NAC makes amendments to Communal Violence Bill

The draft of the Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011, will see some major amendments in the light of strong criticism from political parties, religious groups and civil society.

The National Advisory Council, according to reports, has agreed to make some 49 amendments, including the provision for use of Article 355 in case of communal violence.

The Sonia Gandhi-led Council agreed to delete the clause referring to Article 355 of the Constitution after questions were raised over the Centre's interference in a state's domain during communal situations.

According to clause 20, Chapter III of the draft bill, "The occurrence of organised communal and targeted violence shall constitute 'internal disturbance' within the meaning of Article 355 of the Constitution of India and the Central Government may take such steps in accordance with the duties mentioned thereunder, as the nature and circumstances of the case so requires."

The clause was deleted "because it mistakenly created a fear that it may interfere the federal structure," NAC said in a statement.

Another amendment made in the draft bill relates to the definition of communal and targeted violence which included reference to 'destruction of the secular fabric'. "It was agreed that this was too high a threshold, and therefore it was agreed to delete this phrase," NAC said.

The Council, however, refused to make any amendment to its definition of the word "group" in Clause 3(e) of the draft bill. The bill defines group as a religious or linguistic minority in any state in the Union of India or the Scheduled Castes and Scheduled Tribes. Questions were raised why violence against a majority community should not be considered communal and targeted violence.

Earlier this month, Christian leaders took part in a consultation during when they opposed the Communal Violence Bill stating it was contrary to its purpose and contained "regressive and draconian principles".

The inclusion of any form of "disturbed areas" device to concentrate power in the hands of certain government functionaries is not acceptable, they said.

A statement endorsed by the Christian leaders observed that the draft bill, by "shifting its focus away from affected people whose security, equality and citizenship are jeopardized by communal and targeted violence or organized communal and targeted violence, has ousted the most vulnerable from its statutory protection rendering this Bill toothless and meaningless".

Further, the NAC draft Bill makes a "half-hearted attempt to address the difficult circumstances in which victims of communal and targeted violence find themselves in the aftermath of an attack," they said.

The Communal violence Bill is one of the long pending bills which has not been yet presented and approved in the Parliament.