Communal Violence
Communal Violence in India: An Irrepressible Evil?
Communal violence in independent India has a long history that can be traced back from the time of the Post Partition riot of 1961 in Jabalpur which was followed by strings of similar incidents, especially post 1980s with Anti-Sikh Pogrom (Delhi) in 1984, Anti-Muslim carnage (esp., Mumbai) in 1992-93, and the decade-old Godhra Riots (Gujarat) in 2002.
With the introduction of the Prevention of Communal and Targeted violence (Access to Justice and Reparations) Bill, 2011, prepared by NAC (National Advisory Council), there seems to be a little ray of hope regarding the repression of communal violence in India. The Bill, undoubtedly, has some outstanding features which have the potential to minimise the occurrence of incidents of communal violence in the future. But, then, it has some flaws as well.
The Bill intends to punish public servants for “Dereliction of Duty”, which includes acts of both omission and commission to “to exercise authority vested in them under law and fail to protect or prevent offences or act with mala fide and prejudice shall be guilty of dereliction of duty with penal consequences.”1 This shall ensure that the public authorities act more responsibly and with a mind to serve the religion of humanity and patriotism rather than promoting solely the interests of the religious sect they were born in. This shall act as a deterrent. Also the Bill says that if the request for the sanction for the prosecution of a public servant is not responded to within 30 days from the date of the application to the concerned government, the sanction shall be deemed to have been granted. And, the Bill also seeks to hold responsible those who are “effectively” in charge of the actions of others, i.e., those who are in a position, or are capable, to control the others. These laws if put into place, will make a difference, if they are implemented properly.
However, the Bill has some major flaws. It invests a lot
Communal violence in independent India has a long history that can be traced back from the time of the Post Partition riot of 1961 in Jabalpur which was followed by strings of similar incidents, especially post 1980s with Anti-Sikh Pogrom (Delhi) in 1984, Anti-Muslim carnage (esp., Mumbai) in 1992-93, and the decade-old Godhra Riots (Gujarat) in 2002.
With the introduction of the Prevention of Communal and Targeted violence (Access to Justice and Reparations) Bill, 2011, prepared by NAC (National Advisory Council), there seems to be a little ray of hope regarding the repression of communal violence in India. The Bill, undoubtedly, has some outstanding features which have the potential to minimise the occurrence of incidents of communal violence in the future. But, then, it has some flaws as well.
The Bill intends to punish public servants for “Dereliction of Duty”, which includes acts of both omission and commission to “to exercise authority vested in them under law and fail to protect or prevent offences or act with mala fide and prejudice shall be guilty of dereliction of duty with penal consequences.”1 This shall ensure that the public authorities act more responsibly and with a mind to serve the religion of humanity and patriotism rather than promoting solely the interests of the religious sect they were born in. This shall act as a deterrent. Also the Bill says that if the request for the sanction for the prosecution of a public servant is not responded to within 30 days from the date of the application to the concerned government, the sanction shall be deemed to have been granted. And, the Bill also seeks to hold responsible those who are “effectively” in charge of the actions of others, i.e., those who are in a position, or are capable, to control the others. These laws if put into place, will make a difference, if they are implemented properly.
However, the Bill has some major flaws. It invests a lot