Laws for Communal Violence: A Critical Look at Communal Violence Bill

The Communal Violence Bill in its current form faces objections from several quarters, including major anti-communal groups and secular activists in India. They opine that the bill poses a huge threat to the integrity and unity of the country.

In fact, all democratic and responsible Indian citizens, legal experts and human rights activists are called for to protest against the proposed Communal Violence Bill; and instead, seek a more effective and comprehensive legislation against communal violence. Although several civil society groups also demands for specific changes in the proposed bill, the government has chosen to turn a deaf ear. 

Laws for Communal Violence: Why the Proposed Communal Violence Bill Is Unacceptable

Although the bill identifies the need for intervention before the occurrence of communal violence, and also provides for speedy trials and investigation, it fails to provide an independent investigating committee.

It empowers the State Government to declare a particular area as communally disturbed. As per Section 3 of the bill, an area can be declared communally disturbed if the region witnesses communal violence by any person or group of persons:

• In such manner and on such a scale, with the use of criminal force or violence against any group, caste or community, resulting in death or destruction of property.
• Such use of criminal force or violence is committed with a view to create disharmony or feelings of enmity, hatred or ill-will between different groups, castes or communities.
• Unless immediate steps are taken, there will be danger to the secular fabric, integrity, unity or internal security of India.

The bill defines communal violence in the same way as crimes under the Indian Penal Code, 1860, the Arms Act, 1959, the Explosives Act, 1884, the Prevention of Damage to Public Property Act, 1984, Places of Worship (Special Provisions) Act, 1991 and the Religious Institutions (Prevention of Misuse) Act, 1988.

The vital provision for recognizing communal violence causing sexual torture, dishonor and humiliation of women is also missing from the bill.

As per Section 32 of the draft, the identity and addresses of witnesses shall be concealed. However, the powers to carry out investigations are bestowed on the police and the State Government, which poses a big question on the protection of witness identity.

Section 17 of the bill also provides that a public servant who acts in an improper manner, resulting in harm or injury to any person or property, or fails to prevent the commission of any communal violence or disrupts essential supplies to a community, is punishable with one year of imprisonment, fine or both. However, this does not provide for proper accountability, as the Court has to seek permission from the State Government to take legal action against the public servant.