Thursday, April 18, 2013

Communal violence bill

It is a Bill:

"To respect, protect and fulfill the right to equality before law and equal protection of law by imposing duties on the Central Government and the State Governments, to exercise their powers in an impartial and non-discriminatory manner to prevent and control targeted violence, including mass violence, against Scheduled Castes, Scheduled Tribes and religious minorities in any State in the Union of India, and linguistic minorities in any State in the Union of India; to thereby uphold secular democracy; to help secure fair and equal access to justice and protection to these vulnerable groups through effective provisions for investigation, prosecution and trial of offences under the Act; to provide for restorative relief and reparation, including rehabilitation and compensation to all persons affected by communal and targeted violence; and for matters connected herewith and incidental thereto.


The key provisions are: 

  1. The state government can declare an area as communally disturbed under certain conditions. 
  2. It extends to the whole of India excluding the State of Jammu and Kashmir.
  3. Measures to prevent and control violence shall be enforced by the District Magistrate, and other officers of the state government appointed as "competent authorities".  The competent authority can direct persons in the area to deposit their arms, ammunition, explosives and corrosive substances (even if they hold a license). When such directions are issued, the local police officer can search any house or premises for such items. The competent authority can regulate assembly and movement of persons, and prohibit acts which could disturb peace, such as carrying of arms, knives etc., usage of loudspeakers and burning of effigies. 
  4. Review committee constituted by the state government will investigate cases where a charge sheet has not been filed within three months of registering an FIR and may review cases where the trial ends in acquittal. The state government can constitute special investigation teams to investigate offences if these offences were not investigated in a fair and impartial manner.
  5. The state government shall establish Special Courts for the trial of scheduled offences. The Bill also provides for the establishment of Additional Special Courts outside the state if the state government feels that the trial within the state is not likely to be fair and impartial, it is in the interest of justice, or it is required for the safety of the accused, witnesses, public prosecutor or the Judge. Judges will be appointed by the state government in concurrence with the Chief Justice of the High Court.
  6. The Special Court can conduct proceedings at a protected place, avoid mentioning the identity of the witness in its orders and judgments and issue directions to protect the identity of the witness if it considers it necessary or on the basis of an application by the witness or public prosecutor.
  7. According to the Bill Communal Disturbance Relief and Rehabilitation Councils will be formed at the national, state and district levels. These national and state level councils will make recommendations and issue guidelines on relief, rehabilitation and compensation to victims. The district council will assess compensation to victims, set up relief camps and prepare plans for prevention of communal violence.
  8. A Communal Disturbance Relief and Rehabilitation Fund will be constituted in every state and a Victims Assistance Fund will be established in each district.
  9. The district council shall pay at least 20 percent of total compensation as immediate compensation to victims.

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