http://in.news.yahoo.com/48/20100831/814/tnl-to-write-communal-violence-bill-nac_1.html


<http://in.news.yahoo.com/48/20100831/814/tnl-to-write-communal-violence-bill-nac_1.html>To
write Communal Violence Bill, NAC turns to activists

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Tue, Aug 31 05:24 AM

Widening the scope of the Communal Violence Bill to include "sectarian
violence", the National Advisory Council on Monday entrusted its re-drafting
to a jumbo 32-member group, including Solicitor General Gopal Subramanium,
Left-leaning lawyers and human rights activists. They are likely to complete
the drafting of the new Bill, to be called Communal & Sectarian Violence
Bill, by November 15.

While "key guiding principles" outlined for the proposed Bill — like setting
up an independent national authority to ensure effective compliance with the
law — are set to face Opposition from many quarters, the composition of the
eight-member drafting committee and 19-member advisory group (excluding
those who are NAC members) has caused unease in a section of the ruling
Congress and the government.

The members include Shabnam Hashmi of Anhad, which recently circulated an
online petition against the current Communal Violence Bill terming it as
"unacceptable".

Others in the panel are:

n Usha Ramanathan, an independent law researcher who has been in the
forefront of the campaign against the UPA government's ambitious UID
project.

n H S Phoolka, a well-known advocate who has been less than charitable about
the role of former prime minister Rajiv Gandhi and senior Congress leader
Kamal Nath in the 1984 anti-Sikh riots.

n Justice Hosbet Suresh, who is part of a campaign against POSCO.

n Ram Puniyani, who has opposed the hanging of Parliament attack convict
Afzal Guru.

Apart from Subramanium, the drafting committee includes Teesta Setalvad,
Maja Daruwala, Najmi Waziri, P I Jose, Prasad Sirivella, Usha Ramanathan and
Vrinda Grover. Farah Naqvi and Harsh Mander are the conveners of the
drafting committee and joint conveners of the advisory group.

The advisory group includes Abusaleh Shariff , Asgar Ali Engineer, Gagan
Sethi, H S Phoolka, John Dayal, Justice Hosbet Suresh, Kamal Faruqui,
Manzoor Alam, Maulana Niaz Farooqui, Ram Puniyani, Rooprekha Verma, Samar
Singh, Saumya Uma, Shabnam Hashmi, Sister Mary Scaria, Sukhdeo Thorat, Syed
Shahabuddin, Uma Chakravarty, Upendra Baxi and NAC members Aruna Roy,
Narendra Jadhav and Anu Aga.

"We will try our best to finish our task by November 15 as fixed by the
working group," NAC member Harsh Mander told The Indian Express. The NAC
will have its next meeting on September 24.

The key guiding principles laid down for the proposed Bill include a shift
from empowering the State, to seeking action and accountability of State/
public officials, need for an independent national authority to ensure
effective compliance with the law "without disturbing the federal
structure", and definition of communal & sectarian violence to cover both
isolated incidents as well as mass crimes, against people based on
religious, caste, linguistic, regional and other identities.

The guidelines also stress the need to remove prior sanction requirement for
hate speech (Sec 153A & 153B IPC) and statutory obligation on government to
lay down national standards for the entire spectrum of provisions for
victims.

The guidelines also underline the need for amendments in CrPC and Indian
Evidence Act to meet extraordinary circumstance of communal and sectarian
violence to protect victims' rights and advocated specific provisions for
victim-witness rights to be made under this law.
Meanwhile, the NAC on Monday could not finalise the draft food security Bill
and decided to hold another round of consultation on September 24.

-- 
Peace Is Doable

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