krishnabaalu“Prevention of Communal and Targeted Violence (Access to Justice and reparations) Bill 2011-Ms Sonia Gandhi has betrayed large section of Hindus by this act of Divisive politics.
This is probably free Independent India’s first Legislation aimed at defining the majority of this nation i.e Hindus as ‘born offenders’ by virtue of their religion and numerical majority in this country. In every aspect this bill is violating the very basic tenants of our Constitution, the equality, freedom and what not? The definition and purpose of this bill is bit by bit drafted floating in illusion and unmindful of the Constitution of India.
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This bill has also divided Hindus and created a new minority religion for SC and ST members This is a grave situation for Hindus and India. If this bill is through and become a Law it is going to create sever disparity among Indians.
As others dwelled in detail in to the proposed bill section by section till end, suffice if we stop and stare at section 3 definitions. Generally in any Act section one provides the title, Section 2 the definitions and Section 3 the scope or charge of the Act. However in this draft bill Section 3 provides the definitions.
Now let’s go in to certain main definitions which are unashamedly defined the Minorities as Victims and by the way leaving the majority of this country HINDUS as deemed offenders or rather born killers. Matter would not end here. This bill coins a new definition for minority which includes Muslims, Christians and Scheduled Castes of Hindus and also other Hindus if they are happened to be a linguistic minority in any region of India. Situation is by now getting murkier. Let me explain in detail.
My effort is to expanse the replication of this act with illustrations. This bill is drafted in such haste and hatred towards our own country’s majority community by none other than the most revered leader of India Ms Sonia Gandhi aided by resentful Mr John Dayal
A simple reading of the tile of the act ‘Prevention of Communal and Targeted Violence (Access to Justice and reparations)’ plainly imply that this Law is for Indians and by the Indians. In no way it is suggestive of exclusively for protecting Minorities of India. But in reality it is meant to serve and protect the Linguistic and Religious Minorities alone. Let me explain in an illustrious way how this draft Bill not only partisan in its objective, but also ruthless towards its own majority citizens the HINDUS.
The very panel who has drafted this bill at the face of it is liable for prosecution under the existing IPC for defaming the large section of this country by dividing the people of India in to offensive group (Upper Caste Hindus) and victim groups (non-upper caste Hindus and other non-Hindus) in a pre-determined deemed manner.
Let’s see the offending definitions.
Section 3 (e)“group” means a religious or linguistic minority, in any State in the Union of India, or Scheduled Castes and Scheduled Tribes within the meaning of clauses (24) and (25) of Article 366 of the Constitution of India;
View: The above definition is obviously excluding the vast majority of upper caste Hindus. Why I say Upper Caste Hindus because for the reason SC and ST are also recognized as a Group as above. This would mean SC or ST citizens who are not converted to any other religion but remain in Hindu fold are now to be treated as non-Hindus in terms of the above definition for the purpose of this act. Also the fate of SC or ST converts is not clear as in the following illustrations more intriguing facts would emerge.
Section 3 (j) “victim” means any person belonging to a group as defined under this Act, who has suffered physical, mental, psychological or monetary harm or harm to his or her property as a result of the commission of any offence under this Act, and includes his or her relatives, legal guardian and legal heirs, wherever appropriate;
View: Probably first of its kind in the record of Mankind a victim has been pre delineated. Generally a victim is identified after the riots. However the situation is piquant here. Well before the riot the victim and the offenders are branded so by the legislation. The only point would be, to wait till riots are over to punish HINDUS and rehabilitate the minorities irrespective of the sufferings, causalities and the instigators of the riot.
Section 3 (c) “communal and targeted violence” means and includes any act or series of acts, whether spontaneous or planned, resulting in injury or harm to the person and or property, knowingly directed against any person by virtue of his or her membership of any group, which destroys the secular fabric of the nation;
This is much contentious definition. A plain reading imply that if Upper Caste Hindus attacks the defined minorities such offenders are punishable and such violence is defined as so. However in a situation where the members belonging to the so called Groups attacks the Upper Caste Hindus then such persons belong to such groups are not punishable at all.
Nowhere in the draft is the Majority Community or Hindus defined. By definition in the process of defining the groups and minorities it is implied that the offenders are upper caste Hindus.
Now let’s examine the following illustrations by which the hollowness of the draft bill is potently exposed.
1. If targeted violence is aimed at SC ST Members of Hindu Community by any other Group?: In a situation where the SC ST members are targeted by a group for example ‘Muslims’ then the victims cannot be protected or rehabilitated or reparation be granted as the offenders too belong to the defined group. In such a situation in order to protect the victims, the offenders belong to another similar group cannot be punished under this bill as the very purpose is defeated.
2. If targeted violence is aimed at religious minorities by SC ST Members of Hindu Community? The situation is similar to as above 1.
3. If targeted violence is aimed at upper caste Hindus either by SC ST members or religious minorities the offenders cannot be punished under this act
4. If targeted violence is aimed at SC ST or Religious minorities by upper caste Hindus, it is offence under this act-The upper caste Hindus are liable for punishment
5. Clash among religious minorities: In this situation where Shea and Sunni community members clash among themselves none of the group will get any protection under this bill nor any group will be punished for the offence as both belong to minority group. In this the Victims may get compensation but the perpetrator cannot be punished.
6. Targeted violence against Linguistic minorities by religious minority group: In this situation who will be the victim? According to this act both the communities are minority in its respective definitions. If Hindi speaking Biharis are targeted in Bhivandi by Muslim groups who is the offender and who is the victim?
7. As a result of these complex scenario upper caste Hindus will be the worst hit. However under one situation the upper caste Hindus can be defined as Victim if they are happened to be a linguistic minority in a neighboring state, that too, in a situation where they are targeted by local upper caste Hindus.
8. An another worry some situation is when a linguistic minority also happens to be a religious minority (Andhra Muslim who speak only Telugu) in Bhivandi if targeted by local Muslims, who is the victim?
9. In this manner a can draw another 8 permutation of groups of India, for which the bill has no answer.
If this bill were to be in force during Godhra incident time, the Hindu victims who were burnt alive in the coach set on fire will not be termed as victims, but the lone Muslim girl who was reported to be abducted in the train would be. Similarly in the aftermath of violence that took place in Gujarath all Muslims who suffered will be Victims BUT not Hindus.
Mrs. Sonia Gandhi being an Indian born and brought up as a Hindu at this age of 57 yrs I myself not fully aware of my own country in which, who is a minority or majority in terms of the existing Constitution you have brought this complex bill with ill intension teaming with Mr. John Dayal only to complex the situation further.
Very Sad!
M/s Sonia Gandhi before you are determined to pass this bill in this monsoon session of parliament Pl re look in to the above and give a second reading to what I have stated above and act accordingly!
Krishna Baalu/29-05-2011
June 29, 2011 at 2:47 pm
The inclusion of Scs/STs and linguistic minorities in the bill is only a red-herring. In effect the bill reduces Hindus to the status of second class citizens in their own country. It should be opposed tooth and nail and killed when in a bud. Otherwise it will usher in the “Islamic republic of India!”