Communal Violence Bill

04:59AM Wed 12 Feb, 2014

“Any third power may easily enslave India so long as we Hindus and Mussalmans are ready to cut each other’s throats.” – Mahatma Gandhi, 1921.

These words of the Father of our nation deserve to be etched in gold. He laid paramount emphasis on religious tolerance or secularism, which along with equality, justice, sovereignty and socialism, forms the foundation on which India stands. These are not just flowery words but are the principles and guiding light to make India an ideal nation but on a condition, that they are strictly adhered to. “Divide and Rule” – an acid attack on India by a power-hungry and blind British rule. Though it could not disfigure India’s secular image, it left behind some scars and stains. Scars which, today, are called as “Communalism”.
The ‘Prevention of Communal and Targeted Violence (Access to Justice and Reparitions) Bill’ seeks to make politicians and bureaucrats accountable for any damage control measures taken (or not taken) during a riot.
From 2002 riots in Gujrat to the recent Muzaffarnagar riots in 2012, this word has grabbed many a headlines. It is followed by tales and pictures of brutality, apathy and inability, hatred and ruptured ties. These are followed by an immediate but inadequate and ineffective furor, which dies out after sometime. Enquiry commissions and tribunals are constituted to investigate, but they get entangled in political debate and tussle over their findings and verdicts. Government officials and politicians indulge in passing the buck and take up no responsibility whatsoever. The ‘Prevention of Communal and Targeted Violence (Access to Justice and Reparitions) Bill’ seeks to make politicians and bureaucrats accountable for any damage control measures taken (or not taken) during a riot. It seeks punishment for any individual who spreads hate propaganda (by print or electronic media) or aids a riot materially or financially. It also recommends punishment to erring government officials, during a riot, which adversely affects the law and order situation and rehabilitation measures for the riot-affected people. It also seeks to transfer the trial of riot cases outside a state, if the trial isn’t fair in that state. Many riots in India, upon investigation, reveal that they could have been controlled if the district administration, political lobby and police took adequate measures to quell them. They reveal ineptitude of the government officials which led to further aggravated situations. This irresponsible behavior of certain important government officials is what this bill questions. By advocating strict punishment against the erring government officials who do not impart their official duties, during a riot, well or who aid the riots by remaining inactive for any reason, this bill tries to rattle the ranks of administration for better law and order enforcement. A particular section feels that, this bill seeks to victimize a particular community while giving undue advantage to the other. But no such thing can be inferred either from the bill or from any legal interpretation of it. Though certain inclusions, exclusions, changes and amendments are welcome but this bill, in no way can be called “Partial”. Accountability of responsibility is something on which this bill lays paramount importance. No growth or development of any kind is possible if segments of society are scarred by acts of violence and injustice. On the contrary, such incidents take us back to a primitive, intolerant and brutal era. This bill should be seen as an attempt to safeguard India’s secular fabric and nothing else.   The Companion