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`Communal violence Bill will not disturb federal balance'

Special Correspondent

Provision for compensating victims gaining acceptance, says Shivraj Patil


  • It dilutes Centre's constitutional obligation: Jethmalani
  • Could be misused to target victim group: A.H. Ahmadi
  • Source of legislative power to introduce legislation unclear: Arun Jaitley
  • Include chapter relating to crimes against women, says Girija Vyas

    NEW DELHI : Union Home Minister Shivraj Patil on Friday said that the Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005, was unlikely to disturb the federal balance.

    He said it was a major step forward in gaining acceptance for the concept of providing compensation to victims under the criminal justice system.

    Briefing reporters after a day-long seminar on the Bill, which was organised by the Home Ministry, Mr. Patil said the provision for compensating the victims was gaining acceptance as also the emphasis on who should bear the burden of providing relief, compensation and rehabilitation.

    Comprehensive definition

    He said several speakers suggested that the definition of communal violence be made more comprehensive and that investigations in such cases should be carried out speedily, besides strengthening of preventive measures. He said that Bill had provisions for giving protection to witnesses also.

    The seminar is the first in the series of six such seminars to be held in other cities with the objective of comparing suggestions. Suggestions made at the seminars would be taken into account to make the law more acceptable and effective.

    Earlier in the day, participants voiced their concern over the Bill's contents. Eminent lawyer and Rajya Sabha member Ram Jethmalani said the legislation required complete overhauling.

    He opposed provisions that gave more powers to the State government and enhanced punishment for crimes saying that the State government already possessed these powers under the Criminal Procedure Code.

    Stating that it was the primary responsibility of the Central Government to deal with internal disturbances, Mr. Jethmalani said Article 355 of the Constitution made it the duty of the Centre to protect every citizen of a state against internal disturbance.

    The former Supreme Court Chief Justice, A.H. Ahmadi, was apprehensive about the clause that empowered the State government to declare an area `communally disturbed' could be misused to target the victim group.

    The former Law Minister, Arun Jaitley, welcomed the provisions that gave States increased powers , but said the source of the legislative power under which the Centre intended to introduce the legislation was unclear.

    Stressing the need to implement existing laws, social activist Swami Agnivesh said that the credibility of the Manmohan Singh Government to draft a law on communal violence would be in doubt unless it ensured that those guilty of crimes during the 1984 anti-Sikh riots were convicted.

    Co-editor of Communalism Combat Teesta Setalvad said the implementation of police reforms suggested by various National Police Commissions was a prerequisite for the legislation to work.

    Expressing concern at the absence of specific provisions dealing with violence against women, National Commission for Women Chairperson Girija Vyas said that the Government should include a comprehensive chapter relating to crimes against women.

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