Reports on riots

and prejudice shall be guilty of dereliction of duty with penal consequences. Defining communal and targeted violence: The provisions of this Bill will apply only when it is first established that the offence was ‘targeted’ in nature. Offences under the Indian Penal Code shall be considered offences under this bill when they meet the definition of ‘targeted’. Breach of command responsibility: The bill seeks to ensure that the power of holding command over the actions of others is indeed upheld as a sacred duty, and that there is culpability for those who are ‘effectively in-charge’. The chain of command responsibility may extend to any level where effective decisions to act or not act are taken. Sanction for prosecution of public servants: The bill proposes that if there is no response to a request for sanction for prosecution within 30 days from the date of the application to the concerned government, sanction to prosecute will be deemed granted. In relation to certain offences under the Indian Penal Code, 1860, when committed by a public servant, the requirement of obtaining sanction is being dispensed with. Monitoring and accountability: Monitoring and grievance redressal shall be the responsibility of the National Authority for Communal Harmony, Justice and Reparation (NACHJR) and corresponding State Authorities for Communal Harmony, Justice and Reparations (SACHJR). The monitoring mechanism of national and state authorities will also provide the ‘paper trail’ to ensure robust accountability of public officials in a court of law. Composition of the NACHJR: The bill proposes that NACHJR will have seven members of which four must belong either to a linguistic minority or religious minority in any state or to the SCs or STs. No more than two members of the NACHJR may be retired public servants. Offences of communal and targeted violence: The Indian Penal Code (IPC) contains most offences committed during episodes of communal and targeted violence. These have been appended in a schedule to the bill and shall be considered offences when they meet the threshold of being ‘knowingly directed against any person by virtue of membership of a group’. The brutal forms of sexual assault (beyond the limited IPC definition of rape) and torture have been included in the bill. Additionally, it defines hate propaganda. Victims' Rights: This bill seeks to strengthen the rights of the victim in the criminal justice system, through certain provisions in their struggle for justice. Relief and Reparation including compensation: All affected persons, whether or not they belong to non-dominant groups in a state have been given justiciable rights to immediate relief, and comprehensive reparations, including compensation if they suffer any harm as a result of any offence of communal and targeted violence recorded under this Bill. No compensation for death shall be less than Rs.15 lakh. No compensation for rape shall be less than Rs.5 lakh. The federal principle: Advisories and recommendations of NAJCHR are not binding on state governments. All powers and duties of investigation, prosecution, and trial remain with the state governments. (New Kerala 10/9/11) Communal violence bill: Manmohan Singh praises NIC, Chidambaram (7) New Delhi: The minority communities often feel they are being unfairly targeted in the “aftermath of unfortunate incidents”, Prime Minister Manmohan Singh said on Saturday, inaugurating the National Integration Council meet, which is todebate the communal violence bill. “It is a matter of great satisfaction that in recent years, relations among various communities have by and large remained harmonious,” the prime minister observed. “Members of this council have played an active role in ensuring that people respond with maturity to developments that may otherwise flare up communal tempers. Nevertheless, we need to maintain a continuous vigil in this regard.” Prime Minister Manmohan Singh came to the rescue of his colleague home minister P Chidambaram at the National Integration Council (NIC) meet today by elaborately listing out the steps taken by him to bolster the intelligence and investigating apparatus.

Mentioning various steps taken up by the Ministry of Home Affairs, Singh said, “The intelligence sharing mechanism under the multi-agency has been bolstered and the National Intelligence Grid is being implemented so that intelligence from various sources can be accessed and analysed to identify actionable points.” Singh, however, did not mention the NCTC, making it evident that there are no takers yet for Chidambaram’s favourite project of creating an overarching body to counter terrorism at all levels and it still has a long way to go as other cabinet colleagues are not ready to go with the idea in its original form. On Friday, Chidambaram had said that the process was on to set up the NCTC soon. In his speech at the NIC, he did not delve in to the subject of terrorism and rather focussed on broad parameters of solving communal violence. Chidambaram said: “The biggest challenge is the use of violence as an instrument of protest or an instrument of change. Insurgency, militancy and terrorism threaten to unravel the idea of India.” He also said the country still faces the old evils like communalism, casteism and parochialism. And that it was natural to focus on violent attacks of terrorist groups but attention must be given to the violence unleashed by ideologically-driven Left wing extremists. (DNA 10/9/11)