The Common Minimum Programme (CMP) had promised the citizens of this country a ‘comprehensive legislation’ that would finally challenge the decades of impunity which communal criminals have enjoyed; which would strengthen the struggle against communalism; which would have provisions to prosecute for mass crimes committed with political will and intent. Unfortunately what we were offered was a cynical, shoddy, and dangerous piece of legislation, whose first avatar was The Communal Violence (Suppression) Bill, 2005. That was then replaced but not vastly improved by The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005.
The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005 (hereafter referred to as the Bill) represented nothing less than a complete betrayal of the promise of the CMP. The Bill introduced in Parliament on December 5, 2005, was then sent to the Parliamentary Standing Committee on Home Affairs for its review and recommendations. The Standing Committee called in those experts it saw fit, but again did not open its doors wide in what should have been a public, transparent and inclusive process. Barring one group of women’s rights activists who managed to seek time for a formal deposition before the Standing Committee, few civil society activists were invited to give comments.
The report of the Standing Committee tabled in Parliament on December 13, 2006 failed to make any correctives which would retrieve the Bill; it did not make any structural changes in the framework of the Bill towards strengthening citizens as opposed to further strengthening the hands of (communally motivated) state governments; it failed to address impunity for mass crimes; it did not take on board any substantive recommendations related to gender-based crimes; nor did it address the severe lacunae in terms of seeking accountability for the inaction and complicity of state officials in communal violence. The response of the Government of India, contained in the Standing Committee’s report, indicating complete satisfaction with the basic structure of the existing Bill, was truly a betrayal of people’s faith.
Anhad had organized a national consultation on the bill in June 2007 attended by over 100 top most jurists and activists to suggest non negotiable. After the national consultations a series of meetings with UPA Chairperson, the Home Minster and other officers of the home ministry by Anhad and other citizens groups could stall the bill in that form.
A new version of the CV Bill has been cleared by Cabinet recently. It has so far not been tabled in the Parliament. We are however told that the Govt is keen to table it at the earliest perhaps even during the Budget session in March 2010.
We are therefore calling a National Consultation on Feb 12-13, 2010 in New Delhi of all anti communal groups, senior activists and jurists who have over the past few years engaged themselves actively with the whole process and negotiations. In our opinion it is very important to collectively debate the Bill with the members of various political parties and government representatives to ensure that the bill when finally passed serves its purpose and does not become another tool in the hands of the communal forces.
- Invitation National Consultation on The Communal Violence Bill
- Invitation National Consultation on The Communal Violence Bill backcover
National Consultation on the Communal Violence Bill
Feb 12-13, 2010
Deputy Speaker Hall, Constitution Club, Rafi Marg, New Delhi
Note: Presentation are for 10 minutes each. Each session will be followed by an open session for 30 -40 minutes
Feb 12, 2010
9.00-10am- tea and registration
10.00 am -2pm
SESSION I
Introduction to Objectives of National Consultation, History of CV Bill
Farah Naqvi
SESSION II
Framework of the New Bill
Definitions, Communally Disturbed Area & Enhanced Punishment
Chair: Zoya Hasan
Justice. K.K. Usha, Usha Ramanathan, Vahida Nainar
SESSION III
Gender Based Crimes
Chair: Prof. Roop Rekha Verma
Saumya Uma, Kavita Srivastava
2pm-3pm
Lunch
3.00pm-7pm
SESSION IV
Command Responsibility
Impunity/ Accountability of Public Servants
Chair: V.N. Rai
Sidhharth Vardarajan, Mihir Desai, Sujato Bhadro
SESSION V
Criminal Justice System
Special Public Prosecutors , Fast track courts, Witness / Victim Protection
Chair: Justice Ahmadi
Justice Sardar Ali, Vrinda Grover, Shafeeq Mahajir
SESSION VI
Reparations
Compensation & Internally Displaced persons
Chair: Gagan Sethi
Colin Gonsalves, Sr. Mary Scaria
7pm-9pm
Compilation of Responses and Preparation of the Civil Society’s Response to the Bill by a small core group
Feb 13, 2010
9.00am-11am
Compilation of Responses and Preparation of the Civil Society’s
11.00am
Presentation of the Document by the core group –Civil Society’s Response to the Bill
11.30am- 12.30 pm
Discussion on the draft prepared by the core group and finalization of the document
Chair: Harsh Mander
Respondents: Justice KK Usha, Justice Sardar Ali, Justice R. Sachar, Prof Upendra Baxi, Asghar Ali Engineer
12.30- 2.00pm
Responses from the House
2pm-3pm
Lunch
3.30pm
Press Conference, Release of the Document prepared during the Consultation
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