No To Prevention of Targeted Communal Violence Bill

Dear All,
As a Citizen of India, our duty is to participate in the making of rules, regulation and laws of our country. Vigilance is the cost of Freedom. Recently a daft has been made by Chairperson Sonia Gandhi and Teesta Shetalvad on the subject.
I have submitted point to the Government on Prevention of Targeted Communal Violence. The website is http://nac.nic.in/communal/com_bill.htm and the email id given on this website for posting view till 10th June is wgcvb@nac.nic.in Plesae go through the below points which I have submitted on the above email id. I am attaching the draft Bill and the points as attachment. Request you all to send mail on the above email id with your views.
Please find below the details of the points submitted by me.
-------------------------------------------------------------------------------------------------
Dear Drafting Chairperson ( Sonia Gandhi ) and Members, I have gone through the draft of the “Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011”. The Bill even though states Prevention of Communal and Targeted Violence, but the bill itself seems to be a Targeted Bill against Hindu Community. Following are the points which force me to raise doubt on the intention of the drafting members :
Point 1: Chapter 1 Para 1 (2) Quote text from the Bill : (2) It extends to the whole of India. Provided that the Central Government may, with the consent of the State of Jammu and Kashmir, extend the Act to that State. Unquote. It’s a known truth that the first communal and targeted violence in India happened in the state of Jammu & Kashmir with Hindus ( Kashmiri Pandits ) and they were forced to leave their home and are leaving as refugee in their own country. The Para 3 (f) iv of this bill says Quote “force such person to leave his or her home or place of ordinary residence or livelihood without his or her express consent; or, “ Unquote. But unfortunately the starting of this Bill Chapter 1 and Para 1 doesn’t cover that state J&K My Recommendation : For Chapter 1, Para 1 of (2), This Bill should be passed first by State of J & K and then it should be presented in Indian Parliament. This will give message to the people of India that this Bill is a secular Bill and not itself a communal and targeted Bill against a Hindu Community. Point 2. Chapter 1, Para 3 (e) Quote from text of Bill : “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; Unquote Any person or groups of people who is/ are killed in a riot is a victim, he can be of any community. The person or group killed may be of Majority community or Minority, then why the definition of group doesn’t consider Majority also as victim if happen. The Para 3 (e) clearly states that the definition of group will be minority. I am surprise to see that the intellectual members or this drafting committee have presume that only Minority will be killed in riots or they doesn’t consider people of Majority group as human beings having no fundamental rights.
My Recommendation : The definition of group should be stated as “group means any community / sect / caste / religious which have been targeted.”
Point 3. Chapter 1, Para 3 (f) (i) Quote from the text of Bill. (i) boycott of the trade or businesses of such person or making it otherwise difficult for him or her to earn a living; or, Unquote The opposite side of boycott is force to buy, no one should be forced to buy. No Muslim community buy Goat / Hen Meat being sold by Hindu Community stating is as HARAM. At present this type of boycott is being done my Minority community, if the above persists then why not boycott of Meat being sell by Hindu community should be also consider as Boycott of Trade by minority. My Recommendation : The above Para should be removed.
Point 4. Chapter II Para 7 (b) Quote from text of Bill : (b) against any person, without their consent or against their will, (i) the introduction by a man of his penis or any other body part Unquote Again this is related to one minority community why not other derogatory words or statement has been covered in this Para, shows that the drafting committee is biased. My Recommendation : Add ( Introduction of Man by his CHOTI, Tilak dhari, KAFIR or BOOT Prast ( Worshipers of Idol ) Point 5. Chapter II Para 7 (1) V Quote from the Bill “ (v) removing the persons clothes, partially or fully, or compelling that person to undress himself or herself, partially or fully, in public view or otherwise, or parading that person in undressed state in public view or otherwise; Unquote My Recommendation : In the above para we should add removing of Janeu ( the thread Brahmins wear around their shoulder ) and Pagadi ( Turban ) the Sikhs wear. Point 6. Chapter II Para 8 Quote from the Bill. 8. Hate propaganda.– Notwithstanding anything contained in any other law for the time being in force, whoever publishes, communicates or disseminates by words, either spoken or written, or by signs or by visible representation or otherwise acts inciting hatred causing clear and present danger of violence against a group or persons belonging to that group, in general or specifically, or disseminates or broadcasts any information, or publishes or displays any advertisement or notice, that could reasonably be construed to demonstrate an intention to promote or incite hatred or expose or is likely to expose the group or persons belonging to that group to such hatred, is said to be guilty of hate propaganda. Unquote As stated in my point 2, the definition of group should not only be related to Minority community, because if as per the above Para 8 ,Hate Propaganda is done by Minority community on worship on Friday then they will be excluded and can’t be prosecuted under this Bill thus making this Bill as biased and targeted against Majority. Point 7.
Para 20. Quote from the Bill. 20. Power of Central Government in relation to Organised Communal and Targeted Violence.- The occurrence of organised communal and targeted violence shall constitute “internal disturbance” within the meaning of Article 355 of the Constitution of India and the Central Government may take such steps in accordance with the duties mentioned thereunder, as the nature and circumstances of the case so requires. This will be used as a tool for disabling a democratictally elected state government, the vested interested group who want to remove state government or Terrorist groups may provoke riots in state to prove that there is “internal disturbance” This will give Central Government a tool to threat government of state which is being ruled by any other party than in the ruling Central Government. There is enough proper guidance and power vested in Governor of State to give recommendation in Article 355.
Point 8.
Chapter IV Para 23 Quote from Bill.
National Authority for Communal Harmony, Justice and Reparation Qualifications.- (1) The Chairperson, Vice-Chairperson and Members of the National Authority shall have the following qualifications and shall be chosen from amongst persons: (a) having expertise in relation to law or criminal justice or human rights; (b) having a record of promoting communal harmony; (c) being of high moral character, impartiality and integrity; and, (d) who have not been members of any political party for a period of one year prior to their selection. Unquote My Recommendation : As the power given to NACH is of as per Para 33 (2) is of Civil Court trying a suit under the Code of Civil Procedure, 1908 (a) The person should have worked as Judge in any court of India. (b) He should not have been member of any political party this will help in refraining political appointment. Point 9. Quote from the Bill Term of office of Members.- (1) The Members of the National Authority shall serve on a full-time basis for a six year term. Unquote. My Recommendation : When the term of office of Honorable President of India is of FIVE years, the symbol of democracy our parliament term is of FIVE years, then how come NACH term of office can be of SIX years. The NACH can’t be more important than our Honorable President and our Parliament. Point 10. Chapter IV Para 25 Quote from the Bill : 25. Resignation and removal of Chairperson, Vice-Chairperson and Members.- Unqoute My Recommendation : As per Para 33 ( 2 ) the power of NACH is as of Civil Court Judge then he should be removed as per process laid down for removal or Civil Court Judges. In addition to it, no where in Para 25 there is provision of IMPEACHMENT, when in the constitution even President of India can be removed after following process of IMPEACHMENT then why not NACH ? Point 11. Chapter IV Para 32 (ii) Quote from the Bill 32. Monitoring and review by National Authority of performance of duties.- The National Authority shall observe, monitor and review the performance of duties by public servants in relation to the following: (ii) postings, transfer and replacement of any individual officers, administrative or police, from their jurisdictions of power and control that affect areas where outbreaks of communal and targeted violence or possibilities thereof, are reported or anticipated; Unquote The Law & order as per constitution is State subject then interfering in State decision by NACH as per para 32 (ii ) will be attack on federal structure of our country. The word “anticipated” gives immense power and thus this will give direct control to NACH in interfering in STATE subject at any time. My recommendation : The above para should be removed. Point 12. Chapter IV Para 42. Quote from the Bill 42. Statements made by persons to the National Authority.- No statement made by a person in the course of giving evidence before the National Authority, shall subject him or her to, or be used against him or her in, any civil or criminal proceedings; Provided that the statement – (i) is made in reply to the question which he or she is required by the National Authority to answer; or (ii) is relevant to the subject matter of the inquiry. Unquote How can any person be exempted for giving false evidence if any ? My Recommendation : The Para 42 should be removed as this will encourage people to give false evidence, if the person giving the statement of evidence is legally and morally correct then even though it is used against him in any civil or criminal proceedings he will be judged innocent. Not able to understand why you are promoting people to give false statement or evidence people should be responsible and accountable for their conduct. Point 13. Para 45 Quote from the Bill 45. Appointment of Chairperson, Vice-Chairperson and Members of the State Authority.- Unquote Why appointment of State Authority is required ? The drafting committee feels that whole year there will be riot and in each state. The NACH is enough to handle this type of case after all what Data, Facts & figures from year 1947 till date recommends that the number of Riots are so high that it can’t be handled by NACH and State Authority is also required. This shows filling of office of Profit and adjustment can be made for retire politicians. My Recommendation : Para 45 should be removed. Point 14. Para 82 Quoted from the Bill 82. Attachment of property.- (1) Where the charge has been framed in relation to an offence under this Act, the Designated Judge may direct that the property of the accused person be attached during the pendency of the trial and until conviction or acquittal, as the case may be. Unquote This is denial of natural Justice, how can you attach property during trail ? If the person accused is not presenting himself or absconding during trial then only Judge should give order of attaching his property. I am surprise to see that during trail the person will be in Jail as the offence under this act is non bailable and then also you are attaching his property ? This para shows that you want to punish the innocent family of that accused by attaching his property during trail, and shamelessly you are stating in the Para “until conviction or acquittal” means you agree that he may be found innocent and may be acquitted. My Receomendation : Para 82 should be removed. Point 15. Para 86 (6) Quote from the Bill (6) A victim shall be entitled to receive free legal aid and to engage any advocate who he or she chooses from among those enrolled in the legal aid panel under the Legal Services Authorities Act, 1987 and the Legal Aid Services Authority established under the said Act shall pay all costs, expenses and fees of the advocate appointed by the victim or informant at a rate not less than the fees payable to the Special Public Prosecutor. Unquote As the Victim shall be entitled to receive free legal aid the accused should also be given the same entitlement as accused till proven guilty is innocent. My recommendation : Rights of Victim and accused should be same as till proven guilty everyone is equal in the eye of law. Point 16. Quote from the Bill CHAPTER VII RELIEF, REPARATION AND RESTITUTION AND COMPENSATION 90. Right to relief, reparation, restitution and compensation.- (1) All persons, whether or not they belong to a group as defined under this Act, who have 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 when death has occurred as a consequence thereof, the next of kin of such deceased person shall be entitled to relief, reparation, restitution and compensation as applicable to them in accordance with the provisions under this Chapter.
Unquote. Interesting to see that Relief, reparation and restitution and compensation will be given to all person whether of not they belong to Minority community but Right to Justice will not be given ?

Commonwealth Games – Celebration of Slavery

Rs.1620 Crore being spent, media concentration, talk of the town. On 22nd September, our prime minister Mr. .Manmohan Singh claimed Commonwealth Games as the PRIDE of the NATION. It was really surprising on our PM’s knowledge & understanding stating commonwealth games as NATION’s PRIDE. I can understand that the illiteracy rate in India is 34% whereas the statement of PM should have been for all the Indians.

Let’s understand what is Commonwealth?

Origin of Word Commonwealth:

First time the word “COMMONWEALTH” was used by Mr. Roseberry, who was Lord of Canada, in 1884, as some of the British colonies were being sovereign, he called all those states as Commonwealth of Nation. The concept was formally passed as an act in British Parliament on 11th December, 1931.

So we can comprehend that the basic reason for making Commonwealth of Nation by British was to satisfy their ego of being a ruler even though their colonies were becoming independent. The Commonwealth of Nation was earlier known as BRITISH COMMONWEALTH.

The Membership:

At present there are 53 countries as member of Commonwealth and most of them are former British colonies or their dependencies. Thus the membership criteria of Commonwealth are that the nation should have been slave of British Monarchy directly or indirectly. The London Declaration Clearly states that a republic country can be member of Commonwealth provided that they recognize the MONARCH (Queen or King of UK) as the Head of Commonwealth; the London Declaration was specially made for keeping India as Member of commonwealth.

The declaration stated “The Government of India have ... declared and affirmed India's desire to continue her full membership of the Commonwealth of Nations and her acceptance of the King as the symbol of the free association of its independent member nations and as such the Head of the Commonwealth”

The Head:

Any Organization is represented by its head, as in case of our country, our President represents our country, and as he / she is elected indirectly by the people (Electoral collage) of India, we call our country as democratic and sovereign. There is no hierarchy system in being President of India. In same way, lets talk about any organization such as SAARC ( South Asian Association for Regional Cooperation ) or any International Organization, like NAM ( Non aligned Movement ). The SAARC secretary is elected in alphabetic order for three years terms. The NAM is run by Secretary General who is elected by all the members.

As affirmed above the overall purpose of Britishers is to show their supremacy as ruler, thus the head of COMMONWEALTH is not elected, she is Queen Elizabeth II of United Kingdom for life time, and she took over as Head of Commonwealth from George VI after his death, who was King of United Kingdom. This clearly shows that COMMONWEALTH is not a democratic organization and all the members of Commonwealth have to accept the head as they were while as slave.

Status of all Nations:

The Motto of commonwealth games is Humanity, Equality & Destiny. Let’s take “Equality” and see where as India we stand in the eye of the Queen Elizabeth – The Head of Commonwealth.

There are 53 countries as member of commonwealth, then how many team will participate in Commonwealth Games 2010 ? This is not simple answer, 71 teams will participate in Commonwealth Games 2010. So the number of member nation and their team are not equal? The reason is very clear, Queen treats its colonies equally; even Indian team is treated as equal to team of Scotland, Wales, England, and Ireland.

The states of United Kingdom are equivalent to any other sovereign countries. It’s something like in SAARC countries meet, UP, Bihar and other states of India are sharing desk with Nepal, Pakistan, Bangladesh, Maldives and Sir Lanka.

This is the equality in the eyes of British for other sovereign nation; they still treat them as colonies in Commonwealth Games.

Relationship:

The bridge of relationship between any two countries are its ambassador, but have we ever thought why we sometime call ambassador and sometime High Commissioner ?

The dictionary meaning of Ambassador is “a diplomat of the highest rank; accredited as representative from one country to another” & Commissioner means “a government administrator”

Thus representative of a sovereign country in other sovereign country is called Ambassador, whereas High Commissioner is a government administrator between the commonwealth countries. This is again to dilute the sovereignty of a country and to mentally realize them that once we were slave of British.

Thus an ambassador to Pakistan will be called as High Commissioner, whereas same diplomat if transferred to United States will be called as Ambassador.

The overall purpose of making a Commonwealth Organization of British is to mentally rule the commonwealth Nation and to make them realize that they were once slave.






Celebrating Slavery:

Israel is the only country which is not member of Commonwealth nation till date, even though it was ruled by British.

It is well said; to get respect from others, first respect self.

If this is the Pride of Nation as per our Prime Minister then the citizen of this country should think, where do we really stand? Are we celebrating slavery as Commonwealth Games 2010?