Communal Violence Bill

Communal violence bill: The pota of upa?

Whether it is anti-Sikh riots in 1984 or Babri Masjid demolition in 1992 or the Gujarat riots in 2002 or the recent riots in Muzaffarnagar, all have halted the progress of the country and the aftermaths are still alive and animating in many walks of life in society. Communal violence threatens the secular fabric, unity, integrity and internal security of a nation. With a view to empowering the State Governments and the Central Government to take effective measures for prevention and control of communal violence and to rehabilitate the victims of such violence, for speedy investigation and trial of offences including imposition of enhanced punishments, than those provided in the Indian Penal Code, on persons involved in communal violence and for matters connected therewith, it has been decided to enact a law by Parliament. Therefore the Government’s commitment to stop communal violence leaving no-stone-unturned which is also an obligation of the United Progressive Alliance’s National Common Minimum Programme, has introduced the PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND. REPARATIONS) BILL, 2011 in the Upper House of the Parliament. Legislation in the area of communal harmony forms a basic tenet of the philosophy of governance of the Government. The built-in efficacy of the Bill is self-evident in respect of prevention of communal violence and its rapid containment in the unfortunate eventuality of its occurrence.

The Bill empowers the Centre and the State Governments with wide powers including arrest and search without warrant. It says State Government can declare an area “communally disturbed” if the manner and scale of violence involves the use of criminal force against a group, caste or community that results in death or destruction of property. The novel feature of the Bill was that it comprised mandatory provisions to ensure compensation to victims of communal violence. The Centre and states would set up rescue and rehabilitation councils and create separate funds for the purpose. The Bill also provided for creation of special investigation teams and special courts for speedy disposal of cases. It also enhances the punishment that can be awarded for offences in riots. For relief and rehabilitation, the state government is mandated to nominate a committee of mainly official and some non-official members selected by it, which will advise and assist the government in its duties.

No doubt this is a welcome code, but the thriving accomplishment of the bill will be based upon its effective and well-thought execution coupled with non-abuse of powers which will accurately uphold the public trust in our Sovereign Socialist Secular Democratic Republic. Most fundamentally, the Bill will require nothing less than a reform in the dusted Criminal Justice System of India. Government officials will have to learn to accustom themselves to a new reality and shall try to affirm communal peace and tranquility in the society. The benchmark merit of the proposed law lies in the portion, where the criminal justice administrators strive to prevent the occurrences rather than endeavoring for the rehabilitation of the aftermath. Though Chapter III of the bill takes care of this, it is recommended that a separate mechanism can be created for the purpose. The nation has witnessed some serious and paradoxical upshots in the past when the executive organ of our democracy was fortified with wide powers whether they are conferred by Article 352 of the Indian Constitution or equipped under Prevention of Terrorism Act, 2002 or by the virtue of Armed Forces Special Powers Act, 1958. Therefore, the foremost urge to the government is that the secretarial organ of the State should not discharge its functions arbitrarily as it is armed with wide powers, but shall guarantee the principles of natural justice.

If democratic form of governance takes pride in the basic tenet of accountability, it has to be reflected through its laws. The Bill seems to guarantee the ‘doctrine of social audit and public accountability’ by prescribing punishment for the public servant if exercises his lawful authority in a mala fide manner or wilfully omits to exercise lawful authority vested in him. Similarly, politicians responsible for triggering communal violence would be debarred from contesting elections, if proved guilty, and efficient services be rewarded.

In a nation still deeply wounded by the state-sponsored communal massacre as witnessed in Gujarat in 2002, the UPA has delivered a meaningful law in conformity with its commitment to uphold the secular values of our culture. So, let us also hope that the new legislation will not only prevent communal violence but also enable all the Montesquien organs of the State to strive for the promotion of communal harmony among different communities and would not repeat the history of the bygone POTA of   NDA