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Malegaon:
On one hand National Advisory Council (NAC) led by Mrs. Sonia Gandhi
is holding consultations with a cross section of Civil Rights Groups to evolve a consensus on
the Communal Violence
(Prevention, Control and Rehabilitation of Victims) Bill, there are
reports suggesting the government has already finalised it, observe
activists Ms. Shabnam Hashmi and John Dayal.
"While one wing of the government
engaged the activists in negotiations on Communal Violence Bill, the
other leaked out to the media that all the concerns have been
incorporated in the Communal Violence Bill", they said. Shabnam Hashmi, who is the Chairperson
of Delhi based ANHAD and John Dayal of the All India Christian
Council were addressing the press in Delhi June 26.
"We assumed that discussions were
still on to decide the final shape of the bill. But we were shocked
to read news reports supposedly emanating from the Ministry of Home
Affairs indicating that the government had finalised the bill", they
added.
The publication of these reports, Ms.
Hashmi and John Dayal said, virtually coincided with the meeting
they had with two members of the National Advisory Council (NAC),
Harsh Mander and Farah Naqvi, who had invited them – along with
representatives of several other civil society groups -- for a
“consensus-building discussion” on the Bill, prior to the July 15
meeting of the full NAC on the subjet.
"But with the publication of the news
reports, it appears as if the government has already made up its
mind,” said John Dayal.
Stating that the Home Ministry is
unaware of the extend of communal virus that has seemed at the
ground level and it is no longer confined to Gujarat, they said the
recommendations made by them are non-negotiable and unless
they are added in the proposed bill, it will be counterproductive.
"The UPA Government’s Common Minimum
Programme in 2004 had promised to give the citizens of this country
a ‘comprehensive legislation’ to fill this legal vacuum. We were
promised a legislation that would strengthen the hands of the
citizens in the struggle against communalism. However, The Communal
Violence (Prevention, Control & Rehabilitation of Victims) Bill
2005, introduced in the Rajya Sabha in December 5, 2005, was a
complete betrayal. The 2005 Bill was roundly criticized and rejected
by civil society at all levels", they said.
Anhad had organized National
Consultation to discuss the Communal Violence Bill 2009 in February,
2010. Over 200 activists, jurists participated in the consultation
from across India. A core group was later formed to engage with the
government on behalf of various organizations. Afterwards, the
participants of this national consultation organized public meetings
across India to discuss the Bill. The Delhi core group that emerged
after the national consultation met various ministers and political
leaders. Several meetings took place with the Law Minister and his
colleagues in the Ministry.
The core group submitted the Proposed
Amendments to the Communal Violence (Prevention, Control and
Rehabilitation of Victims) Bill, 2005 on May 29th, 2010 to the Law
Minister and to the Sub group on CV Bill, National Advisory Council
Today, on June 24, 2010.
The recommendations 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…”
They are of the view that the
government does not need to be “empowered,”, it needs to be made
“accountable.”
The Civil Rights groups are also
opposed to declaring a particular area as “communally disturbed".
They feel that when an area is declared “communally disturbed,” the
government acquires draconian powers, which entitles them to conduct
combing operations, “search and seizure” exercises, etc.
Moreover, the activists want crimes of sexual assault not only to be
added as offences, but the definition of sexual crimes to be
broadened.
“Traditionally, sexual crimes mean
only rape,” Ms. Hashmi said, adding, “But what about cases of
stripping of women in public, pushing iron rods into their bodies
etc.”
They also recommended formation of an
autonomous new authority, free of the influence of the Home Ministry
and the National Human Rights Commission, at the Centre, the state
and the district-level to monitor the implementation of the Bill.
Finally, they want both public
servants and non-State actors criminally responsible for both “their
acts of omission and commission.”
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