Monday, September 12, 2011

The terrifying Communal Violance Bill 2011 and its agenda of cracking the Indian Society.

The draft Bill, PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND REPARATIONS) BILL, 2011, is available on net, thankfully. I, though not a legal person, managed to read it, and mercifully, the language is not as complex and pretentious as it was used in drafting laws and acts in bygone era.
I have following Questions and Objections with regards to the said bill.
1. Why is it presumed that the targeted violence is always perpetrated by Majority group and targeted towards Minority.?
2. Would the member or members of minority not be charged under this act even if it is conclusively proved that the act of violence is perpetrated by that member or members of the minority group?
3. Even within the region where a particular group is in minority, there are pockets where they are in majority, such as Bindi Bazar in Mumbai or Usmanpura in Ahmedabad. If the act of violence is perpetrated there by the members or members of the minority group towards the member of the majority group, will the perpetrator be prosecuted under this act, as they were in majority in the said sub-region?
4. If the violence is not a mass violence but towards the individual victim from a minority group, and the reason for such a violence is other than communal, such as social or financial dispute, what will stop the government to try that particular case under this act?
5. Why is the state of Jammu and Kashmir excluded although highest number of gravest crime against Minority is committed in that state since decades? In the amendment too, states of Jammu and Kashmir is not clearly included as the wording in the amendment is as follows.
1. Short title, extent and commencement.- (1) This Act is called “Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Act, 2011”.
(2) It extends to the whole of India.
Provided that the Central Government may, with the consent of the State of Jammu and Kashmir, extend the Act to that State.
(3) It shall come in to force within one year from the date of the passing of this Act.

6. What will stop the government to put any act of violence under this law and there by unnecessarily harass a member or members from the majority group? Will not a simple case of road rage be termed as targeted violence ?
7. Will not this definition become the cause of fragmentation of the Indian society? The entire society never takes part in any kind of violence but this particular definition successfully fragments the society permanently in to Minority groups and Majority Groups. Is not the proposed act against the lofty doctrine of Ekatma Bharat?
8. Land mafias habitually displace people for acquiring a piece land. This, though decidedly is an injustice, cannot be termed as targeted violence against the member of minority group, and the perpetrator of such a crime cannot be tried under this law. How would this distinction be made? If the court finds that a person is being tried under a wrong act, the case will be dismissed and fresh case will have to be registered which will burden the already burdened judiciary process
9. This definition clearly incriminates a person or persons committing crime against the member of minority group under this act even if the purpose, motive or provocation for the crime is not of communal nature. In most crimes the perpetrator has a knowledge if the victim is from a particular cast, religious group or any other minority group but not in all cases the motive of crime is of communal nature. This definition would give a communal colour to all crimes where members of two different groups are involved.
10. In case of crime of not communal nature, the member of the majority group would always be at a disadvantage. In case of victim being from the majority group the offence will be registered under other act but In case of the victim being from minority group even the crime not having communal motive can and will be registered under this act.
11. A criminal from Majority group perpetrating crime of non communal nature can be tried under this act where as a criminal from a minority group committing similar crime against the person of either minority group or majority group will not be tried under this act. this will amount to case of discrimination and miscarriage of justice.
12. Community groups will rise to defend the individuals being tried under this law and that kind of communal branding will be detrimental to the unity of the nation.
13. Sexual offenders too will be branded as communal and more over the sexual offence by the member or members from majority group against the member or members of minority group will be tried under this act where as similar crime committed by the member or members from minority group against the victim from majority group or from minority group will not be tried under this law. How can a same crime be more grievous in one case and less in all other cases?
14. Is this not against the right to information provided by constitution to all, not the Right to Information act but the natural right of any person to find and spread legitimate information. If a group of people belonging to Minority group has dishonored a temple or mosque or church than the majority is obliged to contain that information but in reverse scenario minority is not obliged to contain the information. in case of Godhara carnage the perpetrators of that heinous crime cannot be tried under this law but people from the majority group discussing and imparting the particulars of this crime can be branded as criminals and can be tried under this law. what kind of justice is this?

Let us now examine why this bill is proposed. Do we believe that all the congressmen are against Hindus or majority per say? I believe not. The implicit reason for proposing such a bill is to create a trap for BJP and the opposition. And it is a very well thought out trap too.
The bill is so outrageous that if BJP had proposed it, congress would have opposed it. Party sitting in the opposition in the parliament has no choice but to oppose such a bill, whether BJP or Congress, as it does harm to the nation in multiple ways.
a) It targets the majority, essentially Hindus. The Hindus have no choice to oppose it because however secular a person is, he or she cannot honestly believe that only the member of majority community is at the fault always. The said bill is clearly unjust and provocative.
b) The said bill tears the fabric of society in to permanent fragments and sows the seeds of hostility between so-called Groups. Any bill proposed in the parliament has to serve one purpose above all and that it has to strengthen the unity of the nation. This bill is clearly against that lofty ideal.
c) It gives unnecessary advantage to the miscreants from the so-called minority groups. Not only an advantage, the bill even inspires to separatists to take maximum advantage of this bill to achieve their unholy goals.
d) The bill indirectly inspires people from so-called majority group to convert to so-called minority groups, especially on the religious lines.
e) It usurps the power of the sate and thus creates a sovereign center rendering the constitutional rights and obligations of the state null-n-void.
This are but a few issues that catches the eye on first glance alone. Many more would surface upon deeper scrutiny.
Then why such a bill is even proposed? The motive is clear. Congress is trying to regain some grounds it has lost due to scams and corruptions.
Anybody who opposes this bill will appear to the members of so-called minority groups as anti-minority. Advantage BJP will successfully washed out if BJP is instrumental in throwing out of this Bill. Not only that, if the Bill is passed, even with BJP not opposing it in an unlikely event, Congress will still be known as the only savior of Minority. The bill is evidently politically directed.
A smart but inherently sinister move on the part of congress.
All political parties are allowed, and expected to come up with such tactics to gain or remain in power, but congress has stooped down to a new level by introducing such an antinational bill to gain political advantage.

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