Indian Law: National Advisory Council to Redraft Communal Violence Bill

The National Advisory Council (NAC) is all set to redraft the communal violence bill, in consonance with Indian law. The said bill came under considerable criticism, following which several debates have taken place between the government authorities and civil society activists, pertaining to the bill’s provisions. The NAC sub-group, headed by Farah Naqvi and Harsh Mandar, along with a set of senior lawyers, will now redraft the bill, within a period of 3 months.

Indian Law: Amended Version Aims to Curb Communal Violence

The bill, which was proposed in 2005 in the wake of Gujarat riots, got stuck, due to various inadequacies. The civil society has sought for the formation of an authorized national level commission, which would supersede the State Government, in areas of communal violence. However, the plea was rejected by the government.

Further, the existing draft provides for ‘disturbed area.’ The social groups have opposed the implementation of the Armed Forces Special Power Act, in the areas that have communal tensions. The purpose is to ensure that the Army personnel will be able to tackle communal tensions and restrict combing operations, by administration.

The NAC officials will address the issue of assigning responsibilities, to the administration, in case of an outbreak of communal violence. The question as to who and to what extent, shall be penalized by the administration has given rise to several debates, particularly because of the difficulties in curbing communal violence.

Further, the NAC has issued a statement saying that the Bill aims to ensure action and accountability of the government authorities so as to curb incidents of communal violence. Also, the NAC agreed with the concerns of civil groups that the existing draft did not meet all the objectives of the bill, such as setting up of a national authority. Further, the NAC sub-group will also set up rules for rescue and compensation for the victims and witnesses. 

Final Legal Take Away Tip: Section 3 of current draft of the Communal Violence bill defines an area as communally disturbed, if the three mandatory conditions are met. This pertains to an area, where communal violence is conducted, by a person or persons, in such a manner that includes the use of violence against a group/community. Such violence, if it leads to the death and destruction of property or use of violence or criminal forces, serves to encourage hatred and enmity between different groups/community. This possibility calls for immediate steps to be taken to save Indians from killing each other and damaging the country's integrity and unity through politically engineered communal riots .
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