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Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill 2011 : A terrible tool to target Hindus to terminate in India.

Communal Violence Bill can be a disaster for India

Arindam Chaudhry

The road to hell is almost always paved with noble intentions. In the Indian democracy, this has been proven true a countless number of times. I am afraid we shall be headed yet again towards hellish times if a new policy that is being currently debated manages to become law, thanks to the super secular denizens of India whose intensity and range of noble intentions usually matches the mayhem that the same noble intentions often trigger.

I am talking about the well intentioned economists, sociologists, activists and assorted jholawala types who are convinced that it is their divine right to advice the UPA regime on all sorts of policy issues. Right at the top of this pyramid of do-gooders is the National Advisory Council (NAC) which is headed by Sonia Gandhi. Virtually all the members of NAC have impeccable records and reputations when it comes to their commitment towards the aam aadmi of India. Let me also be very clear in stating that a lot of credit for path breaking policy changes like the Right to Information Act, the NREGA and the Right to Education Act should go to the NAC. It is also wonderful to see members of the NAC valiantly battle it out against a callous, insensitive and cruel government when it comes to implementing the Right to Food Act.

In each of these above mentioned cases, the men and women with noble intentions have sought to protect and defend the rights of victims – usually the poor and the downtrodden of India who get only lip service from the government. And now, this group of people has set out to protect and defend the rights of another set of victims – I am talking about the victims of communal riots and violence. Nobody will dispute the fact that communal riots have been a blot on the Indian democracy. Similarly, nobody will dispute the fact that those have usually been the minorities who have borne the brunt of communal violence, even though provocation often comes from both sides of the divide.

The 2002 riots of Gujarat and the 2008 riots of Orissa are often cited as classic examples of how communal violence makes hapless victims out of minorities. In Gujarat, it was Muslims; and in Orissa, it was Christians. So to continue with their noble mission to protect and defend victims, members of the NAC have given the green signal to the Communal Violence Bill – officially labelled as the Prevention of  Communal and Targeted Violence Bill – that seeks to protect minorities from murder, mayhem and worse during communal riots.
When I read newspaper reports about this proposed law and the objections raised by politicians like Arun Jaitley, my first reaction was that the BJP was probably trying to play the Hindutva card. But I was speechless with shock when I actually managed to go through some provisions and clauses of the Bill.
Most newspapers, magazines and TV channels have been politically correct and have sheepishly and squeamishly reported about the problems with the Draft Bill. But I have never believed in being politically correct. And so, let me say in plain words what the implications of the proposed law are.
If this Draft Bill becomes law, it will become Constitutionally accepted that only Hindus cause riots; and that Muslims, Christians and other minorities can never be held responsible for riots because the definition of the term ‘group’, which is the backbone of this Draft Bill, is made totally in such a manner that the majority, that is the Hindus, will be at the receiving end of the stick.
If this Bill becomes law, only Hindus will be tried, convicted and sentenced for communal violence and incitement of communal hatred because the Constitution will refuse to accept that Muslims and Christians are capable of violence and hatred. If this Bill becomes law, any anonymous complainant can file a police case against a Hindu for inciting communal hatred – and the police will have to register it as a non-bailable offence. The accused – who would be arrested – would not even have the right to know who the complainant is. And the accused Hindu will virtually be presumed to be guilty unless he or she can prove his her innocence. A Hindu activist who complains against fanatic Christian missionaries (Believe me, there are many of them out there) converting tribals through inducements and bribes will be sent behind bars; the Christian missionary who openly calls Hindus ‘heathens’ or ‘Kafirs’ and tramples upon idols of Hindu Gods and Goddesses will be forever found innocent by the Indian Constitution.…………………………………. 
Thus, if this Draft Bill becomes law, the Indian Constitution will accept that only Hindus incite and provoke religious hatred and denigrate other religions; and that Muslims and Christians can never do that. If this Bill becomes law, all the accused in the Gujarat riots will be culpable and be sentenced, while all those responsible for the death of train passengers at Godhra would be presumed to have harboured only goodwill for Hindus.
Read details in The Sunday Indian

‘Communal Violence Bill- A fraudulent draft’ : an analysis

Incompetent extra- constitutional, biased members do a sham job
Shivaji Sarkar
IT is a critically flawed move to usurp the powers of the state governments, devastate the federal structure of the country and create schism among different communities. The aim apparently is to create a unitary structure where the Central Government could function like a bully and interfere in the jurisdiction of the states, barred by the Constitution.

The draft bill called Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill is flawed also for the reason, its basic premise is against the secular spirit of the Constitution stated in the preamble.

No wonder. The bill is a creation of an extra-constitutional body – National Advisory Council (NAC) that is expected to function like a super-cabinet, surpassing the elected wisdom of the Prime Minister and the Council of Ministers. Technically NAC is created by the Prime Minister as a body to advise the government. The members are handpicked technically by the Prime Minister but in reality by the NAC chairperson.

Thus the NAC is not a representative body. It also leads to the question whether an elected government or its Prime Minister should have powers to create structures that are not enshrined in the Constitution.

The Prime Minister should have powers to function independently. But should he himself subjugate to the authority of his own creation? Who authorises him to do it? Why should he create a structure that is virtually neither responsible to him nor answerable to Parliament?

Those who have drafted the bill have forgotten the recurrence of communal violence by the minority community in 1960s in UP and Bihar. The states like Gujarat suffered recurrent minority violence till late 1980s. The Godhra burning of Ramsewaks in 2002 is too recent to be forgotten.

The bill has also no provision if two minority communities indulge in violence against each other. In fact, as per the provision of the bill even then any person from the majority community could be accused of inciting violence. He could have no defence under the draft bill. The accused would suo moto be considered “guilty” till he can prove his innocence. The bill virtually overturns the simple judicial norm of considering the accused not guilty till he is convicted.

It is no wonder the NAC functions with populist views or indulges in vote bank politics to further the political objectives of some political party.

The NAC drafted the Food Security Bill not with the objective of providing food to the needy. Its primary objective was to create a political climate that would help the ruling party garner votes of the deprived classes. It has created enough rift between the officials of the Prime Minister’s Office (PMO), who found the “advice” beyond the capacity of the government to implement it. Any responsible body would have first evaluated the government’s physical and financial strength before jumping in to draft a bill.

The food security bill thus remains in the domain of discussion and may possibly not be given the final shape. Keeping it alive and finally blaming the bureaucrats would pay more dividends at the time of next elections than enacting a law that people are bound to forget even a year later. The NAC would serve the purpose of functioning like a permanent campaigning mechanism for the ruling party.

The proposed bill to prevent communal violence is yet another case of over-reach. It intends to arm the Centre with runaway powers to intervene in state affairs, creation of overlapping authorities and selective definition of victims. The bill, runs the risk of being struck down by the courts for falling afoul of federal principles set out in the Constitution’s seventh schedule that distributes legislative powers between the Centre and the states.

The bill defines that the victim in a communal violence would invariably be from a “group”. The definition of sufferers of communal violence as a “group” comprising only religious, linguistic or religious minorities or scheduled castes and tribes appears highly discriminatory as it can mean that even if a large number of majority community members bear the brunt of communal violence, they will not be victims of “targeted violence”.

Read details in Organiser

8 comments on “Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill 2011 : A terrible tool to target Hindus to terminate in India.

  1. हम को इस का विरोध करना होगा


    • Dharanidhar Das
      October 26, 2011

      This Bill is made by mads. the committee or whatsoever has drafted the Bill (?) are not only dangerous to the nation but also open enemies of the Hindus. They intends to initiate the way leads to make India an Islamic Country. we the People of India should identified them and teach a lesson to them.

      Dharanidhar Das.

      Indraprastha, Bharat.


  2. Neel Preet
    June 14, 2011

    now all these things are not tolerable, we surely will have to bring it in front of whole nation bcoz our politicians can do anything for their muslim votes especially this congress party & also whole of upa
    bjp-nda govt is the only hope for better india, as its getting worse that hindus are discriminated in their own country only bcoz of some extremly fool hindus like netajis of congress


  3. Radhika Larsen
    June 19, 2011

    Unfortunately, the media is by ommission or commission in on this because there is not one mainstream media that has raised any issue over this law. Not one. The only references one finds is in blogs and FB. Shame on mainstream media. Also shame on the so called intellectuals who flock the TV stations in hordes and opinionate on all sort of issues but are silent on this. This obviously does not hurt them who the the HAVES of the Hindu community. It affects the HAVENOTS amongst Hindus and in particular the organizations like RSS that have been doing a whole lot social work besides all the alleged political work. That would be lost forever to the Hindus as RSS, Shivsena etc would be banned. The millions of Hindu children who got education through RSS schools would loose it and the minority will rule. And mind you this minority will not be a general muslim or christian person but the rich and powerful like Sonia & Congress members. Unless there is vast media attention most people will not even know about it and the bill will be given a silent birth. This is a very important fight we need to take up, no matter our religious or caste denomination. This hits at the roots of our Indianness. We must fight this as we are fighting corruption.


  4. prasanna
    July 1, 2011

    it is absolutely correct, i am with aridham, it is oppressive against hidhu community in the country. the govt trying to capture political support from minority’s. and the central govt was failure to run the govt. effectively to curb the voilence of terror in india by irrespective of religion. it is against the policy of human rights and justice.


  5. Viral Desai
    July 26, 2011

    I think the new address of all Hindus will the nearby Central Jail. …. We must thank videshi gudiya Sonia Maino for this.

    Dear Hindus, We all will fight and never allow the IMPORTED BAHU RANI to go ahead with this bill. Is that right? … Then be ready!

    – Viral Desai, VHP South Gujarat Media Convener.


  6. Bijay Krishna Pandey
    August 29, 2011

    So long Nastik(Secular) govt will be there in Delhi,these types of Anti-Hindu and communal law will be passed.We have seen in past also and again it is happening.Arindam is great.He has very correctly put his views gainst the bill.Thanks Arindam.


  7. D.K.Jain
    December 8, 2013

    Sonia Madam says that Congress party is a unifying force in the country preventing its divisions on religious basis. She publicly accuses BJP of being divisive. If Sonia is really concerned about Indian Culture and Unity she should stop dividing the people of the country in groups through an act of Parliament. Recently she had assured her Mulim clients that the bill drafted by them namely “Prevention of Communal and Targeted Violence Bill” (PCTV) shall be enacted in the winter session of Parliament. The sole purpose of this bill is to divide Indians into two groups i.e. a privileged group comprising Muslims, Christians, SC/STs and other linguistic minorities and a second group comprising the majority (Hindus) who will become second grade citizens. India shall become a virtual Muslim State. A plain reading of the Bill makes it abundantly clear that Hindus, jointly and severally will have to be on notice perpetually to ensure that their spoken or written word or physical acts or gestures do not offend any individual or individuals of the privileged group even mentally. The preamble of the bill itself makes it clear. The definition of “group” in the bill makes it absolutely clear, Basically in terms of the bill people belonging to minority group (privileged group) can severally or jointly accuse/charge a member or members of majority community jointly or severally of insulting or offending him/them, his/ their religion, feelings, sentiments, threatening his/their property or person, modesty, means of livelihood in any manner by word of mouth, gesture, act or deed and get an actionable complaint registered against the accused as a cognizable offence. He does not have to produce any evidence to the affect. His name will not have to be revealed. The member/members of the majority group will have to prove that he/they is/are not guilty. Mere apprehension or assessment that some act offensive to a member or members of minority group is likely to be committed, will make it incumbent for law enforcement agencies to book and arrest the possible offender i.e. Hindus severally and jointly with their leaders who might have been accused of causing the offence, listed in the bill, and put him/them in jail for 6 months without any bail. Failure to take timely action by those in authority to prevent creation of hostile environment for a member or members of the privileged minority group will also be liable for penalties of life term. Even the quasi judicial “Authority” to be constituted to administer, adjudicate and oversee implementation of the bill will be heavily dominated by persons belonging to minority group and will be empowered to act like a super government. In the matter of evidence to prove a wrong against the member belonging to minority group mere statement on oath about an offence having been committed will be adequate to punish a person with imprisonment ranging from 7 years to life time plus undetermined fine. More surprisingly the bill is intended to cover all such past offences without any time limit – may be during partition. This will be most horrible if enacted for majority community and their existence will be at stake. Modi, Advani, and other BJP leaders can prepare themselves for life time imprisonment.
    Why BJP does not counter Mrs Sonia Gandhi and Rahul Gandhi and other Congress leaders when they through public speeches claim that their party she stands for unity of the country and accuse BJP of communalism and try to blame it for dividing society on basis of religion and caste. This is a written document to prove the real intentions of Congress and its allies of dividing the country on communal lines. We don’t need better proof. Modi Ji can through his oratory skills can hammer this point to the hilt in his public rallies.
    The public by and large is ignorant of Sonia Gandhi’s ideological position and even her loyalty and commitment to her adopted country. A close examination shows that since entering politics by becoming Congress President, she and her followers have been friendly to Islamic outfits including terror groups. Just take note of the followings:
    In her speech in Parliament in March 2002, and later in June 2002, Sonia attacked the NDA government for banning SIMI. Earlier in September 2001 itself, her party had opposed the ban. Thanks to Sonia’s defense, the Congress-led UPA Government had to allow the ban to lapse in September 2005. But the Supreme Court asked it to re-impose the ban in February 2006. Thus it allowed the terror outfit a free run for five months! Sonia Gandhi’s Congress-led Maharashtra government admitted that it was SIMI that masterminded the July train blast in Mumbai. It arrested over 200 SIMI activists. Yet, it was the Sonia-chosen president of the UP Congress Party, Salman Kurshid, now a cabinet minister, who was SIMI’s advocate in courts pleading for lifting its ban. It was Sonia herself who was the advocate for SIMI .

    After the third ban, and despite repeated attempts to have it lifted by UPA luminaries including Sonia Gandhi and Salman Kurshid, SIMI members went on to become part of the overtly terrorist and internationally banned Indian Mujahideen (IM). The Delhi Police stated that Fasih Mahmood played a key role in transforming SIMI into the terrorist outfit IM that was responsible for the Mumbai bombings, and most recently the bombings at the Narendra Modi rally in Patna.
    This is still not the full story of Sonia and her family’s softness towards Islamist and even terrorist outfits. In November 2001, when the world was still recovering from the shock of the 9/11 attacks, Sonia Gandhi was asked to give a lecture at the Bin Laden family-founded Oxford Center for Islamic Studies. In her talk titled Conflict and co-existence in our age (Read the full text of her talk here), she essentially whitewashed Jihadi terrorism and even the still fresh 9/11attacks by talking vaguely about ‘extremism and fundamentalism in all religions.’ The Telegraph of London called it a strongly pro-Muslim speech and more than half the audience walked out.Read an analysis of her speech here: – See more at:
    This was in November 2001, less than two months after the 9/11 attacks. One has to wonder why the Bin laden family chose to invite Sonia Gandhi as a featured speaker other than for its propaganda value. After all she is not known to be an Islamic scholar. But somehow they sensed she could be made to take a pro-Islam stand and give a friendly turn by blaming some extremists for the 9/11 attacks and paint it as though Islam and Muslims had little to with it.


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June 2011
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