After several extensions, and a controversy over the exit of members of its drafting and advisory committees, the Sonia Gandhi-led National Advisory Council (NAC)'s draft Communal & Sectarian Violence Bill is finally ready: it will be presented on Thursday to NAC members for discussion by the Working Group headed by Farah Naqvi, and which includes Harsh Mander and Aruna Roy.
The version that has been prepared has been vetted thoroughly by Additional Solicitor- General Indira Jaisingh, and after Thursday's discussions, suggestions made by members will go back to her for her comments, NAC sources told The Hindu . These will then be incorporated and the final draft bill will be placed on the website within a week so that comments from the public can be invited, these sources added.
The Bill draft has been designed to address not just victims of communal riots, but also dalits, tribals, linguistic minorities – indeed, any community that is in a minority in a particular region – who are vulnerable to attack by more powerful members of society. So it would, for instance, include groups such as the Purvanchalis (those from east Uttar Pradesh and Bihar) living in Mumbai, and who have in the recent past been targeted by the Shiv Sainiks.
Key element
A key element in the draft Bill, which became very controversial, was the NAC's desire to set up an independent National Authority to ensure effective compliance with the law. This was seen by people in government as a way of usurping its powers — and this even led to the exit of some members of the drafting committee.
However, NAC sources clarified that they were very conscious of this during the drafting process. “The National Authority that we are proposing,” a NAC member told The Hindu , “will be an accountability mechanism, which will not in any way try to take on the powers of the officials. It is designed to make the system work, to monitor, to push, to recommend, give it a nudge when it falters, and have a warning system.”
Objective
The objective of setting up such a National Authority – as well as State authorities in the States – is to “strengthen, not replace the existing system and make it implement existing laws,” these sources said, while stressing, “The Authority will have a strong, but limited mandate. It will not violate any federal law.”
Accountability is the key word: the NAC hopes the Bill will create a “robust accountability system,” so that any dereliction of duty, obstruction of the law or crime by officials will invite penalties.” The government, the Bill suggests, will be obliged to lay down national standards for the entire spectrum of provisions for victims - including rescue, relief, compensation, rehabilitation, resettlement, restitution, reparation and recognizing the rights of internally displaced persons.
The definition of communal and sectarian violence will cover isolated incidents as well as mass crimes, against people based on religious, caste, linguistic, regional and other identities. Sexual assault, enforced disappearances, torture, long-lasting social and economic boycott, and genocide will be specifically mentioned as crimes.
