Harsh Mander _ a Law to End Targeted Violence - Livemint

Harsh Mander _ a Law to End Targeted Violence - Livemint page 1
Harsh Mander _ a Law to End Targeted Violence - Livemint page 2
Harsh Mander _ a Law to End Targeted Violence - Livemint page 3
download Harsh Mander _ a Law to End Targeted Violence - Livemint

of 3

  • date post

    21-Jul-2016
  • Category

    Documents

  • view

    9
  • download

    3

Embed Size (px)

description

HM

Transcript of Harsh Mander _ a Law to End Targeted Violence - Livemint

  • Like Follow @livemintLIVEMINT | HINDUSTAN TIMES | LIVEHINDUSTAN

    HOME COMPANIES INDUSTRY POLICY ELECTIONS MONEY OPINION LOUNGE MULTIMEDIA CONSUMER EPAPER

    LOK SABHA ELECTIONS 2014VIEWS | ONLINE VIEWS | COLUMNS | QUICK EDIT | BLOGS

    Tweet

    12 3 2

    Comments

    Subscribe to: Daily Newsletter Breaking News

    Enter email

    Latest News

    01:06 AM IST

    Sebi planning to relaxing

    some norms to revive

    primary market

    01:03 AM IST

    The business interests of

    Sachin Pilot

    01:02 AM IST

    The business interests of

    Ajit Singh and Jayant

    Choudhary

    12:54 AM IST

    The Odisha dilemma

    12:41 AM IST

    Horse race journalism

    Editor's picks

    Tata Steel posts Rs.1036

    crore profit, revenue up

    22.5%

    BJP quartet to take key

    decisions

    Illustration by Jayachandran/Mint

    Among free Indias gravest failuresalong with its inability to end hunger,

    pervasive poverty and discriminationis the continued targeting of people

    with violence and arson only because of their faith or caste. This periodic

    blood-letting, mass sexual assault and arson leaves a trail of great suffering

    of innocents, and repeated assaults against the idea of a pluralist and

    humane India.

    Decades of engagement and study of communal violence in India has

    convinced me that no riot can continue beyond a few hours unless state

    authorities choose to allow the violence to persist. Despite this, in Nellie in

    1983, Delhi in 1984, Bhagalpur in 1989, Mumbai in 1992-93, Gujarat in

    2002, Kandhamal in 2008 and Muzaffarnagar in 2013, state administrations

    mostly consented to allow large-scale targeted massacres to unfold. For

    people in uniform and magistrates to take sides in hate battles is a

    profound crime against humanity. Yet this still is recognized at best as a

    moral failure, not a punishable crime.

    For this reason, the centrepiece of the proposed Communal and Targeted

    Violence Bill which Parliament may consider this winter session is the

    creation of a new crime, of dereliction of duty by public officials punishable

    with up to five years imprisonment. Combined with command

    responsibility, this makes the senior political or administrative authority who

    directs officials not to act, or to act with bias, criminally culpable.

    FIRST PUBLISHED: THU, DEC 19 2013. 08 01 PM ISTHOME OPINION

    Harsh Mander | A law to end targeted violenceIndia needs a law to check the menace of communal and caste violence. The arguments against itare spurious

    Harsh Mander

    MOST READ

    Will this be NarendraModis PMO team?

    Exit polls: Keep a pinchof salt handy

    How exit poll sees VIPcandidates faring

    UPA appoints DalbirSingh Suhag as Armychief

    Narendra Modi: Themaking of the politicalleader

    15 MAY 2014

    29

    Share Share

  • Sensex ends lower on

    profit-booking

    Will this be Narendra

    Modis PMO team?

    Exit polls: Keep a pinch of

    salt handy

    More from OnlineViews

    Narendra Modi needs to

    upgrade to 2.0

    Confronting coal

    Indian Economy:

    Sentiment Vs Reality

    Indians expect Narendra

    Modi to be an economic

    Superman

    The Economist who can

    Chief ministers J. Jayalalithaa and Narendra Modi have argued that this

    measure will demoralize officers. This is equivalent to the argument that

    anti-corruption laws will cause official paralysis. On the contrary, such laws

    strengthen and support officers of moral integrity and fairness, because

    they shield them from illicit political pressures and defend them from

    punitive action. At the Centre for Equity Studies, our studies of many riots

    demonstrate empirically that those rare officers who display exemplary

    courage by upholding the law with fairness and firmness are routinely

    punished, whereas biased officers named explicitly in the reports of

    commissions of enquiry in almost every case have been rewarded. This law

    will damage the morale only of officers who choose to ignore their duty

    under the law and the Constitution.

    We also found in virtually every episode of targeted mass violence the

    impunity of those who perpetrate hate atrocities because of the institutional

    bias of the criminal justice system. In the way criminal justice procedures

    are framed, the victim has virtually no role. It is the state which investigates,

    charge-sheets, prosecutes and appeals. This is because it is assumed that

    the state will always be on the side of the victim and opposed to the

    accused. But in incidents of targeted violence, state institutionsthe police,

    prosecution and magistracymay actually be hostile to the victim on

    communal or caste grounds, and support the accused. Therefore, the

    second major pillar of the Bill is protecting victims rights during the justice

    process, allowing her to get copies of police statements, adduce her own

    evidence independent of the public prosecutor, and appeal in the event of

    acquittals.

    The third essential pillar of the Bill prescribes national minimum standards

    for relief and rehabilitation. In both Gujarat and Muzaffarnagar, state

    governments refused to institute relief camps, gave tightfisted support to

    the camps which the victimized community was forced to establish, and then

    prematurely wound up the camps before the survivors had the confidence

    to return home. In most riots, reparation is grossly inadequate to enable the

    survivors to rebuild their broken lives, shelters and livelihoods. What is

    more, compensation rates differ widely, and are seen as instruments of

    selective political largesse rather than the rights of survivors from a caring

    and just state.

    Another charge against the Bill is that it violates the federal structure

    because law and order is the exclusive domain of the states. However, the

    constitutional framework does envisage the duty of the Union government

    to protect the national integrity which is threatened in times of targeted hate

    violence. Still, responding to the sensitivities of any state, the current

    revised draft Bill deletes the creation of any overarching central National

    Authority charged with ensuring fairness and justice by state governments

    in communal situations. Instead, these duties have been conferred on

    existing institutions: the National Human Rights Commission and State

    Human Rights Commissions. The powers of these commissions under the

    Bill are no more than what they enjoy todayto observe, enquire and

    recommend, but not to encroach on the authority of state governments.

    There is reason for people to argue that the timing of the Billnine years

    too late and at the eve of a formidably uphill general electiondoes render

    the motives behind its belated introduction suspect. But I have spent time

    with survivors of many episodes of mass communal violence, from Nellie

    and Tilak Vihar, Delhi dating back three decades to the recent survivors of

    the carnages in Lower Assam and Muzaffarnagar. The enormity of their

    sufferingas they struggle even today with unspeakable loss, with

    permanently broken lives, haunted by memories of hate and betrayal

    makes it imperative for all parties which claim to be secular to set aside

    political competitiveness. Let them come together to build consensus for the

    WED, MAY 14 2014. 05

    45 PM

    WED, MAY 07 2014. 06

    28 PM

    WED, MAY 14 2014. 03 30 PM

    The many faces of Indias LokSabha polls

    WED, MAY 14 2014. 02 18 PM

    Tragedy in Turkish coal mine

    MON, MAY 12 2014. 02 12 PM

    Manchester City wins secondEnglish Premier League title inthree years

    SAT, MAY 10 2014. 12 03 AM

    Photo Essay | Windows to theworld

    DRAWBRIDGE

    MORE FROM THIS SECTION

    SLIDESHOW

    MORE FROM THIS SECTION

  • rescue India passage of a law which could help finally push into history targeted hate

    violence.

    Harsh Mander is a former member of the National Advisory Council.

    Comments are welcome at theirview@livemint.com

    29 Tweet 12First Published: Thu, Dec 19 2013. 08 01 PM IST

    TARGETED VIOLENCE LAWS COMMUNAL AND TARGETED VIOLENCE BILL PARLIAMENT HUMAN RIGHTS

    Narendra Modi: The making of thepolitical leader

    6 comments a day ago

    abhijit pal shame on the author for

    authoring half truths......this pseudo sicular

    breed will soon come to an end and will

    Time of return to India impacts tax onoverseas salary

    1 comment 6 hours ago

    Jai K Taking into consideration Visa rules

    etc, those working abroad for short periods

    through the year stand to lose..

    The killing fields of Assam and a modernday Nero

    1 comment 7 hours ago

    Secular Why are you giving so much

    attention to this ? BJP was not ruling Assam.

    There is no way we can blame

    Congress debating idea of enlargedUPA 3 to stop Narendra Modi

    1 comment 4 hours ago

    Sachi Mohanty I am all for "sickular"

    parties coming together to form a

    government with a non-Rahul PM.:P

    ALSO ON LIVEMINT

    2 Comments Livemint Login

    Sort by Newest Share

    Join the discussion

    Reply

    Praveen P.P. 5 months ago

    The very nature of the proposed Bill is Divide and Rule followed by the Colonial British under

    section 153A of IPC 1860. Note that the dates in History when Clive defeated Siraj Daula at

    the battle of Plassey in 1757 and year 1857