Dealing with hatred
''It mandates the Centre to create a unified command.''
The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, which is proposed to be introduced in parliament in the monsoon session, is expected to help the governments at the Centre and in states to deal with communal violence more effectively. It is a revised version of a draft which was prepared in 2005 and introduced in parliament in 2006. The bill was withdrawn then as it was considered too soft and lacking in teeth. Major communal conflagrations have occurred in various parts of the country at regular intervals. An incident with communal overtones happens in some area or the other almost every day. Apart from the loss of lives and property, mostly of the poor, such violence leaves deep wounds in society and weakens national unity and integrity. A climate of violence also holds back progress and development.
It is for the first time that a law is proposed to deal with communal violence as a specific category of offence. Since it is more than other crimes like murder, violence and destruction of property that are part of it, it needs to be treated as a separate category. One important provision of the bill mandates the Centre to create a unified command to deal with communal violence. States are likely to have reservations about giving special powers to the Centre to intervene in some situations and to declare some regions as disturbed areas. It is expected that the bill will make it difficult for the authorities to shift responsibility for failure to prevent a communal incident or to contain it. It also makes public servants accountable for their actions. An officer can be punished with imprisonment and other penalties for mala fide action or wilful negligence in dealing with communal violence.
Communal violence is not just a law and order issue and legislation is not the best means to deal with it. But the law has failed wherever communal violence has erupted. There is a need to strengthen the laws so that the authorities are legally better equipped. But implementation of the law is more important than its formulation. Experience shows that politics and powerful interests can undermine implementation, as in the case of the anti-Sikh violence of 1984 and the 2002 Gujarat riots. The government, which has held wide consultations on the draft provisions, should be open to more suggestions which are being made to improve the legislation.
