Communal Violence Bill: A Conspiracy by NAC

Posted By on May 26, 2011 in Featured, Specials & Issues | 33 Comments

Many of the readers might be already familiar with the constitution, functioning and the orientation of the National Advisory Council (NAC). NAC is an extra-constitutional body that was constituted by an executive order in the year 2004. In this regard it is similar to the Planning Commission of India, which has acquired allmost an indispensable role for itself when it comes to economic policy. The crucial difference being that the Planning Commission is chaired by the PM, where as the NAC was peculiarly designed to suit the politics of UPA,i.e to portray Smt. Sonia Gandhi, Chairperson of NAC, as the saviour of the poor and oppressed. Despite being an outcome of national politics NAC has off late come to represent and position itself as a government within government, allowing the ruling party to position itself both with and against the government.

The focus of this post is one particular bill drafted by NAC called the “Prevention of Communal and Targeted Violence(Access to Justice and Reparations),2011”1. There is currently another version of this bill currently pending in the Parliament.2. Just one reading of the bill is sufficient for one to be concerned about the fallout of having such an act and seriously question the mindset and approach of the members of NAC.

Brief overview :

Under the new law any act of indulging in communal and targetted violence is defined as a non-bailable offense, procedures and resources for enquiry are laid out and punishment prescribed.

As every new law these days does, this law too prescribes the setting up of a new official structures and offices with vested power. A body known as National Authority For Communal Harmony, Justice And Reparation. In a token gesture to our federalism (which it later proceeds to undermine) it calls for similar bodies at the state level too. Having ensured ghoda, gaadi, kursi and a lifetime of pension for themselves and their ilk they proceed to brazenly forward their agenda, in no uncertain terms and with clinical precision. If this has caused any outrage in you, then I am certain what follows is sure to bankrupt you of it completely.

Definition of a group :

“group” means a religious or linguistic minority,  in any State in  the Union of  India, or Scheduled Castes and Scheduled Tribes within the meaning of clauses (24) and (25) of Article 366 of the Constitution of India.

Communal and targetteed violence is defined as :

“communal and targeted violence” means and includes any act or series of acts, whether spontaneous or planned, resulting in injury or harm to the person and or property,  knowingly  directed against  any person by virtue of his or her membership of any group, which destroys the secular fabric of the nation.

All the provisions provided in the bill are centered around and built on “ targeting a person by virtue of his of her membership of any group”. It is very clear even to a layman like me what it’s implications would be. Firstly, any targeted violence on those who are not a part of the “group” would automatically not qualify as communal violence. Hence violence reported in the recent times from places like Deganga or Meerut would fall outside the bill’s scope. Secondly, in a situation where there is violence from two or more sides targeted at each other, the provisions, powers and punishment of this bill would be deployed only against one such side.

It is not that the drafters of this biased and unjust bill do not realise this, look at what the bill has to say about the process of payment of compensation.

“All persons, whether or not they belong to a group as defined under this Act, who have suffered physical, mental, psychological or monetary harm……”

Very kind of them indeed. The saving grace is that no such devious definition of group could be spotted easily in the draft currently tabled in the Parliament. The blatant fashion in which NAC has drafted this bill and invited comments suggests that they don’t have a very high opinion about the capabilities of ordinary Indians to comprehend and challenge their authority.

Having murdered the very idea of natural justice and equality they now turn to strangle federalism. It seems to be there either on-demand or as a chip for central government to pursue this act further. Fortunately for India, the post-liberalisation era has seen the emergence of many strong and financially sound states. They have used the space provided by privatisation and delievered growth and a better life for their people. The bill makes the following provision :

“The occurrence of organised communal and targeted violence shall constitute “internal disturbance” within the meaning of Article 355 of the Constitution of India and the Central Government may take such steps in accordance with the duties mentioned thereunder, as the nature and circumstances of the case so requires.”

This is again an open attempt to colour the constitution. The intention being to empower the central government to indulge in arbitrary and politically motivated use of Art 356. The provision is in clear violation of the clarification and procedure laid down by the Supreme Court in the S.R.Bommai Vs Union of India case3. The judgement records the following

The expression “internal disturbance” is certainly of larger connotation than ” armed rebellion” and includes situations arising out of “armed rebellion” as well. In other words, while a Proclamation of emergency can be made for internal disturbance only if it is created by armed rebellion, neither such Proclamation can be made for internal disturbance caused by any other situation nor a Proclamation can be issued under Article 356 unless the internal disturbance gives rise to a situation in which the Government of tile State cannot be carried on in accordance with the provisions of the Constitution

Leaving other issues like legitimisation of phone tapping and like aside the above two issues are sufficient to be really worried about this bill and it’s intended consequences. Sadly, but from a very few influential columnists this draft hasn’t received the treatement it deserves. Media apart, it is sad to see that the other stakeholders like the State government’s remain silent on such proposals. May be this bill won’t get passed, but it is important to use these opportunities to draw lines and set new thresholds which would stay etched in both institutional and individual memories. The biggest takeaway from this is that the NAC today feels much more confident and sure of itself. The many  battles they  fought with the PMO and the Cabinet has emboldened them to attempt such a thing.

With the public outrage solely focussed on the corruption cases, nobody has bothered to ask them  the right question, which is : How dare you ?.

 

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Notes

1 http://nac.nic.in/pdf/pctvb_amended.pdf

2 http://www.prsindia.org/index.php?name=Sections&action=bill_details&id=6&bill_id=165&category=46&parent_category=1

3 http://www.indiankanoon.org/doc/596735/

 

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About Manohar Seetharam

  • Anonymous

    This bill seems to have been drafted keeping one incident and one person in view. It might even seek to apply it retroactively to that person, only because the party in power at the centre is unable to take the one person head-on politically.

  • http://twitter.com/rshivaag shivaag

    if you comment about 2 G’s you would be caught under this.

  • http://twitter.com/KVSarmaJ K V Sarma J

    The phrase “targeted violence” is very interesting. Most cases of violence are of course targeted violence. One would be mentally unstable to direct violence at any random people or person. Even in that case, it would be targeted violence. So how do classify only certain cases as “targeted violence”? Also, the difficulty in understanding the last part of definition “….destroying secular fabric of the nation”. So, if in an act of violence, if 10 Hindus are victims and 11 Muslims are victims, would it be “destroying secular fabric”. What is the mechanism for defining “the incident where secular fabric is destroyed”? and who decides? Who is the person who should decide when secular fabric has been destroyed?

    Another very important point “J&K is exempt from this act if J&K or Central Govt so feels?”. If there is one place where secular fabric of the nation takes a beating every day, it is J&K. Yet it is exempt.

    Curiously, even sexual assault is covered under this act. How is sexual assault “communal violence?” Sexual assault is a sexual assault. It is primarily between individuals. How is rape to be covered under Communal Violence. Dont we have enough laws already to cover all sorts of sexual assault!?

  • http://twitter.com/mseetharam Manohar Seetharam

    Yes imprints of post-Godhra riots are indeed clear on the draft bill. The deep suspicion of the police forces and bureaucracy is clearly spelled out in the draft.  The bill makes a judicial inquiry mandatory into all violations. 

  • http://twitter.com/mseetharam Manohar Seetharam

    “targeted violence”  is that which is directed at a person by virtue of him being a part of the group (as defined). That’s the underpinning for the whole thing. Any form of violence-sexual, physical or even discrimination can fall within it’s ambit.

    JnK : It’s a fallout of Art 370.

  • http://pulse.yahoo.com/_U2NMGZT4KE3I4PZFEQDZ4I3GKI Mallkarjuna

    The definition of group is not acceptable.  It does not cover religious aggression and atrocious committed by minority, say muslims, but targets any reprisals by Hindus.  More over it is grossly against fundamental of equality and it can be challenged in SC.

  • http://twitter.com/prashanthkpp Prashanth K.P.

    Permit me to be blunt.  This nasty bill has been drafted keeping Mr. Narendra Modi and Gujarat Riots in the backdrop. Moreover, the committee appointed by the NAC to draft the communal violence bill consists of all those members who are either sympathetic or political adversaries of Gujarat Government.  The NGOs included in the list consists of none other that Teesta Setalvad, General Secretary of CJP [Citizens for Justice & Peace] a highly corrupt and demented lady whose ambition in life is only to see Mr. Modi behind bars, be it by hook or crook.  To this effect she has undertaken measures by fabricating false evidence, causing disappearance of evidence, conspired criminally, trespassed into evidence territory, instigated her team to vouch and terribly hurt Hindu religious sentiments.  Only a equally menacing character in the form of SONIA GANDHI can form a committee to draft such an important bill.

    The veracity of the bill pales from its intent.  It is incisively anti-Hindu, pointedly pro-minority and totally biased. By recognizing identity based or targeted crimes, it has stretched far too beyond the existing legislation. Adding hate propaganda, organized violence, sexual assault other than rape augments the irrelevance of the bill. It further, goes one step ahead by departing from established norms of the Indian Penal Codes and Criminal Procedure Codes. It chances to supersede even the Communal Violence Bill invoked in 2005.

    It is everything you have so extensively and pragmatically detailed.

    It is not without awe that the citizens stare at the audacity and dereliction with which such a sensitive subject has been vanquished to suit the primordial designs of UPA2 Government and particularly, NAC, an unconstitutional body hastily instituted by CONGRESS for their nefarious designs to ruin the ethos of of Bharat.

    Thank you for the eye opener Sir, but what further can be done is beyond my comprehension other than but furiously comment my despair on such post appearing on CRI.

  • http://twitter.com/sanj_ay sanjay

    What is NAC’s mandate? it is fast becoming another dirty tricks department with the primary objective of polarizing the electorate. If you can’t do anything worthwhile, at least discredit the opposition seems to be their guiding principle.

  • http://twitter.com/ganpat73 munusamy ganapathy

      its nice to see the diehard supporters of draconian TADA/POTA/MCOCA etc shouting against this less draconian but equally anticonstitutional bill.the supreme courts too didnt throw out the TADA/POTA as their kin may not come under those acts which is possible with this communal violence bill.the court may play a proactive role with this bill (if its passed)like it plays with reservation to dilute/deride and safeguard their clan/castemen. 

  • http://twitter.com/mseetharam Manohar Seetharam

    It can certainly be challenged. But many exceptions have been made in the right to equality (eg : reservations) , it will be upto the SC.

  • http://www.tattvaanveshanam.org/ Manas
  • http://twitter.com/ranganaathan Ranga

    NAC members grey cells are DNA of Macaulay education, leaning Left & totally Anti-Bharathiya. Or else how can one come with such extreme thought of destroying the Bharathiya fabric & society. Today a friend of mine who explained his vision of Bharath, was invited by Muslims to their Mosque & explain the same to other members of their community, this happened in Sholapur. But due to time limitations, this friend left the place & continued on his journey, you will hear about this incidence in a few days from now.  Bharathiya is not religion, which the NAC should understand, Bharathiya is the people of Bharath irrespective of religion, caste, creed & who hold pride of being part of this great nation.  
    This NAC is ripe enough to be disbanded, or else they will cause great suffering to our Nation state. 

    Jai Hind … Vande Mataram

    Ranganaathan

  • Anonymous

    In the first place there is no end to the greed of our Politicians, hence they did not 
    (DID NOT) object to the creation of National Advisory Commission (NAC) in 2004. The greed of the opposition of the term ie BJP was they will also have an appointment to satisfy their own party leaders if they came into power. With leading constitutional luminaries keeping mum the ruling party has reaped the benefit of such an appointment, and the authority was solely wested with Soniaji who is now in the second term of the UPA is ruling the country as proxy PM, and with Mr yes man being the official PM she has not faced any opposition with in the party, and this has created more Yes men including the legal luminaries like Sibbal, Moily to name a few. She is not taking the nation in the direction of progress, but in the direction of the British Poicy of Divide and rule. More the division easier for her to handle even if she does not become prime minister. And of course, in the next term of Congress ie if they win and as it is expected if the Prince of Congress becomes the PM she will have the Hay day, and anything can be expected.

    So the whole blame can be placed in the lap of the NDA which was in opposition at the time of creation of Extra Constitutional Authority of NAC when it was proposed in 2004. It may not be long before we Indians will be under Dictators. 

  • http://twitter.com/tweetingsourav Sourav Mukherjee

    I have a legal question. Isn’t it a violation of Article 14, 15 of the constitution. And the grounds on which appointment of National Authority For Communal Harmony is being proposed a violation of Article 16?

  • http://twitter.com/manohar_sram Manohar Seetharam

    In my layman opinion : This draft bill is certainly in violation of those constitutional provisions. But on the Equal right to public employment (Art 16) we have seen that an exception has been made for reservations by variously and “progressively” interpreting the constitution. Caste = Class equation has been made. With a small clause added to one article and a small amendment to another along with the blessings of SC this draft can be a reality. But as of now, there are certainly many grounds on which it can be challenged.

  • for usenet

    Isnt everyone in India part of some group? So then we can replace the entire CrPC with the NAC bill because every act of violence can then be deemed to have occurred against the “group” to which the victim belongs?

    This is the most farcical piece of legislation introduced, and it behooves all of us to give appropriate feedback to the email they have listed.

  • Anonymous

    @twitter-46052566:disqus  totally agree wht you are saying…….i must say, apart from your language , your thoughts are really very clear and ability to express them is mind blowing! I really liked your post……..
    @others I am surprised to see, that a group is defined as simply a minority “group” means a religious or linguistic minority,  in any State in  the Union of  India, or…………….” technically speaking Hindu’s are in majority almost everywhere….so they are not part of the group.n if they are targeted then it wouldn’t be counted as a communal violence.wtf is this?this discretization itself violates something called as equality.a crime is a crime!groups can only be made between several accomplices.one cannot make religious groups here.i think this is a diversion from 2G or something big.it looks like it is a trap.this bill if given importance will cause diversion from other issues n if not given importance will create mess!

  • http://twitter.com/prashanthkpp Prashanth K.P.

    Appreciate your kind words Sir. My humble thanks.  It is the desperation, the helplessness, the inability to do anything more but write that perhaps helps bring out the dexterity in words.

  • http://pulse.yahoo.com/_PMEW5FOITQ4HQAXRCYT6BAIW74 aaryan

    Anti-Hindu Bill……..FACIST ITALIAN SONIA MIYANO trying to make her family supreme in INDIA……its for establishing democratic Monarchy ……Also…..its created for devastating HINDU’S…..so dat Hindu cud become inferior before Muslim and Christain……..AWAKE HINDUS…..else ur fate wud be like as of PARSI……

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  • Anita Rathod

    Just came across this site. But one thing I don’t understand is why you call yourself Centre Right?

    The majority of the blogs and posts here are about Hindutva and Hindu nationalism so  and not about Centrist or Rightist politics as such. So suggestion is to change the name from CentreRight to something that more correctly reflects the viewpoints

  • http://twitter.com/zincoshine Parthasarathy R

    You are complete mistaken and I can understand the reason too. I don’t blame you for it. Having been brainwashed by the Indian media for so long, You feel anything with a Right of Centre viewpoint (or anything that disagrees with your views) is Hindutva or Hindu nationalism! Many views of Hindutva or Hindu nationalism dare right of centre and its not the other way round!

  • Anonymous

    Anita Rathod – what blog do you write and who pays you for writing it? CPIM or NDTV>

  • http://twitter.com/KVSarmaJ K V Sarma J

    My two cents:

    1) NAC is not a center right policy. Center Right doesnt propose that there be a law to punish only majority for attrocities on minorities. That explains why this post is Center Right.

    2) There is a flowing theme in almost all posts on this site. Most of the time, starting from which govt to choose to what policy makes sense, the theme is to ensure free enterprise is given its due and I guess if in some posts, Hindutva seems to satisfy this requirement, then the people associated with this platform cant really help it.

    PS: You can show me any post and I will show it to you, how the theme flows quite smoothly.

  • http://twitter.com/manohar_sram Manohar Seetharam

    Even in this particular post, which is about a bill that deliberately discriminates against the majority community we have not based our arguments on Hinduism or any Hindu victimhood. We have only argued in favour of equality and federalism.  
    What in your opinion must be a part of centre right and what must not be ?

  • m p

    Pakistan’s anti-blasphemy law is implicitly anti-hindu, curtails free speech but it  does not apply to a group clash; However, India’s CVB is explicitly anti-hindu, automatically assumes that a hindu is guilty, and curtails free-speech and criticism directed at non-hindu faiths. In many respect, CVB is Supra Blasphemy law.

  • BLR 498a

    Someone is mentioning TADA/POTA in this forum to justify this blatant communal law. Could anyone of them show that TADA/POTA is having a words “minority” or “majority” in them? or about any “group”? it was applicable to all citizens of india irrespective of religion,caste,creed,gender,language etc.

  • http://pulse.yahoo.com/_4UWCREAMQUZJ3S4CF55P63KJ6I Anil

    This bill is not beyond the ambit of Supreme court .Soniya miyano gandhi is heading on the way of Indira gandhi but forget the consequences.

  • Anonymous

    Every 3/4 years congress takes some step to appease minor. They create
    show that they are much worry for minority but with such step actually minor community
    remain/feel alienated and never merge with the other community and blocks their
    progress. So, actually this is real communalism. Recent communal violence bill
    is also one more such step. This is shear vote bank politics by congress and they
    does since independence to wow minor but w/o their actual upliftment. So, can
    you say who is actually communal?

  • http://twitter.com/mycatseye ck

    Looks like the objective of NAC is to divide India. I would think that the objective of anyone would be to create a bright future for its citizens..majority, minority, and whatever other dispensations have. Instead of creating confidence for a better future among minorities, this bill seems to be preparing them for a civil war.  Even a brief look at its contents is obvious that the proponents of this bill have evil intentions.  This bill must be killed at this stage and NAC must be disbanded.  Its chief, Ms. Sonia and the coterie must keep to what they can do best….”do nothing.”

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  • Anonymous

    The very bloody birth of India and Pakistan in 1947 has been due to “communal and targetted violence”!It continues even to date,due to lack of a specific law to render justice to the the affected party and provide for reparations.It is more like a “deterrent to such recurrences” rather than a penal code! It paves the way for a re-orientation of the minds of religious, caste and linguistic groups towards a realistic appreciation for pluralism and living in harmony despite apparent differences,which are neither “deep” nor “divisive”!