The Hindu : National : Activists upset at reports on communal violence Bill

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National

Activists upset at reports on communal violence Bill

Smita Gupta

They express shock at reports that it has been finalised

Discussions still on to decide the final shape of Bill
Recommendations made to NAC “non-negotiable”

New Delhi: Even as the Sonia Gandhi-led National Advisory Council (NAC) is holding consultations with a cross-section of civil society groups to evolve consensus on the Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, so that their suggestions can be incorporated in the final text, before it is brought to Parliament in the monsoon session, the government appears to have finalised the Bill. Or so members of civil rights groups alleged here on Saturday.

Shabnam Hashmi of Anhad, which had organised the second National Consultation to discuss the Bill in February, and John Dayal of the All- India Christian Council referred to news reports, which appeared a few days ago, indicating that the government had finalised the bill. The publication of these reports, Ms. Hashmi and Mr. Dayal said, virtually coincided with the meeting they had with NAC members Harsh Mander and Farah Naqvi, who had invited them – along with representatives of several other civil society groups — for a “consensus-building discussion,” prior to the July 15 meeting of the full council on the subject.

Ms. Hashmi and Mr. Dayal said they assumed that discussions were still on to decide the final shape of the Bill, and so they were shocked to read the news reports, which they presumed emanated from the Home Ministry. “It looks as though the government has made up its mind,” said Mr. Dayal.

Ms. Hashmi and Mr. Dayal also released the recommendations they had made to the NAC earlier this week. These were “non-negotiables.” These include opposition to the preamble, which reads: “To empower the State governments and the Central government to take measures to provide for the prevention and control of communal violence…”

Make government accountable

Their view is that the government does not need to be “empowered,” it needs to be made “accountable.” Secondly, the Bill lays down the conditions under which a communally sensitive region can be declared a “communally disturbed area.” The civil society groups are opposed to this provision as they feel that when an area is declared “communally disturbed,” the government acquires draconian powers which entitles it to conduct combing operations, “search and seizure” exercises, etc.

Broaden definition

Thirdly, they want crimes of sexual assault added as offences, and also the definition of sexual crimes broadened. “Traditionally, sexual crimes mean only rape,” Ms. Hashmi said. “But what about cases of stripping of women in public, pushing iron rods into their bodies, etc?” Fourthly, they want an autonomous new authority, free of the influence of the Home Ministry and the National Human Rights Commission, at the Centre, State and district levels to monitor the implementation of the Bill. Finally, they want both public servants and non-state actors criminally responsible for “their acts of omission and commission.”

States may contest Bill

If these are the issues engaging civil society groups, senior government sources told The Hindu that the Bill was unlikely to be passed in its current form as it would be contested by the State governments. For, it gives the Centre special powers to deal with communal violence, including declaring a region a disturbed area. The sources said: “Civil society groups are looking at everything through the prism of Gujarat. The country is not Gujarat. What is required is political will – not more laws.”

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