As the Bill on communal violence undergoes public scrutiny, serious reservations were expressed on the draft law by senior politicians and legal experts, who apprehended its misuse.
Taking part in a seminar on the Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005, organised by the Union home ministry, Bharatiya Janata Party leader and lawyer Arun Jaitley said the proposed law could upset the federal structure of the country as it provides for special powers to the Centre without adequate safeguards against their misuse.
Communal violence bill to be more stringent
"Chapter 11 of the Bill gives special powers to the Centre to deal with communal violence in a state and empowers it to take over the state's law and order mechanism if it is suspected that the state does not intend to act," he said.
Jaitley said while even under Article 356, there are certain in-built safeguards on Centre taking over a state's governance. But under the proposed law, the Union government could use its special powers if a state failed to act on even one of `scheduled offences' listed in the Bill, many of which are offences under the Indian Penal Code.
Home Minister Shivraj Patil, who moderated the discussion, assured that the federal structure of the country would not be disturbed. "We have taken care that the delicate balance between the Centre and state governments is not disturbed," he said.
Former Chief Justice Ahmadi expressed the apprehension that the clause empowering the state government or Centre to declare an area as communally-sensitive could be misused. "What if the exercise of this power is done to target a victim group? What is the insulation provided against any such misuse?" he asked.
Ahmadi, meanwhile, also asked if Parliament had the legislative competence to draft such a law. Eminent jurist and former Union law minister Ram Jethmalani also criticised the Bill, saying it negated the obligation of the Centre to maintain internal security by making central action to deal with riots pending to a request from the state.
He also noted that the state held the `veto' on whether the Bill became a legislation or not. "The Bill needs a complete overhaul. It is worth opposing in its present form," Jethmalani said. The speakers were also of the view that payment of compensation should be made by the state and not the offender.
National Commission for Women Chairperson Girija Vyas said there should be a separate chapter dealing with crimes against women and how they should be protected in the Bill as they were the worst affected in any riot.
"Among the areas that should be considered are safe shelter, special police stations for women, fast track courts and rehabilitation of rape victims," Vyas said.
Former Union minister and BJP leader Ravishankar Prasad stressed on the need for drawing a `lakhsman rekha' for media coverage of riots. "It is a matter of serious concern that the `lakshman rekha' is crossed while reporting on such sensitive issues," Prasad said.
Patil, referring to the issues raised in the seminar, stated that Parliament had the legislative competence to draft the law. "As internal security is the responsibility of the central government, Parliament should be in a position to draft the law."
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