DEFEAT THE ANTI-DEMOCRATIC 'DRAFT COMMUNAL VIOLENCE SUPPRESSION BILL 2005'
In the name of 'suppressing' communal violence, the UPA Government has drafted a Bill that not only gives the Central Government unprecedented powers over states but also equips the armed forces with draconian powers of arrest, search and seizure. It calls for special courts to try cases and empowers them with the power to order externment of people "likely to commit a scheduled offence." According to the preface of Communal Violence (Suppression) Bill 2005 "a promise made by the UPA in its CMP (Common Minimum Programme)" the above mentioned draft Bill exercises the constitutional "duty of the Union to protect States against external aggression and internal disturbance." Once the area is declared 'communally disturbed,' as per the Bill, the Centre can deploy armed forces and nominate one or more Central Officers, not below the rank of Additional Secretary, to 'coordinate steps taken for dealing with the situation.' It's Clause 7 to Clause 10 reads like a virtual reprint of the Armed Forces Special Powers Act, an act that, ironically, the Centre after the Manipur protests, has committed to reviewing. Under the Bill, "any commissioned officer, warrant officer, non-commissioned officer or any person of equivalent rank in the armed forces" can: - Fire, even cause death, after giving such due warning as he may consider necessary. - Arrest, without warrant and use such force as may be necessary any one who has committed a cognizable offence or ?? against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence. - Enter and search without warrant any premises to make any such arrest or to recover property, reasonably suspected, to be stolen property. - Stop, search, seize any vehicle suspected of carrying any person who is believed to have or has committed or is 'about to commit' a non-cognizable offence. - Power to break open any door, almirah, safe, cupboard, drawer or other thing, if the key thereof is withheld. There would be no legal action, unless the Centre sanctions it, against any person in respect of anything done under the Act. The Bill also provides for setting up special courts either in 'the judicial zone' within the state or outside to try riot cases. This court shall be presided over by a judge appointed by the government in agreement with the Chief Justice of the High Court. Clause 21 of the Bill gives the special court an extraordinary power to direct, on being satisfied with a complaint or a police report, those likely to commit an offence to 'remove himself beyond the limit of such area not exceeding six months, as may be specified in that order.' Failing which, people may be 'removed in police custody.' Under Clause 28 of the Bill, if it is proved that an accused has given any money to a person accused or 'reasonably suspected' of a scheduled offence, the 'special court shall presume, unless the contrary is proved, that such person has abetted the offence.' Clause 29 says that if fingerprints of the accused were found at the site of the offence, the special court 'shall draw adverse inference against the accused.' On the issue of relief and rehabilitation as well, a subject that has so far been the responsibility of a state government, the Centre, under the Bill, will nominate six of the 10 members of a Relief and Rehabilitation Council. The state has the powers to take all measures envisaged in the draft bill, but the dilemma was, and is, as experienced in communal conflagrations of the past, the governments were reluctant to exercise their power for the safety and protection of minorities and in favour of justice. it was experienced that the governments exercised their power, in case of victimisation of minorities in communal voilence, malignantly and vindictively. The draft bill is irrelevant and dangerous both because it has been noticed that many of the Special Powers were used against minorities as Narendra Modi and his government misused the powers of POTA. The law as proposed is at best irrelevant to the challenges of communal governance and, at worst, dangerous, because many of the special powers such as of search and arrest can be used against minorities in the same way as Narendra Modi and his government consistently misused the powers under POTA. The need of the hour is greater moral and legal accountability to be shown, not the grater power to be exercised, by the governments. The state must go ahead to take legal action against all half-truths and hatred propaganda, written and spoken both. The state must go for its fullest, including deployment of the armed forces, in the shortest time to control over the communal violence when it takes place. The colossal crime against humanity must be strictly condemnable and ruthlessly punishable as it is a proven truth that no communal violence or riot could sustain beyond few hours without the supportive involvement and active participation of the state and/or state authorities. The law, if at all needed, should concentrate on sources of communal hatred instead of its manifestation. INSAF calls upon all its member organisations and all fraternal secular democratic groups to mobilise public opinion and pressurise the UPA government to desist from such draconian adventures out to throttle democracy. INSAF A124/6 Katwaria Sarai New Delhi 110016 -- -------------------------------------------------------------------------------------------------------- For every minute you are angry, you lose sixty seconds of happiness. Ralph Waldo Emerson ------------------------------------------------------------------------------------------------------ SAVAD RAHMAN subeditor,MADHYAMAM daily, pooppalam, perinthalmanna,kerala, india cell:(91)-9846085873
