PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND REPARATIONS) BILL, 2011
· A draconian law which will impose permanent emergency in India for Hindus and the condition of Hindus will be similar to the condition of Jews in Germany who were tortured and executed without reason and merely on an allegation.
Prime Minister Manmohan Singh had said once that Muslims have first right over National Resources. This bill shows the same mindset of appeasement at work.
1. Who has drafted it?
· National Advisory Council (NAC) has drafted the communal violence bill with the purpose of presenting it in the Parliament in the monsoon session.
· NAC is an extra- constitutional body acting as a Super Parliament. It was constituted by Central Govt in the year 2004
Chairperson of NAC is President of Congress Party Smt. Sonia Gandhi. Its members include hand picked NGO activists who are Pro-Congress and known Hindu bashers like Teesta Seetalwad , Harsh Mander and likes.
Intention behind the bill
· Union Minister Kapil Sibal while making this bill public remarked about the alleged involvement of state government in Gujarat riots and hence such incidents should be prevented in future.
· Every bill has an INTRODUCTION which underlines the reasons for bringing the bill and the OBJECTIVES it seeks to achieve. This bill does not have any Introduction and hence does not specify the reasons or objectives.
· Timing of this bill is very important. Much maligned Christian organizations of USA have put India on its Human Rights Watch list after episodes in Gujarat and Orissa. This organization has never talked about the plight of Hindus in Kashmir or in Tripura and Manipur.
DANGEROUS PROVISIONS OF THIS BILL
Most dangerous definition in the bill is that of ‘The Group’ which “means a religious or linguistic minority in a given State or Scheduled Castes and scheduled Tribes”.
Scheduled castes and scheduled tribes already have a very strong law namely the Scheduled Caste and The Scheduled Tribes (Prevention of atrocities) Act, 1989. Hence need no additional law.
There is nothing called linguistic minority. Even in Maharashtra, if we see a dispute between Marathi and other languages, it is more of a dispute with non – Maharastians and assertion of Marathi culture on regional basis and not about language.
Regarding minorities, Parsi is a peace loving community and Sikhs, Buddhists, Jains are considered to be Hindus. Except for riots against Sikhs in 1984, there is no history of riots against them.
Hence in the name of religious minority, the bill is concerned only about Muslims and Christians. Muslims form 73% of the entire minority population. Christianity grows on conversions.
Thus the real intention of the bill is to appease Muslims as has been policy of Congress in the past and with an eye on U.P. elections next year as an immediate gain.
AN ACT IS AN OFFENCE ONLY IF IT IS AGAINST THE GROUP i.e. read against MUSILMS AND CHRISTIANS
a. Communal and targeted violence means an act or series of acts, whether spontaneous or planned, resulting injury or harm to the person and or property, knowingly directed against any person because of his membership of THE GROUP.
b. Hostile environment against THE GROUP means a hostile environment created against THE GROUP (read Muslims and Christians) so that it is difficult for them to do any trade or business or deprive them of their fundamental rights, or force them to leave their home or do any act which creates an offensive environment.
e.g. It is difficult to know when a person feels offended about an act.
For example if a Hindu refuses to give his house on rent to a Muslim, a businessman refuses to take raw material from a Muslim supplier, or a Muslim student is not given admission by a school or a client wants to change his Muslim lawyer, or a list of terrorists involved in bomb blasts in last 1 year is published in the newspaper and due to above said acts, a Muslim feels offended, this is an offence under this act.
c. Victim means any person belonging to this GROUP (read Muslims and Christians) who has suffered physical, mental, psychological or monetary harm to himself or his property and includes his relatives, legal guardian and legal heirs.
e.g. how can we measure which action leads to mental and psychological pain. For example any Muslim or Christian can complain that mental harm is caused to him by the noise of the band in the marriage party, the shankh or bell in temples, the processions during Diwali Dushara etc. then will the police book and arrest all persons involved in the procession etc.?
d. WITNESS is any person who knows about the facts or has information about the injury done to THE GROUP (read Muslims and Christians) only.
e. HATE PROPAGANDA includes any material published or communicated by words spoken or written or by signs or by visible representation or otherwise which incites hatred and may lead to violence againstTHE GROUP (read Muslims and Christians) or broadcasts or publishes or advertises any such information against THE GROUP (read Muslims and Christians), he is guilty of hate propaganda.
For example if any newspaper publishes the provocative speeches of Muslim fundamentalists who are inciting people on the basis of religion, or if a newspaper publishes list of terrorists who are Muslims or Christians or if anybody publishes names of Ajmal Kasab and Afsal Guru in newspaper in relation toJehad or if there is discussion or debate or seminar on terrorism or fundamentalism, etc. and the role of Muslims or Christians is discussed, this could be an offence.
This will give a death blow to freedom of speech and expression and will be against democracy.
e. Head of the organization/association will be responsible for act of its members
If any ordinary worker is involved in any such act against THE GROUP (read Muslims and Christians), the head of the organization can also be considered guilty. Thus if false complaint is lodged against a Hindu and he is member of a certain Hindu organization, then the head of that Hindu organization can also be arrested. Also if a Hindu is involved in any of the abovesaid acts and he says that he belongs to a certain Hindu Organization or is made to forcibly admit, then the head of the organization can be arrested.
f. TORTURE - If a public servant does any of the abovementioned Act including mental or physical pain against THE GROUP (read Muslims and Christians), he is guilty. He can be prosecuted without permission from the govt. which is otherwise always needed and is essential.
Public servants can also be removed from their office/job for dereliction of duty i.e. not doing enough to get justice for THE GROUP (read Muslims and Christians).
Public servants can also be held guilty for not being able to control the subordinates under him. Hence highly placed Senior Public Servants will always be afraid of being punished for not doing enough in favour of THE GROUP (read Muslims and Christians). Thus they can be arm twisted to inflict atrocities against a Hindu even without any evidence and just to please minorities.
The bill also states that the public servants including police cannot say that they were just doing their duty/obeying seniors if they do anything against THE GROUP (read Muslims and Christians). They will be punished.
g. SEXUAL ASSAULT is an offence only if committed against THE GROUP (read Muslims and Christians).
h. If a complaint is filed by any person of THE GROUP (Muslims and Christians) then the Hindu will be held guilty unless he proves his innocence. The Muslim or the Christian complainant does not have to give any proof. Mere allegation is enough.
This is in contradiction of the basic premise of law which states that “everybody is presumed innocent till proved guilty”. This bill states every Hindu accused is guilty till he proves his innocence.
NATIONAL AUTHORITY FOR COMMUNAL HARMONY, JUSTICE AND REPARATION
a. National Authority will be formed by Central Government to supervise and implement the provisions of the bill.
b. It will have 7 members including Chairperson and Vice Chairperson. 4 out of 7 members including Chairperson and Vice Chairperson will always be Muslims. This means the bill considers that only Muslims and Christians can take care and do justice for THE GROUP (Muslims and Christians). This a dangerous premise as it means that a Judge or President, Vice-President, Prime Minister or any other Public Servant takes care of people belonging to his religion/community only.
c. National Authority will monitor the postings, transfers of public servants including police, security forces etc. in case of even apprehension of communal violence against Muslims and Christians. This means even on the basis of one small information, National Authority can over take all the powers of the State Government and can interfere in the affairs of the states.
National Authority has almost unlimited powers as it can even issue orders to police and Armed forces in cases of communal violence against Muslims and Christians. Statements given to the National Authority is equal to statement given in court of law.
f. Qualification for being a member of National Authority. Usually retired judges of High Court/Supreme Court are appointed in various Commissions but in this case, persons need not be retired judges of High Court or Supreme Court.
g. Only THE GROUP (read Muslims and Christians) have right to relief, compensation. A Hindu victim of communal violence has no right relief and compensation under this Act.
CENTRE WITH THE HELP OF NATIONAL AUTHORITY WILL EXERCISE UNLIMITED POWERS TO INTERVENE IN THE STATES (READ STATES RULED BY OPPOSITION PARTIES) AND WILL TREAT A RIOT AS AN INTERNAL DISTURBANCE AND CONSIDER IT AS BREAKDOWN OF THE STATE MACHINERY LEADING TO IMPOSITION OF PRESIDENT RULE.
This means that if the Congress government at the Centre decides to dismiss the government in Bihar, Madhya Pradesh, Gujarat, Karnataka etc., a few unlawful elements can always stage manage a riot in these states and if it continuous for a few days, then the public servants, the police, the security forces can be transferred, posted, held guilty and hence threatened and intimidated; for an act of any public servant, head of the state i.e. Chief Minister will be held responsible and punished. Thus the complainant, the prosecutor and the judge is a same person.
This bill will break the federal arrangement in the country i.e. powers divided between centre and states and will also create ill-will between different religious communities.
This bill considers Hindus as a violent community who always does violence against Muslims and Christians and others. Hindus are always the accused. Muslims and Christians never do violence and are always the victims. Hence while Muslims burning Sabarmati Express, in Gujarat is not a crime but the spontaneous reaction from Hindus in form of Godhra riots is a crime.
Under the proposed Act, when a Danish cartoonist made a cartoon of Prophet Mohammed and Muslims rioted and killed Hindus in India, the killing of Swami Lakshmananand who opposed the conversions by Christian Missionaries is not a crime. But any reaction by and from Hindus is a crime.
The crimes under this bill are cognizable and non- bailable.
If this bill is passed in the Parliament and becomes an Act, then Hindus will have to keep their mouth shut and always be at the mercy of Muslims and Christians so that they should never complain against any Hindu in any police station because then no proof is needed, no witness is required and they will be held guilty and sent to jail.