A communal Bill on its way to parliamentPosted: September 3, 2011
“A BILL To respect, protect and fulfill the right to equality before law and equal protection of law by imposing duties on the Central Government and the State Governments, to exercise their powers in an impartial and non-discriminatory manner to prevent and control targeted violence, including mass violence, against Scheduled Castes, Scheduled Tribes and religious minorities in any State in the Union of India, and linguistic minorities in any State in the Union of India; to thereby uphold secular democracy”
The Communal violence Bill , starts with the above note, in which it clearly explains that this Bill is intended to protects minorities only. So let us be very clear from the very beginning that if a community happens to be majority, in some state, then if there is a targeted violence against the majority community of that states, this bill does not apply. Now interesting part is as follows,
(2) It extends to the whole of India excluding the State of Jammu and Kashmir.
Remember this is the only state under Indian Union where Hindus are minority and Islam is a majority, If Hindu Muslim conflict, or if there is a targeted violence against the minorities (Read Hindus in Jammu Kashmir) this bill cannot help them. So the Hindu community cannot become a minority community except in a few states like in North East where Christians are majority. In India communal violence is read as Hindu-Muslim riots, so in plain words, anywhere in India if such an unfortunate incident happens, the Muslims will be benefitted with this bill and Hindus will be victims of this bill. The linguistic and SC-ST provisions are added just to divide the already divided Hindu community. The central theme is APPEASEMENT of minority (read Muslims) vote bank.
Definition of the group itself will create several deadlocks, a few example scenario is.
The word minority is defined nationally, not state wise. And the term “minority” itself is not clearly defined under constitution. Does minority means the community which are in less number than majority or whether it means they are less than so and so percentage of total population.
Even if a state decides its religious minority, then there are certain districts in the states where this majority community is a minority.(for Eg : Malapuram in Kerala ).So how about a communal violence in Malapuram against its minorities(Hindus),will it come under this bill ?
Linguistic minorities are also beneficiaries of this bill. So what if a riot between a linguistic minority and a religious minority breaks out, then whether the linguistic minority group’s majority religious status will be considered?
Now let us jump to chapter II (offences) of this act, read about one presumed offence that a majority community will do against a minority community.
whoever publishes, communicates or disseminates by words, either spoken or written, or by signs or by visible representation or by electronic or other means of mass communication or otherwise acts inciting hatred causing clear danger of violence against a group or persons belonging to that group, in general or specifically, or disseminates or broadcasts any information, or publishes or displays any advertisement or notice, that could reasonably be construed to demonstrate an intention to promote or incite hatred or expose or is likely to expose the group or persons belonging to that group to such hatred, is said to be guilty of hate propaganda.
Wonder what do they mean by hate Propaganda, that a majority community is likely to do against a minority community. If at all they do, will these hate propaganda is of any higher degree than what is written in the holy books of minority community, for Instance a hate propaganda against Hindus from Koran 9th chapter
“And when the sacred months have passed, then kill the polytheists wherever you find them and capture them and besiege them and sit in wait for them at every place of ambush.” Will not be considered as Hate propaganda, because it is against Hindus, who do not come under the definition of GROUP. And also the blog post I am writing may become hate propaganda against minority, only because I criticize their faith and ideology.
Punishment for hate propaganda- The offence of hate propaganda shall be punishable with imprisonment which may extend to three years or fine or both.
That means, if any minority community member feels that I am propagating hate against them, and then if this bill is made to a law, I can be put under bars for three years. But if I feel the same or higher degree of hate is propagated against my religious sentiments then, I shall silently suffer the pain.
Sexual assault.- A person is said to commit sexual assault if he or she commits any of the following acts against a person belonging to a group by virtue of that person’s membership of a group:
Evidence: Upon the sole testimony of the victim of sexual assault, the Designated Judge appointed under this Act may conclude that an offence of sexual assault has been committed by the accused against the said victim.
Consider a scenario, during a communal violence, it is not necessary that only one community are victims, In Gujarat riots too there were quite a number of Hindu victims. As far as rape is concerned, it does happen in every community; no matter they belong to majority or minority. So if in an unfortunate communal riots, if ten women who belong to majority community are rape victims and two woman from minority community are rape victims, according to this bill, the #cvb is applied in case of the two minority women rape case ,while IPC or CRPC in case of 10 majority women rape case. Does this seem to be any logic to you?
Whoever, being an individual, singly or jointly with others or being a part of an association or on behalf of an association or acting under the influence of an association, engages in continuing unlawful activity of a widespread or systematic nature knowingly directed against a group or part thereof, by virtue of their membership of that group, by use of violence or threat of violence or intimidation or coercion or by committing sexual assault or other unlawful means, is said to commit the offence of organised communal and targeted violence.
Now if any criminal from majority community, commit any offence against members of minority community, and if he has any connection whatsoever with any organization,then the entire organization can be blamed.So now defaming RSS is much simpler, thanks to Sonia brains.
Where a Designated Judge is satisfied, suo moto or upon a complaint or a police report that a person is likely to commit an offence under this Act in any area in a State, it may, by order in writing, direct such person to remove himself or herself beyond the limit of such area, by such route and within such time as may be specified in the order, and not to return to that area from which he or she was directed to remove himself or herself for such period, not exceeding six months, as may be specified in the order.
Suppose a minority community member or organization complains to the police, that a person so and so from majority community is likely to create an offence under this act, and if police take the complaint into consideration, then this person should remove himself from that place. Hilarious! Isn’t it?
The IPC and CrPC already has enough laws to curb criminal acts in our country. This new bill will only help to divide the crime and punishment on majority and minority lines. Let the crime be a crime, whether it is done by majority or a minority, and let them be punished using same yardstick of laws. India which is a secular country should think of introducing Uniform civil code, rather what the present government seeming to do is that they are dividing the laws again and again. It is the responsibility of learned lawyers, from all communities to prevent this bill from making into a law. The bill which is communal with itself is on the way to parliament.
Further reading (click)
The Draft of the bill can be downloaded here
- ARUN JAITLEY why-the-communal-violence-bill-is-flawed
- communal-violence-bill-a-conspiracy-by-nac in CRI !
- nacs-draft-communal-violence-bill-an-analysis by offstumped !