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Communal Violence Bill a recipe for disaster, Narendra Modi to PM

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Post by Seva Lamberdar Thu Dec 05, 2013 9:52 am

AHMEDABAD: Questioning the timing of bringing the Communal Violence Bill, Narendra Modi on Thursday wrote to Prime Minister Manmohan Singh, describing the proposed legislation as "ill-conceived, poorly drafted and a recipe for disaster".

Terming the bill as an attempt to encroach upon the domain of states, the BJP's PM candidate sought wider consultations among various stakeholders, such as state governments, political parties, police and security agencies, before making any move on the issue.

Modi's letter comes on the morning of beginning of the winter session of Parliament in which the bill is likely to be taken up.

"Communal Violence Bill is ill-conceived, poorly drafted and a recipe for disaster," Modi said in his letter.

Meanwhile, PM Manmohan Singh when asked about Narendra Modi's opposition to Communal Bill, said, "It will be our effort to evolve broad-based consensus on all matters of great legislative importance."

The Gujarat chief minister said, "the timing to bring the bill is suspicious owing to political considerations and vote bank politics, rather than genuine concerns".

Expressing strong concern that the proposed legislation would further divide people on religious and linguistic lines, Modi said, "religious and linguistic identities would become more reinforced and even ordinary incidents of violence would be given a communal colour thus giving the opposite result of what the bill intends to achieve".

He also brought out various "operational issues" in the proposed Prevention of Communal Violence (Access to Justice and Reparations) Bill, 2013.

"For example, Section 3(f) that defines 'hostile environment', is wide-ranging, vague and open to misuse. Likewise, the definition of communal violence under Section 3 (d) read with Section 4 would raise questions on whether the Centre is introducing the concept of 'thought crime' in the context of the Indian criminal jurisprudence," the letter said.

http://timesofindia.indiatimes.com/india/Communal-Violence-Bill-a-recipe-for-disaster-Narendra-Modi-to-PM/articleshow/26890234.cms
Seva Lamberdar
Seva Lamberdar

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https://docs.google.com/document/d/1bYp0igbxHcmg1G1J-qw0VUBSn7Fu

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Post by rawemotions Thu Dec 05, 2013 10:58 am

All Indians are supposed to be treated equal under rule of law and our constitution. All of them are supposed to have same rights and are supposed to discharge their duties equally. I do not understand how differentiating someone as belonging to majority and minority and using that criteria to justify selective application of provisions in the law, can pass constitutional muster.  

This kind of legislation is unprecedented and the NAC folks/Sonia are not being questioned vigorously by the media. The legal terms used are very vague and there is enormous scope for mis-use of the terms are not clear.

There does not seem to be enough analysis on why existing laws did not work. This is an extremely complex problem and history of all the riots in India starting from Moplah riots in 1921, needs to be looked at. UK has made some recent laws to deal with riots. 

The focus should be on sprucing up the mechanism to prevent riots  from spreading and also on mechanisms that allow an individual citizen to take his/her grievance to the law and order machinery without threat of retaliation. 

The media is failing in its duty. The proposal has been around for a while. The media is being confused by means Vs Ends issue. It is afraid to question the means being adopted in the fear that it will be construed as not supporting the end goal.

rawemotions

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Post by Seva Lamberdar Thu Dec 05, 2013 2:10 pm

rawemotions wrote:All Indians are supposed to be treated equal under rule of law and our constitution. All of them are supposed to have same rights and are supposed to discharge their duties equally. I do not understand how differentiating someone as belonging to majority and minority and using that criteria to justify selective application of provisions in the law, can pass constitutional muster.  

This kind of legislation is unprecedented and the NAC folks/Sonia are not being questioned vigorously by the media. The legal terms used are very vague and there is enormous scope for mis-use of the terms are not clear.

There does not seem to be enough analysis on why existing laws did not work. This is an extremely complex problem and history of all the riots in India starting from Moplah riots in 1921, needs to be looked at. UK has made some recent laws to deal with riots. 

The focus should be on sprucing up the mechanism to prevent riots  from spreading and also on mechanisms that allow an individual citizen to take his/her grievance to the law and order machinery without threat of retaliation. 

The media is failing in its duty. The proposal has been around for a while. The media is being confused by means Vs Ends issue. It is afraid to question the means being adopted in the fear that it will be construed as not supporting the end goal.
There are many issues with this Bill. Here is an example in para / section C  ("Overriding the individual rights and freedoms for group (community) rights") of http://lamberdar.hubpages.com/hub/parliamentary_faux_pas
Seva Lamberdar
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