The proposed communal violence bill, which was discussed at the National Integration Council (NIC) meeting held on Saturday intends to prevent and control targeted violence against the Scheduled Castes, the Scheduled Tribes and the religious and linguistic minorities.
According to the draft bill prepared by the National Advisory Committee (NAC), the legislation is intended to enhance the state accountability and to correct discriminatory exercise of state powers in the context of identity-based violence.
The note on Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011, prepared by NAC, lists its key provisions:
Dereliction of duty by public servants- The bill recognizes offences of both ommission and commission. Public servants who fails to act or ommit to eercise authority vested in them under law and fail to protect or prevent the offences or act with malafide and prejudice shall be guilty of recklessness with penal consequences.
Defining communal and targeted violence- The provisions of this bill will apply only when it is first established that the offence was 'targeted' in nature. Offences under the Indian Penal Code shall be considered as offence under this bill when they meet the definition of 'targeted'.
Breach of command responsibility- The bill seeks to ensure that thepower of holding command over the actions of others is upheld as a sacred duty, and that there is culpability for those who are effectively 'in-charge'.
Sanction for prosecution of public servants- The bill proposes that if there is no response to a request for sanction of prosecution within 30 days from the date of the application to the concerned government, sanction to prosecute will be granted.
Monitoring and accountability- Monitoring and greivance redressal shall be the responsibility of the National Authority for Communal Harmony, Justice and Reparation (NACHJR) and corresponding State Authorities for Communal Harmony, Justice and Reparations (SACHJR).
Composition of the NACHJR- The bill proposes that NACHJR will have seven members of which four must belong to a linguistic minority or religious minority in any state or to the SCs or to the STs. Not more than two members of the NACHJR may be retired public servants.
Offences of communal and targeted violence- The Indian Penal Code contains most offences committed during episodes of communal and targeted violence.
The brutual forms of sexual assault and torture have been included in the bill.
Victim's Rights- The bill seeks to strengthen the rights of the victim in the criminal judicial system, through certain provisions in their struggle for justice.
Relief and Reparation including compensation- All affected persons, whether or not they belong to non-dominant groups in a state have been given justifiable rights to immediate relief, and comprehensive reparations, including compensation if they suffer any harm.
News Reported by AR for Newsvision news paper
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