Date:19/12/2004 URL: http://www.thehindu.com/2004/12/19/stories/2004121902501000.htm

National

Anti-communal law: delay due to lack of clarity, confusion

By Vinay Kumar

NEW DELHI, DEC. 18. Notwithstanding the Union Home Ministry's eagerness to come up with a new law to check communal violence, the reported lack of ``clarity and vision'' in North Block has created a peculiar situation for the Law Ministry. Its officials are said to be flummoxed over the ``near absence'' of specific provisions that the Home Ministry wants incorporated in the proposed law.

Well-placed Law Ministry sources say that the Home Ministry has forwarded a handful of drafts and dumped papers from symposiums and seminars asking it to frame the law. ``Apart from the definition of communal violence and a provision for compensation to the victims, the Home Ministry appears confused on the issue,'' the sources said. Though there is no tussle between the two crucial Ministries, the lack of clarity and focus has led to delay in framing the law.

The National Common Minimum Programme (CMP) of the UPA government remains the guiding light on the issue.

``The UPA government will enact a model comprehensive law to deal with communal violence and encourage each State to adopt that law to generate faith and confidence in minority communities,'' the CMP says.

Under the ``Internal Security'' head, the NCMP promises to take the ``strictest possible action, without fear or favour, against all those individuals and organisations who spread social discord, disturb social amity, propagate religious bigotry and communal hatred.''

Community fine

The Home Minister, Shivraj Patil, has said that the new law would define communal violence as the law does not draw a line between communal violence and a law and order problem.

According to him, the State Government should be able to ``identify and isolate'' incidents of communal violence.

The Minister is also keen on incorporating a clause for awarding compensation to the victims of communal violence through some kind of ``community fine.''

The Ministry is also learnt to have suggested the constitution of designated and special courts in each State to expedite the trial pertaining to communal violence and hate crime cases.

A recent attempt at drafting the bill to provide a legal mechanism for the prevention and control of communal violence, disturbances and hate politics was made under the aegis of the Rashtriya Lok Dal (RLD) president and former Union Minister, Ajit Singh, who held a round of meetings with members of civil society, political parties, NGOs, lawyers, academicians and retired police and civil officials.

Life term, fine

The RLD-inspired draft bill proposes life imprisonment and fine for those found guilty of destroying properties, places of religious worship, shops, factories and other means of livelihood and cultural facilities with an intent to cripple the members of a group on account of ill-will or hatred.

It proposes a prison term of three years for those found guilty of wantonly promoting enmity between different groups of people on ground of religion, race, caste, places of birth, language and others or encouraging to commit acts prejudicial to maintenance of harmony by words — spoken, written or by signs or visible presentation.

It also seeks to make the appropriate government responsible for paying compensation of not less than Rs. 2 lakhs to a dependent of a person killed in an incident of communal violence.