[It's an extremely unfortunate development that the Left and quite a few
other "secular" parties openly joined hands with the BJP to scuttle the
introduction of the Bill.
The Bill, in any case, was not expected to be passed by the Parliament in
this session. But had it been introduced in the Rajya Sabha it'd have
remained alive even when the next Lok Sabha is formed. And its various
provisions could have been adequately deliberated thereafter and necessary
amendments made.
But that was not to be.
It exposes these parties to the charge of extremely narrow-minded
opportunism which may prove suicidal even in the short run.

In the wake of the Muzaffarnagar riots voices were again raised demanding
the early enactment of the Bill.
But eventually the BJP which was consistently campaigning against the Bill
and spreading canards has succeeded in scuttling even its introduction, let
alone enactment, with the active backing of the Left and some "secular"
parties.
It's a Black Day for secularism in India.]

http://www.thehindu.com/news/national/opposition-scuttles-anticommunal-violence-bill-in-rajya-sabha/article5656766.ece

Updated: February 6, 2014 01:40 IST
Government forced to defer Communal Violence Bill

   SANDEEP JOSHI


   GARGI PARSAI


The Opposition accused it of going against the spirit of federalism and
encroaching upon States' rights

The UPA government faced a major embarrassment on the first day of the
extended winter session of Parliament on Wednesday as a united Opposition
forced the government to defer the Communal Violence Bill in the Rajya
Sabha.

As the Opposition parties, including the BJP, Samajwadi Party, CPI(M),
AIADMK and DMK, stepped up their attack on the government, accusing it of
going against the spirit of federalism and encroaching upon States' rights,
Deputy Chairman P.J. Kurien deferred the Prevention of Communal Violence
(Access to Justice and Reparations) Bill, 2014, in view of the "mood of the
House."

The Bill was to replace the Communal Violence (Prevention, Control and
Rehabilitation of Victims) Bill, 2005, withdrawn by Home Minister
Sushilkumar Shinde.

Earlier, the House had a brief debate on whether Parliament had the
jurisdiction to enact such a Bill that violates the spirit of federalism.
Leader of the Opposition Arun Jaitley and Law Minister Kapil Sibal engaged
in heated arguments.

*Jurisdiction questioned*

Mr. Jaitley said: "The Central government has absolutely no jurisdiction in
bringing such a Bill ... This Bill is entirely beyond the legislative
competence of Parliament. I am ... convinced that objections raised by
Opposition have ... substance."

Mr. Sibal said the Bill would not violate the federal structure and that
any action by the Union government under the Bill would be with the consent
of State governments. He attacked the BJP by referring to the 2002 Gujarat
riots, and said the Bill was necessary to tackle "state-sponsored communal
activity... like it happened in Gujarat."

"If it is state-sponsored communal activity, then it is not a law-and-order
issue ... Like what happened in Gujarat is not a law-and-order issue," he
said.

Sitaram Yechury of the CPI(M) said the Bill could not be introduced as the
legislative competence of the Centre was in question. Trinamool Congress'
Derek O'Brien said that "the UPA has butchered the concept of federalism"
and accused the government of encroaching upon the rights of States. V.
Maitreyan of the AIADMK said as law and order was a state subject.


-- 
Peace Is Doable

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