Shreya
in Criminal Law Labour Law
Asked January 10, 2014

Communal Violence Bill

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What is the communal violence bill and how would it affect further riot related prosecution?

Answer 1

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Saumya Kumar

The Communal Violence (Prevention, Control & Rehabilitation of Victims), 2005 is a Bill prepared to manage a communally disturbed area more effectively. Over a period of time, we have had some very serious communal riots wit no grave legal consequences for the perpetrators. To address this situation the Communal Violence Bill was introduced. The Bill allows the State Government to declare that a particular area is communally disturbed. Depending upon the declaration the State can ask people to assemble at a place or disperse or confisicate arms and many other measures which ensure that the situation does not escalate. The Bill further provides that the punishment will be doubled and immediate compensation will be provided to the victims with the help of Communal Disturbance Relief and Rehabilitation Councils created undert the Bill. 

The Bill was then replaced by the Prevention of Communal Violence (Access to Justice and Reparations) Bill, 2014 which could not be passed (http://www.thehindu.com/news/national/government-forced-to-defer-communal-violence-bill/article5656766.ece). With respect to this Bill, there was a lot of debate on it starting with the fact that the target group could be only a religious or linguistic minority therefore any communal violence against a group which is in majority is not covered under the Bill. Further, law and order being state subjects cannot be regulated by the Central Government without the consensus of the State. Many of these issues and defeat of the UPA government in the 2014 elections evaporated the momentum surrounding this Bill.  

 

 

 

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