National Consultation on Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill 2005 was held on 24th October 2009 at Teen Murti Bhawan Auditorium, New Delhi on the theme “Towards a Harmonious India”.
The above mentioned Consultation was organized by Catholic Bishop’s Conference of India (CBCI), National Council of Churches in India (NCCI) and Evangelical Fellowship of India (EFI) as Indian Christian Community.
OBJECTIVE OF CONSULTATION:
The National Consultation was organized with aim to discuss and study pros and cons of proposed Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill 2005. The said Bill has been framed by legislation with intention “to empower the State Governments and Central Government to take measures to provide for prevention and control of communal violence which threatens the Secular fabric, unity, integrity and internal security of the Nation and rehabilitation of victims of such violence and for matters connected thereto.”
The Church felt great responsibility to study the provisions of the said Bill and propose requisite amendment in the same which can be incorporated in the Bill before the same is passed by both the Houses and enacted as an Act.
PARTICIPANTS:
Around 300 delegates participated in the consultation.
Catholic Bishop’s Conference of India (CBCI), National Council of Churches in India (NCCI) and Evangelical Fellowship of India (EFI) as Indian Christian Community jointly organized the National Consultation with aim to study affect of proposed Bill, whether it is exhaustive or need some feedback.
The Consultation started with prayer by Rev. Dr. Richard Howell followed by Welcome Address by Archbishop Stanislaus Fernandes. Thereafter, Chief Guest and other hon’ble guests were felicitated by bouquets. The lamp was lit by Hon’ble Justice Cyriac Joseph, followed by Sh. Oscar Fernandes, Ms. Seema Mustafa, Dr. Mohinder Singh and Member of Parliament Sh. C.M.Channg from Nagaland.
Sh. Oscar Fernandes in his speech said that our focus should be on how to prevent the communal violence and situation which causes it. The victims should be rehabilitated and the Bill must be enacted and implemented in its true Spirit.
Hon’ble Justice Cyriac Joseph of Supreme Court of India, in his inaugural address said that Bill need to be implemented with necessary amendments if required, so that object of Bill can be achieved. He stated that the important provisions of Bill are with regards to Rehabilitation of Victims.
The Panel Discussion was started after giving brief introduction about the esteemed panelist comprising of Md. Shafi Qureshi- Chairpeson of National Minority Commission, Sh. Shanti Bhushan-former Law Minister and Senior Lawyer and Ms. Seema Mustafa- human rights activist and journalist.
Md. Qureshi said that interfaith dialogues will remove the communal friction and prevention is better than cure. Steps be taken to prevent communal violence and stressed that time bound trial is the need of an hour in order to get justice being done to riots victims.
Sh. Shanti Bhushan, Sr. Advocate addressed his viewpoint by stating that this consultation has two aspects first, promoting legal harmony and the proposed bill 2005. He raised his concern as to why Bill has not been enacted till date though has been proposed in 2005. In his words Bill is an excellent document and must be enacted in next session of Parliament. However, he suggested amendment in section 2 and 55 of the Bill for consideration.
Ms. Seema Mustafa raised the concern whether it will be going to be another piece of legislation or will do good to the people. She stressed that the provisions which has been incorporated in present Bill are already in existence under other provisions of law but the failure in implementing them at the right time results in violence. She further stated that there is nothing for women and children in the Bill who are the worst victim of violence. No provision is there for compensation of widow and orphans of communal violence in the Chapter of Rehabilitation. Even the provision of Special Court under the Bill has nothing for women and children. She summed up by stating that do not make a law after 60 years which is mere a piece of legislation, although, when we have machinery already existing which does not work, there is no point in having new legislation.
Rev. Dr. Richard Howell, General Secretary EFI stated that problem is not with religious belief but with system. There are sufficient provisions of law which needs to be acted upon at the right time to prevent communal violence.
Ms. Anjna Masih Adv, the Secretary for Commission on Policy, Governance and Public Witness, NCCI stated that if government machinery take imminent and prompt steps to prevent riots, they can be controlled. It has been observed by Dr. Asghar Ali Engineer, founder of Centre for Study of Society that the riots which are spontaneous and unplanned come under control very fast while those simmering for longer duration are politically motivated. Further provision of section 57 of the Bill needs reconsideration.
Adv P.I.Jose from CBCI, gave detailed information about the draft of Christian Community’s observation on the proposed Bill 05, which have been incorporated in the handbook.
Dr. M.P.Raju, Advocate concluded the entire consultation by stating that to promote harmony is better than preventing violence. He stressed that our focus should be on prevention of violence. In his words, Bill should not be rushed into as it can be wonderful piece of legislation but can be horrible piece of power. Bill needs some serious amendments before it can be enacted.
Fr. Thomas Sequeira gave vote of thanks and Consultation was ended by singing National Anthem followed by fellowship lunch.
Submitted by:
Ms. Anjna Masih,
Secretary,
Commission on Policy, Governance & Public Witness
#301, CNI Bhawan, 16 Pt. Pant Marg, New Delhi-110001
nccidel@nccindia.in : anjnamasih@yahoo.com
011-23730657, 65428662
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