Welcome

Website counter
website hit counter
website hit counters

Sunday, June 19, 2011

Anti-Communal Violence Bill Criticised by Minority Leaders By Yoginder Sikand, NewAgeIslam.com

Anti-Communal Violence Bill Criticised by Minority Leaders

By Yoginder Sikand, NewAgeIslam.com

Ostensibly directed at preventing outbreaks of communal violence, the National Advisory Council Draft Bill, titled 'Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011', has been roundly critiqued by minority groups, who are almost invariably the worst-hit in incidents of communal violence. Speakers at a national consultation of Christian leaders recently held in Delhi, presided over by the Archbishop of Delhi, noted that the draft Bill contains disturbing features which, they argued, were contrary to the purposes of a law aimed at combating communal violence, thus defeating its purported objectives. 'It is a cause of serious concern for all of us that a Bill which contains regressive and draconian principles has been adopted by the NAC,' read a statement that was endorsed and circulated by the Christian leaders on the conclusion of the consultation.

One of the major grouses of minority and human rights activists who participated in the meeting was with how the Bill defines what it terms 'communal and targeted violence'—as an act that 'destroys the secular fabric of the nation.' This definition is central to the Bill, and all offences and rights of victims to justice and reparation would ensue only if the action warrants description as a communal and targeted violence as per this extremely restrictive definition. The statement endorsed by the Christian leaders pointed out that it was arguable if any event of violence in post-independence India, whether against religious minorities or Scheduled Castes or Scheduled Tribes, could be said have actually destroyed the 'secular fabric' of India. Presumably, then, such violence may not come under the definition of 'communal and targeted violence' as laid down in the Bill. Accordingly, the statement reads, the definition 'has ousted the most vulnerable from its statutory protection, rendering this Bill toothless and meaningless.'

As is well known, in various incidents of communal violence agencies of the state have played a central role, including in instigating violence as well as in turning a blind eye to murderous mobs. Presumably, communal violence cannot last long if officials, including political leaders, the police and bureaucrats, take a tough stand on the matter. Human rights activists have been trying, with little success, to insist on stiff punishment for officials complicit in acts of omission and commission relating to communal and targeted violence. On this score, the Bill fails. It does not, so the statement claims, incorporate crimes such as disappearances of people, although India is a signatory to the Convention Against Enforced and Involuntary Disappearances and has, in a recent pledge before the Human Rights Council at the UN, stated that it would work towards ratification of the Convention. The definition of torture of civilians in the Bill also falls short of expectations, and even of the definition proposed by the Rajya Sabha Select Committee on the Prevention of Torture Bill. The Bill's definition, as contained in certain clauses, of command or superior responsibility as well as of offences by public servants which extends criminal liability to those who mastermind, sponsor and allow communal and targeted violence, lacks legal certainty and precision, the statement insists. Hence, it argues, the Bill fails to rein in the impunity of persons occupying top echelons of political and administrative authority. Yet another cause for unease with regard to the Bill, according to the statement, are the powers that it provides to the Government to encroach on civil liberties. It empowers the state and central government the power to intercept telephonic communication, and censor and control the same.

The statement stresses that the Bill does not adequately address the harrowing conditions that victims of targeted and communal violence find themselves in in the aftermath of such attacks. Clause 61 of the Bill recognizes the need to assist displaced victims in order to initiate legal proceedings. Yet, it points out that the recommendation that the police officer visiting the relief camp would record statements and conduct an inquiry into the circumstances and cause of each individual being displaced and transferred to  a relief camp is problematic, arguing that it would be better if the officer recorded statements of victims with respect to commission of cognizable offences, dispatch such statements to be registered as FIR and investigated by the police station of competent jurisdiction.  Similarly, it contends that Clause 64 (1) of the draft Bill is 'misconceived' as it makes it compulsory for the statement of a victim- informant to be recorded by a Magistrate on oath, while not recognizing the situation in which victims find themselves after a communal and targeted assault. Hence, it notes, this provision would only heighten the vulnerability of victims, particularly in light of the scant protection offered to witnesses by this Bill. The Bill places no obligation on the State to protect witnesses after they depose against the socially and politically powerful. It purports to offer protection during trial by keeping the identity of the witnesses confidential. However Clause 88 of the Bill makes it mandatory for all court proceedings under this law to be video recorded and a copy of this recording to be given to the accused person, among others. The statement indicates that there is a serious possibility that these video recorded proceedings may increase the vulnerability of the witnesses and victims, thus failing in its stated objective of helping him or her secure justice.

Given what they regarded as major loop-holes in the Bill, which, they pointed out, fail to properly protect and address the concerns of the victims of communal violence, the participants in the consultation insisted that they could not accept it. Instead, they stressing, instead what their statement termed as their commitment to 'continue [their] struggle' for a 'meaningful and effective' Bill against targeted and communal violence by 'engaging government and civil society in the process'.

URL: http://newageislam.com/NewAgeIslamCurrentAffairs_1.aspx?ArticleID=4847

 


-- 
Hatred does not cease by hatred, but only by love; this is the eternal rule.

--The Buddha
 
A tree, a religion, a school, and parents are judged by the fruits they produce




-- 
Hatred does not cease by hatred, but only by love; this is the eternal rule.

--The Buddha
 
A tree, a religion, a school, and parents are judged by the fruits they produce

No comments:

मैं नास्तिक क्यों हूं# Necessity of Atheism#!Genetics Bharat Teertha

হে মোর চিত্ত, Prey for Humanity!

मनुस्मृति नस्ली राजकाज राजनीति में OBC Trump Card और जयभीम कामरेड

Gorkhaland again?আত্মঘাতী বাঙালি আবার বিভাজন বিপর্যয়ের মুখোমুখি!

हिंदुत्व की राजनीति का मुकाबला हिंदुत्व की राजनीति से नहीं किया जा सकता।

In conversation with Palash Biswas

Palash Biswas On Unique Identity No1.mpg

Save the Universities!

RSS might replace Gandhi with Ambedkar on currency notes!

जैसे जर्मनी में सिर्फ हिटलर को बोलने की आजादी थी,आज सिर्फ मंकी बातों की आजादी है।

#BEEFGATEঅন্ধকার বৃত্তান্তঃ হত্যার রাজনীতি

अलविदा पत्रकारिता,अब कोई प्रतिक्रिया नहीं! पलाश विश्वास

ভালোবাসার মুখ,প্রতিবাদের মুখ মন্দাক্রান্তার পাশে আছি,যে মেয়েটি আজও লিখতে পারছেঃ আমাক ধর্ষণ করবে?

Palash Biswas on BAMCEF UNIFICATION!

THE HIMALAYAN TALK: PALASH BISWAS ON NEPALI SENTIMENT, GORKHALAND, KUMAON AND GARHWAL ETC.and BAMCEF UNIFICATION! Published on Mar 19, 2013 The Himalayan Voice Cambridge, Massachusetts United States of America

BAMCEF UNIFICATION CONFERENCE 7

Published on 10 Mar 2013 ALL INDIA BAMCEF UNIFICATION CONFERENCE HELD AT Dr.B. R. AMBEDKAR BHAVAN,DADAR,MUMBAI ON 2ND AND 3RD MARCH 2013. Mr.PALASH BISWAS (JOURNALIST -KOLKATA) DELIVERING HER SPEECH. http://www.youtube.com/watch?v=oLL-n6MrcoM http://youtu.be/oLL-n6MrcoM

Imminent Massive earthquake in the Himalayas

Palash Biswas on Citizenship Amendment Act

Mr. PALASH BISWAS DELIVERING SPEECH AT BAMCEF PROGRAM AT NAGPUR ON 17 & 18 SEPTEMBER 2003 Sub:- CITIZENSHIP AMENDMENT ACT 2003 http://youtu.be/zGDfsLzxTXo

Tweet Please

Related Posts Plugin for WordPress, Blogger...

THE HIMALAYAN TALK: PALASH BISWAS BLASTS INDIANS THAT CLAIM BUDDHA WAS BORN IN INDIA

THE HIMALAYAN TALK: INDIAN GOVERNMENT FOOD SECURITY PROGRAM RISKIER

http://youtu.be/NrcmNEjaN8c The government of India has announced food security program ahead of elections in 2014. We discussed the issue with Palash Biswas in Kolkata today. http://youtu.be/NrcmNEjaN8c Ahead of Elections, India's Cabinet Approves Food Security Program ______________________________________________________ By JIM YARDLEY http://india.blogs.nytimes.com/2013/07/04/indias-cabinet-passes-food-security-law/

THE HIMALAYAN TALK: PALASH BISWAS TALKS AGAINST CASTEIST HEGEMONY IN SOUTH ASIA

THE HIMALAYAN VOICE: PALASH BISWAS DISCUSSES RAM MANDIR

Published on 10 Apr 2013 Palash Biswas spoke to us from Kolkota and shared his views on Visho Hindu Parashid's programme from tomorrow ( April 11, 2013) to build Ram Mandir in disputed Ayodhya. http://www.youtube.com/watch?v=77cZuBunAGk

THE HIMALAYAN TALK: PALASH BISWAS LASHES OUT KATHMANDU INT'L 'MULVASI' CONFERENCE

अहिले भर्खर कोलकता भारतमा हामीले पलाश विश्वाससंग काठमाडौँमा आज भै रहेको अन्तर्राष्ट्रिय मूलवासी सम्मेलनको बारेमा कुराकानी गर्यौ । उहाले भन्नु भयो सो सम्मेलन 'नेपालको आदिवासी जनजातिहरुको आन्दोलनलाई कम्जोर बनाउने षडयन्त्र हो।' http://youtu.be/j8GXlmSBbbk

THE HIMALAYAN DISASTER: TRANSNATIONAL DISASTER MANAGEMENT MECHANISM A MUST

We talked with Palash Biswas, an editor for Indian Express in Kolkata today also. He urged that there must a transnational disaster management mechanism to avert such scale disaster in the Himalayas. http://youtu.be/7IzWUpRECJM

THE HIMALAYAN TALK: PALASH BISWAS CRITICAL OF BAMCEF LEADERSHIP

[Palash Biswas, one of the BAMCEF leaders and editors for Indian Express spoke to us from Kolkata today and criticized BAMCEF leadership in New Delhi, which according to him, is messing up with Nepalese indigenous peoples also. He also flayed MP Jay Narayan Prasad Nishad, who recently offered a Puja in his New Delhi home for Narendra Modi's victory in 2014.]

THE HIMALAYAN TALK: PALASH BISWAS CRITICIZES GOVT FOR WORLD`S BIGGEST BLACK OUT

THE HIMALAYAN TALK: PALASH BISWAS CRITICIZES GOVT FOR WORLD`S BIGGEST BLACK OUT

THE HIMALAYAN TALK: PALSH BISWAS FLAYS SOUTH ASIAN GOVERNM

Palash Biswas, lashed out those 1% people in the government in New Delhi for failure of delivery and creating hosts of problems everywhere in South Asia. http://youtu.be/lD2_V7CB2Is

THE HIMALAYAN TALK: PALASH BISWAS LASHES OUT KATHMANDU INT'L 'MULVASI' CONFERENCE

अहिले भर्खर कोलकता भारतमा हामीले पलाश विश्वाससंग काठमाडौँमा आज भै रहेको अन्तर्राष्ट्रिय मूलवासी सम्मेलनको बारेमा कुराकानी गर्यौ । उहाले भन्नु भयो सो सम्मेलन 'नेपालको आदिवासी जनजातिहरुको आन्दोलनलाई कम्जोर बनाउने षडयन्त्र हो।' http://youtu.be/j8GXlmSBbbk