Saturday, 10 September 2011

UPA lead by Mrs. Gandhi tries to push through one more Anti-Hindu Bill

The Prevention of Communal and Targeted Violence Bill, 2011

The National Advisory Council presided by Sonia Gandhi has made ‘The Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill,2011’ public. The purpose of this bill has been outlined in that it will help check communal violence in the country. After going through the bill, one comes to the conclusions that if the bill is passed, then not only will the results be devastating; it will also lead to a further polarisation in the already communally divided society. Even an arch-secularist like Shekhar Gupta has recognized that the bill ‘will polarise people on a communal basis just when they seem to be getting over that sad past.’ (Indian Express, 4 June 2011) The ultimate goal of this bill seems not only to strengthen the minority vote-bank but also to trample the Hindu organisations and their leaders.

Background of the Bill
Gujarat riots in the aftermath of the Godhra carnage and disturbance in Orissa following the killing of Swami Lakshmananand made some so-called secularists follow up the matter with the Union Government. As a result, the Union Government is trying to pass a new Bill.
This committee has been given unlimited powers. Not only can this committee issue orders to the police and the armed forces, but the testimony given to the committee will be as good as the testimony given in a court of law.

Who is behind this Bill ?

National Advisory Council that is drafting this Bill has Ms. Sonia Gandhi as its President !
The National Advisory Council (NAC) that has recommended this bill has been functioning as a parallel government. Neither is this an elected body, nor are all its members duly elected representatives of the people. The logic that the government has been using against the ‘civil society’ falls flat on its face in the case of the NAC. The NAC is an unconstitutional super power that issues commands in the guise of advice and that too without any responsibility. The central government, steeped in servitude, is always eager to implement its orders.

A Bill that contains extremely narrow and biased definitions :
 : ‘Communal and targeted violence’ means and includes any act or series of acts, whether spontaneous or planned, resulting in injury or harm to a person and or property, knowingly  directed against  any person by virtue of his or her membership of any ‘group’, which destroys the secular fabric of the Nation.

The most dangerous definition is that of ‘group’ ! :
 ‘Group’ has a very limited meaning in this Bill. It means a religious or linguistic minority, in any State in the Union of India, or Scheduled Castes and Scheduled Tribes within the meaning of clauses (24) and (25) of Article 366 of the Constitution of India.

This Bill is not applicable to Jammu and Kashmir. 

A Bill that assumes that Hindus are the culprits : Hindus are in minority in ninety Districts and hundreds of villages in Bharat, but the unit of measurement of population is at the State level. Therefore, Hindus will be considered a majority in every State. Thus, this clause coldly declares Hindus to be culprits in advance.

Not applicable to riots between Christians and Muslims

This clause can be used to settle personal disputes and personal interests. Advantage can be taken of this provision to lodge large scale complaints.

Pro-Hindu organisations will be declared guilty ! 
If any organisation conducts a programme to educate people about the attacks on Dharma or disseminates information on ‘Love Jihad’, then that will be declared as hate propaganda. Moreover, Government officials who permit such meets or programmes will be held guilty for dereliction of duty. A Bill that hangs several swords over the heads of Govt. officials.
Which political parties are opposing the bill
All the NDA poltical parties & Trinamool Congress, who is now part of the UPA govt., are strongly opposing the bill. Apart from them, Tamil Nadu Chief Minister J. Jayalalithaa of the AIADMK, and Uttar Pradesh Chief Minister Mayawati of the Bahujan Samajwadi Party – who also oppose the draft bill.

Ultimate goal of the bill
Further widen the differences between different religions & communities on the name of  psuedo-secularism and essentially create a vote-bank politics by spoiling the secular atmosphere in the country.

National Advisory Committee agrees to amend the Bill
New Delhi - The National Advisory Committee (NAC) has agreed to amend the Bill now. A total number of 49 amendments have been agreed upon including the clauses that might lead to a misunderstanding between the Centre and the State. A suggestion was made to scrap the clause containing the statement ‘destruction of the secular fabric of the Nation’. The NAC was also given extensive rights under Chapter 3, Clause 20 of the Bill.

If this bill were to see the light of the day, then the central government can very easily usurp the powers of the state government. Law and order is the preserve of the state government. The central government can only offer advice or issue ‘advisories’ on this. This protects the federal structure of the country. But now, communal violence and violence targeted at any particular community, without going into the cause, will be seen as an internal disorder of the state. This means that the central government can use article 355 and impose President’s rule in the state. Now, by making small modifications, they are trying to scuttle the vehemence of opposition of the bill by the political parties. Despite this, their intention of trying to trample the state governments has not taken a back seat.
According to sub-clause 74 of the Bill, “Any person who has been implicated in making a hate-speech will remain guilty until he is proven innocent”. This sub-clause is against the basis features of the constitution. The Indian constitution states that the accused is considered innocent until his guilt is proved. If this bill becomes a law, then to send someone behind bars, one only needs to make an allegation against him. It will become impossible for him to prove his innocence.

If an allegation of this kind has been made against a state government employee, then even the Chief Minister can be made responsible for it as it can be proved that he was unable to stop the employee from committing the wrong. This means that on the basis of wrong witness, it can now become very easy to entangle the Chief Minister of the opposition. The Chief Ministers, who had not yet fallen in the trap, will now become easy meat for them.

BJP leader Sushma Swaraj @ NIC Meeting:

‘We have opposed the communal violence bill which was on the agenda because instead of controlling communal tension it will only fuel communal violence. ‘It divides the country into majority and minority. This bill pre-judges that the majority will be oppressor and the minority will be the victim,’ she said. She also said that the bill attacked the federal structure of the country as law and order was a state subject. 

Sushma Swaraj said terrorism and Maoist violence would have been more relevant issues for discussion. ‘In two months, two major incidents of terrorism have occurred in Mumbai and Delhi… Naxalism incidents are happening continuously,’ she said. She added that NIC meetings should be held every year. The NIC has met after three years… the meeting should be held every year so that it can function like an effective institution,’ she added.

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