Bill on communal violence tabled in Parliament

New Delhi – The Government of India has presented the much discussed and long awaited Bill on communal violence in the Rajya Sabha (the Upper House of the Parliament). The Bill, which is aimed to provide for punishment to those engineering communal unrest and also compensation to the victims, is expected to be passed in the ongoing winter session of Parliament.

The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill 2005 was introduced by Home Minister Shivraj Patil on December 5, 2005.

The Bill, containing 13 chapters and 62 sections, fulfills one of the commitments made in the National Common Minimum Programme of the UPA Government.

Though the Bill provides more teeth to both the Central and State governments to prevent and control communal violence, yet, it does not have any provision for direct intervention of the Central government in the event of communal violence in any state.

According to statement of objects and reasons, the Bill empowers Central and state governments to take measures to provide for prevention and control of communal violence which threatens secular fabric, unity, integrity and internal security of the nation.
The Bill provides for constitution of a national, state and district Communal Disturbance Relief and Rehabilitation Council.

It prohibits any discrimination in providing compensation and relief to victims of communal violence on grounds of sex, caste, community or religion.

The Bill proposes to arm state governments to declare certain areas as communally disturbed, lay down measures for prevention of acts leading to communal violence and enhance punishments.

It also provides for speedy investigation and trial of offences through special courts, and make institutional arrangements for relief and rehabilitation of victims.

Giving special powers to the Centre to deal with communal violence in certain cases, it provides for directing state governments to take all immediate measures to suppress violence and to deploy armed forces to deal with the situation at the request of State governments.

Speaking to the media on the Bill, Patil said that the issue of Centre’s direct intervention in states in case of communal violence was discussed with Chief Ministers and state Home Ministers but many of them opposed it saying it went against federal spirit of the country.

To a question, he said that at many times, the Central government is held responsible for incidents in states which was inappropriate as law and order is the responsibility of the respective state governments.

“We (Centre) can pass laws under Indian Penal Code but cannot take action,” he said, adding there have been several occasions when central para–military forces were in the field but could not act because they had no powers.