asghar Ali Engineer put it, “Relief is not charity. It is the right of the victim but the State makes it look like a charity.”

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