By Chanayaka Bhakta
Note: The opinions expressed in this paper are those of the writer only. The writer is a Hindu who wishes no ill will upon any community. The writer would also like to express his sincere sympathy towards the victims of communal/targeted violence (in all of its forms) and would also like to express unlimited condemnation towards those who indulge in communal/targeted violence. The author is a student and follower of restorative justice. Also note that the terms ‘bill’ and ‘act’ (as used in definitions) are sometimes used interchangeably.
India’s secular fabric is at risk. Despite the small and yet-to-be materialized and executed victory of Indians in the fight to pass the Jan Lokpal bill (anti-corruption ombudsman), there is one truly disturbing bill that the Hindu community must watch out for. The Prevention of Communal and Targeted Violence bill (the bill) is getting closer to being passed. The bill is well-intentioned in name only. In this paper, I seek to raise the issues of unfairness and ambiguity – as this proposed bill is littered with such faults. If one is to read the bill line-by-line, then one finds that the bill is completely one-sided. I present a humble attempt to dissect the key concerns of Hindus regarding this bill.
Problematic Definitions & Institutions
The bill defines those who are victimized as:
the ‘group’ where 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.
What is one to take away from this definition? The way it reads, the bill is simply stating that communal and targeted violence is only perpetrated by a majority community upon a minority community. A member or members of a majority community can never be victims! If identical offences were committed by minority groups against the majority, then they would not be deemed offences according to this bill. In addition, the definition of ‘group’ in its current form opens the door to many different interpretations of who all are eligible. Is communal violence a one-sided affair? Aren’t their retaliatory actions perpetrated as well? Isn’t it possible that minority groups may also instigate and perpetrate communal and targeted violence towards other groups?
Let us go deeper into the analysis by defining the term ‘victim’ as per the bill:
a ‘victim’ means any person belonging to a group as defined under this Act, who has 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 includes his or her relatives, legal guardian and legal heirs, wherever appropriate.
Once again, this definition further enhances my suspicion that this bill limits the scope of victimhood to members of minority communities only. A perfect example of how there is an anti-majority bias in this bill is found in Clause 7 which states that a person is said to commit a sexual assault offence against a person belonging to a ‘group’ by virtue of that person’s membership of a group. This clearly implies that a sexual assault is only considered an offence under this bill if it is perpetrated by a member of the majority community. How is this fair? What about the reverse situation? The Clause in its present form is a slap in the face to all victims of sexual assault as it ranks the level of severity based on the community/group that the victim belongs to. Sexual assault is an inhuman act which cannot be taken lightly.
Another concern that I have is that the bill aims to form a new level of redundant and wasteful bureaucracy which will grab away law and order powers from the States. The bill aims to set up the National Authority for Communal Harmony, Justice and Reparation (a seven member panel) to exercise the powers and perform the functions assigned to it under this bill. The composition of the authority is defined by the bill below:
The National Authority shall consist of a Chairperson, a Vice-Chair-person and five other Members. Provided that, at all times, not less than four Members, including the Chairperson and Vice-Chairperson, shall belong to a group as defined under this Act. Provided further that, at all times, there shall be – 1. One Member belonging to Scheduled Castes or Scheduled Tribes; 2. Four women, whether Chairperson, Vice-Chairperson or Member.
On top of the National Authority, a State Authority will be set up in each state. The size and composition of the State Authority will perfectly mirror the National Authority. The potential risks of having the new National and State Authorities will be discussed in the section on risks.
Criticisms of this bill have come from many directions. One of the leading voices has been Arun Jaitley of the BJP. Jaitley has argued: “law and order are squarely in the hands of the State”. Then why must a Central Government agency handle a State’s law and order issues? Doesn’t that compromise and usurp the jurisdictional privileges of the state? What message are we sending to State governments regarding communal violence? That they are incompetent and are not qualified or honest enough to handle the problem? The Central government cannot become too powerful. That is a recipe for disaster. History has taught us how an overly powerful center can have very negative and destructive consequences.
Double Standards?
If we talk of communal and targeted violence and justice for victims, then our dear and unfortunate Kashmiri Pandits/Hindus, Buddhists and Sikhs are not guaranteed safety by this bill. The bill extends to the whole of India. But it will only extend to the State of Jammu and Kashmir (J&K) if the State grants consent to the Central government. Many may argue that since J&K has special status in India, that it goes without saying that this bill would be voluntary for the State. However, it is also very convenient that the only State which has such an option is also a Hindu minority State.
While reading numerous articles regarding this bill, I came across a truly disturbing double standard. When faced with the question of how this bill would treat a situation in which a Muslim group were to attack a Hindu group (where Hindus are in minority), Justice M S Liberhan (of Ayodhya Commission fame) replies “the law can be amended later to accommodate them (the Hindus)”. Why can’t this bill accommodate Hindus to begin with? Why must Hindus be victimized first and then be granted the right to be accommodated by this bill? Does anyone remember J&K and what happened there? We’ve already had our Hindu brethren victimized in places where they were in minority. We do not even need a legal precedent in order to strengthen the case for having Hindus accommodated in this bill. Yet, our legislators would prefer their tyrannical bill as it is. What message is the Central government sending to India’s Hindu population? Also, just imagine hypothetically how horrible a scenario we could have if J&K’s government decides not to enforce the bill in its jurisdiction and sponsors violence against its Hindu minority! What safety net is there for the Kashmiri Hindus? I can only see vulnerability and the mouths of Lashkar-e-Toiba, Hizbul Mujahideen, and other terrorist groups watering.
Risks
I certainly believe that the imposition of this bill may create many risks. I’ve already discussed how this bill does not accommodate Hindus. However, in the event of communal or targeted violence perpetrated by members of the majority community, would the perpetrators have the right to a fair and unbiased trial? The way I read the bill suggests that the seven-person National and State Authorities will be predominantly composed of women and members of the ‘groups’ as defined in this bill. There is absolutely nothing wrong with having women or members of the ‘groups’ as the authorities in this bureaucracy, but one may argue that this creates a serious judgment bias. How can we guarantee the neutrality and fairness of judgment of these members of the panel? There is not a single line in this bill which discusses this area of concern.
Secondly, a truly major risk that I see from this bill is that it may provide terrorist and secessionist groups (like the Naxals) with ample scope to operate their businesses under the shelter and auspices of this bill. It is worth mentioning that Sundeep Waslekar (President, Strategic Foresight Group) wrote a fine article on Forbes India (August 2011) which neatly laid out the misconceptions about terrorist groups and their abilities. Waslekar argues that terrorist groups are very well organized, politically savvy, and are shrewd business people. They are always looking for new revenue sources and the way I see it, communal and targeted violence is the next source of growth for them (given that this bill may soon pass). The consequences of terrorist infiltration in to communal issues can be absolutely devastating for the future ofIndia. The worst part is that this bill provides loopholes for these trouble creators to operate and not even be pursued.
Lastly, the secular fabric of India will be ravaged by this bill. I do not foresee future communal harmony in the light of such a backward, anti-progressive, and draconian bill. Heaven forbid that another large-scale act of communal/targeted violence was to occur after the successful passing of this bill. Every step of the process of seeking justice would create even more conflict and carnage. Just the thought of what we may have in store for us is a scary one. I can go on to list many more risks and criticisms about this bill but what is important is to focus on the fact that the bill exhibits inequality and unfairness – both of which go against the very nature of law.
A Sincere Appeal
I want to make some concluding remarks which may or may not sit well with some. This bill reeks of political and judicial revenge against the majority Hindu community of India, post-Gujarat riots. Laws should not be made in order to take revenge on certain groups. Also, retributive justice is a vicious cycle. Restorative justice gives us a chance to try and live together and heal each other’s wounds. Why can’t our legislators in India understand this? India has more laws than it can handle and enforce. The goal of all legislators should be to help enforce the laws that exist and amend them when need be. Simply adding one more level of bureaucracy will not prove to be a solution for the communal and targeted violence problem of India.
I do not seek to influence the thinking of others and so I urge you all to read the draft bill and its numerous criticisms from a wide spectrum of community groups. Formulate your own opinions about this bill and fight to either support this bill, negotiate fair amendments, or fight to have it dismissed. It is the civic duty of all Indians, and all Hindus to be responsible citizens of the land. It is also a civic duty of all Hindu NRIs to lobby from wherever they are to pressure the Indian government to legislate responsibly.
We live in the 21st century and we pride ourselves as hailing from the world’s largest secular democracy. But I argue that this democracy is becoming a draconian and anti-progressive system of hyper-appeasement and inter-caste/inter-community retribution. This bill will usurp the powers of the States and it will create a wasteful new layer of bureaucracy to an already over-burdened judicial system. This anti-communal violence bill will only create more unrest and resentment between the various communities of India as it considers communal violence as an act perpetrated only by a majority community on a minority community. It will also incentivize terrorists, Naxalites, and corrupt politicians to infiltrate minority groups in order to stir up trouble. Where a terrorist attack may kill some people and strike fear in others, a pre-meditated communal violence incitement can have larger, longer-lasting collateral damage. We can’t give the enemies of India this golden opportunity!
Ratna says
September 7, 2011 at 3:01 amExcellent research; author demonstrates a firm understanding of the shortcomings of this bill.
Docboss says
September 7, 2011 at 3:52 amVery well done. This article should be spread far and wide.
UK Iyer says
September 7, 2011 at 3:56 amThis Bill is fit to be consigned to waste-paper-basket.
Mullah Nasiruddin says
September 7, 2011 at 7:14 amThis Bill will NOT protect the minorities except in name. It will cause great harm to them and to the National fabric. It is not that the movers do not know the consequences. Some of teh supporters of the bill are controlled from elsewhere. They have been recipients of ISI money though Ghulam Nabi Fai. Beware!!!!!! Think deeply before any such act is passed.
Arjun says
September 7, 2011 at 7:15 amWell explained and good expose of the bills vote bank intentions
Rita Putatunda says
September 7, 2011 at 10:01 pmWell written piece. Brings out the shortcomings of the bill succinctly.
ramaswamy says
September 8, 2011 at 2:29 ampoliticians aim at UP election and not for actual welfare of minorites.they betray nation to fill their own pockets.GOOD citizens should rise against this bill.
T. Nagesh says
September 9, 2011 at 10:41 amPrima facie it appears from the proposed Act that it can be easily misused by the Muslims and Christians to dominate the majority community. A simple civil litigation can also lead a danger to Hindu people due to this Act.
Sanjay says
September 10, 2011 at 3:38 amThis article is well written and the author has a great grasp of this bill. I hope all Indians could see through this ill conceived bill.
gayatri says
September 10, 2011 at 8:15 amthis bill accodring to me says its only the hindu community that is involved in voielence.plz stop this vote bank politiecs…there are other issues to take care..
shankar says
September 10, 2011 at 10:54 amgrate lady sonia, pl stop all this non-sense thing concentrate crubbing issue like terrorism & don,t create barrier between religions. indians are awaken hence don,t play politics on religeous sentiments
M Patel says
September 10, 2011 at 3:21 pmGreat article.
Facts about CVB (Communal Violence Bill a.k.a Anti-Hindu Blasphemy Bill):
1) Only a person belonging to majority community can be booked under draconian provision of CVB. Under no circumstances CVB will apply to minority.
2) All verbal or written attack on Hinduism are allowed under free-speech but exact same attack on non-hindu religion means jail time under CVB.
3) In a group clash, CVB is explicitly anti-majority, and automatically assumes guilt regardless of who is attacker and defender. For example, Had Godhra train passengers successfully repealed the attack and injured few attackers then event would be dubbed as group clash and Passengers would have CVB slapped on their wrist.
Many aspects of India’s CVB are worse than Pakistan and other islamic countries blasphemy laws.
In reality, CVB is both, Anti-Hindu and Blasphemy law. So, please call it “Anti-Hindu Blasphemy Law”. If we can popularize the term “Anti-Hindu Blasphemy law” then half the battle is won.
Mushtaq Mohammed says
September 10, 2011 at 5:06 pmThis bill should be passed. The muslims of India will not stand for people that drink cow piss and worship statues of 10000000 different things…
Hinduism and the hindu population is a world threat as they are kafirs and if we can’t kill all kafirs because of kafir law then we should at least be able to stop them from acting like the majority. Just because 70% of India is kafir, doesn’t make it right and true to god. Allah will bless this law and it is the first step in the right direction to move India from a Kafir state.
The author admits and is proud of being a kafir. This is OBVIOUSLY the first problem and why this article makes no sense.
Abhaya Shanker Dube says
September 11, 2011 at 5:43 amDear Mushtaq Mohammed,
Thank you for your kind words! I’d be more than happy to debate this bill with you in a public forum. Please do not utter words of hate. Please use your superior intellect to defeat me in a debate for the betterment of Indian society.
I need not dignify your comments any further. So once again, I challenge you to debate me in a public forum on why you feel so strongly about passing this bill. I will present my views and you will present yours. The informed public will be the judge!
Peace be with you, my brother.
Abhaya S. Dube
shankar says
September 12, 2011 at 6:05 amdear abhaya shanker dube author,
thank u for ur advise given to musthaq mohammed, whether he understood cvb contents it reffered to protect one community interest than whole humankind hence more debate & intelectual thinking is required than haterted words if he doesn,t like our land let him go where he gets his words carries.
gayatri says
September 12, 2011 at 8:22 amdear author,
its really nice to ask people like musthaq mohammed to cal for an public debate..people like him who dont understand the why laws are made for and make the life of other peace loving population hard….its time to educate them.
ravibabupilli says
September 15, 2011 at 1:33 pmdear author sir,
I’m also agree with you .Mr. Musthak ,he himself thinks that he want to convert the secular India into an Islamic state.In his state there will be no Hindus,no Christians as in north-east states and also no Sikhs as in Punjab.I am very thankful to you that you invite him for a open debate on cvb.
Abhaya Shanker Dube says
September 23, 2011 at 12:49 pmDear readers, I’ve yet to hear a reply to my debate request from our brother Mushtaq. It is too bad. In-depth dialogue would actually help out all parties involved. Thank you all for taking the time to read this article and for offering your valuable comments.
Atharva says
September 28, 2011 at 6:50 amAbhaya, very befitting reply! People like Mushtaq Mohammed are true betrayers of country, they are the internal enemies of country brain washed by few selfish leaders. Its time to teach such persons good lesson.
pratigya says
October 6, 2011 at 5:08 pmi think dis bill is giving a gud oppurtunity 2 wrongdoer to create disorder in the country in d name of targeted violence.n sumwhere it will damege our unity.
pratgya says
October 6, 2011 at 5:26 pmdis bill iz giving a gud oppurtunity to wrongdoer 2 create disorder in d country in d name of targeted violence.
Pooja Thampi says
October 9, 2011 at 7:35 amDear Sir, you are very much correct in saying; “Only restorative justice can give us a chance to try, live together and heal each other’s wounds.” And that is exactly what we need. The unnecessary and illogical provisions will power the political as well as social instability in the country which in turn will attract the enemy and terrorist attacks. Whenever India was politically unstable, she has faced such disasters.Formulate reasonable and fair laws which will foster the communal unity and not rivalry.
And the most important thing we, the people of India have to do is to educate ‘all’ Indians, that India is their country which gives them food and shelter; Love and respect her.
Hunger, poverty, illiteracy, filthy living standards, etc. do not have any ‘community/religion’. Please, be united. Love your fellow countrymen, your brothers.. at lest, try to do so, it will help you.
Mullah Nasiruddin says
October 9, 2011 at 2:04 pmDoes anyone think this act will be passed and can stand the scrutiny of courts? This is basically intended to fool the muslims. No such law will stand the scrutiny of Courts. The muslims are being fooled. So if a muslim attacks a hindu it is normal law and if a muslim is attacked it is special law? Who but the anti-national congess can concieve of such law to please the italian?
Ajay Mittal says
October 28, 2011 at 12:40 pmThis bill must be thrown into dustbin. Its authors should be prosecuted for spreading hatred against the Hindus.
rajeshv says
November 12, 2011 at 4:48 pmThere is loop hole,
There are 6 religion : Hindu, Muslim, Christian, Jain, Sikh and Baudh.
So Muslim are majority when we count Muslim-Christian, Muslim-Jain fight, Muslim-Sikh etc..
Now There are three groups 1>Hindu, Jain, Sikh, Baudh, 2>Muslim 3>Christian.
I believe whenever riot breaks out, First group can use Jain, Sikh, Baudh name v/s Muslim/Christian riot and hence ultimately Muslim and Christian has to face the problem.
Digant says
November 12, 2011 at 6:53 pmThis bill will not prevent any communal violence
it will make a clear separation among people at large
G Vishwanath says
November 19, 2011 at 5:41 amThe bill will not be passed in its present form.
The Congress will not foolishly blunder like this.
This bill in its present form will galvanize the Hindus in a way the Ram Janma Bhoomi Movement could not do. The BJP will be licking its lips in anticipation.
The Congress will be making a free gift of power at the center to the BJP by supporting this bill.
Wiser and smarter and more cunning counsel within the Congress will prevail.
Yes it is possible the bill in a considerably diluted form will be passed.
As long as all its provisions apply to all communities in all states the bill cannot be faulted.
Its drawback lies in the fact that it can easily to used to target the Hindu community even when it is innocent and the bill offers scope for exploitation by bad elements in the minority communities
Just my opinion.
GV
Saurabh Jain, London says
November 20, 2011 at 8:08 pmVery well written .. where can we lodge our protest???
Abhaya S. Dube says
November 20, 2011 at 8:59 pm@ All readers. I’m going through a huge family tragedy presently but I’m seeing much feedback on this matter and would like to bring your attention to some online petitions on this matter. Please vote and make a difference:
1) http://www.ibtl.in/communal-and-targeted-violence-bill
2) http://www.hindujagruti.org/activities/campaigns/religious/communal-violence-bill/
Peace, truth, and love to all!
Himani says
November 25, 2011 at 7:30 amDear Abhay ji,
I think you need to re-look at the defintion of ‘group’. This Bill will protect Biharis and UP wallas in Maharashtra who are tageted, Tamilians in Karnataka who are targeted and also Hindus in North-East and Kashmir. Please give a balanced view of the Bill. I have personally met some members of NAC and understood the bill from them. The Bill may not be perfect but it is definitely worth bringing in for discussion. It is high time we need a bill to tackle targeted violence.
Abhaya S. Dube says
November 28, 2011 at 1:20 amDear Himani ji,
I urge you to please ask these same NAC members how they expect to protect Hindus in Kashmir if the government there actually reserves the right to not let this bill apply to them. Just the sheer fact that they have the option to opt in or out is a major risk. Throughout this paper, I did not mention Congress or NAC. I simply detest this bill. You have the democratic right to disagree with me. But the definition of ‘group’ is very unclear. Please read the bill in its entirety. I am not the only one who has sifted through line by line. Many lawyers of the highest caliber are of the same feeling as myself. I’m simply expressing my views. There is no compulsion to follow my views. I have stated that very clearly in my essay. If you are convinced by the NAC that the definition of “group” meets sufficient conditions of a fair and balanced legal bill, then I suggest you go ahead and support it. I am more hawkish. I trust but verify.
Peace to you,
Abhaya S. Dube
P.S. Existing laws are sufficient. You simply need to enforce them. Adding another level of bureaucracy will further backlog the legal system whether you like it or not. Just remember, it is one thing to make laws and it is another to actually enforce them. Why don’t we focus our energies on enforcing our laws? Some food for thought.
shankar says
December 2, 2011 at 4:28 amthis bill will create not only communal differences also create linguistics problem by way of majority & minority ‘group’ in different state instead of creating peace it create pieces of india . i pray so called sudo-secular parties to stop introducing bill.
Himani says
December 9, 2011 at 10:13 amDear Abhaya ji,
There are also eminent High Court judges who have spoken in support of the bill. The very fact that existing laws are not sufficient to tackle communal violence is evident from the number of people who have been punished for such genocides. The kind of violence that is brought upon women is not even covered by the definition of ‘rape’ in legal terms. The absence of ‘command responsibility’ by police officials during such violence is only punishable by suspension at the most. Shouldn’t the police and government authorities be held accountable for failing in their duties to protect people? In all cases of mass genocides, the findings of Committees have clearly named the people who incited the violence. How many have been pinished under any law? The Srikrishna Commission findings have not yet been implemented. Surely there is a need to at least discuss where we are going wrong in the laws and systems.
Himani says
December 9, 2011 at 10:14 amDear Abhaya ji,
There are also eminent High Court judges who have spoken in support of the bill. The very fact that existing laws are not sufficient to tackle communal violence is evident from the number of people who have been punished for such genocides. The kind of violence that is brought upon women is not even covered by the definition of ‘rape’ in legal terms. The absence of ‘command responsibility’ by police officials during such violence is only punishable by suspension at the most. Shouldn’t the police and government authorities be held accountable for failing in their duties to protect people? In all cases of mass genocides, the findings of Committees have clearly named the people who incited the violence. How many have been pinished under any law? The Srikrishna Commission findings have not yet been implemented. Surely there is a need to at least discuss where we are going wrong in the laws and systems.
Abhaya S. Dube says
December 12, 2011 at 6:01 amDear Himani ji,
Surely, you must be aware of The Indian Penal Code. All you need to do is enforce it. I can bet you my soul that creating new “Police to Police the Police”+”Courts to check the Courts”+”Judges (National Authority for Communal Harmony, Justice and Reparation) to judge Judges” will do nothing but fail the people and violate the majority! Your concerns for female victims of CTV, rape etc is respected. However, I would suggest you to lobby to make our existing laws tougher and our courts system more efficient!
Would you like to know something quite fishy about this bill? This bill can prosecute those who are not personally or directly involved in an act of CTV (Communal or Targeted Violence) but might be seen inciting (through actions or words) or being a public servant (all salaried employees of the public ranging from clerks to Chief Ministers). So as an example, if this bill were to pass, and a communal riot in a state occurs, then even the Chief Minister can be prosecuted. Basically, this bill creates a Super Government with legal, and political powers to oust anyone. Just imagine the potential abuse possible. This National Authority can kick out Chief Ministers or heads of Police with whom they may have political disagreements. All they would have to do is pay some goondas to do bad things! Where are the checks and balances to assure the public that this National Authority is politically atheistic?
You leave me with no choice but to get political. This bill’s sole political purpose is to convince India’s minorities that the Congress Party is their sole protector. India’s minorities are expected to show their deep gratitude to the Congress Party at the ballot boxes. The Congress Party has been in power during well over 90% of the past Communal and Targeted Violence cases of the past. It is a shame how short the memories of Pseudo-Secular Indians are.
Before you tell me that this bill deserves the respect of deliberation in Lok Sabha, Rajya Sabha, and a standing committee, I would ask you to help contribute to reducing corruption, religious extremism, disrespect towards women, children and the elderly. As well, I would ask you and your friends at the NAC to come to terms with reality!
I know Salman Khurshid and the NAC are working in tandem to go after people like Narendra Modi. If he has done wrong and India’s present laws deem him a culprit, then put him in jail! However, I ask these same people why they didn’t demand the heads of Indira Gandhi (Sikh riots of Delhi), Sanjay Gandhi (forcing improperly administered vasectomies on thousands of men), and Rajiv Gandhi? Please tell me why the sudden rush to prove how loyal a political party is to a certain “group”?
The only discussions needed right now are regarding how to enforce our laws efficiently/effectively and how to rid government and business of wholesale corruption. Focus on these areas and all of the concerns of NAC and Congress will be addressed and taken care of.
Best wishes,
Abhaya
Himani Rawat says
December 13, 2011 at 7:00 amDear Abhaya ji,
Surely you are aware that even the Indian Penal Code has loopholes that are exploited. The fact that many witnesses turn hostile due to lack of any protection is proof of that. The proposed Whistleblower’s bill will also create only a recommendatory body with no teeth. People who are working for the enforcement of existing laws are struggling everyday with the politics of the dominant communities. “Corruption” is not an overarching issue. There are also dominant caste politics in this country. Of course judicial accountability and police reforms are also needed. Nobody is talking about creating a “Super Government” the way you are making it out to be. Surely there is a need for checks and balances to avoid abuse of power. I think you are only looking at this bill from your bias against Muslims. It has been observed that 90% of the victims of communal riots till date have been Muslims, Christians and other minorities. I never mentioned the Congress or the BJP. Several versions of this bill have been put on hold since 2005. In one version of the bill, the police was given more powers which can also be dangerous. I am not saying that this bill is perfect but it needs to be discussed further. The experience from the anti-Sikh riots to the Mumbai and Gujarat riots calls for a special law. Even today people are dying in communal riots in Paramakudi and Gopalgarh. How many more people have to die to realise that such a law is needed? Rather than just focusing on parochial issues of favouritism to “certain group”, a strong and effective Communal Violence Act is the need of the hour.
Josheph d'costa says
December 28, 2012 at 5:16 pmthe apprehention of majority group in this post itself indicate why the bill need to be passed? mr. author don’t change the wording of the bill to support ur contention. the exact defination of group is :
“group means a religious or linguistic minority, in any State or teritory or part of state or territory 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 who r victimised by any pre planned communal violence. where hindus r minority in any part of any territory they would also come within the defination of group. and secondly u r saying about baisness???? then what about the present situation? if presently the investigation of minority r not conducted by the police from majority community? so ur saying what investigation is done in Orissa or gujrat for genocide of minority group r baised towords u majority group????? i can understand ur apprehension. u r afraid of the fate of execution of ur future plane of minority genocide if the bill is being passed. 1st show justice to people of minority group in orissa and gujrat then talk about. and which public foroum ur inviting for debate? a foroum full of sick communal people like u? or any open international group? i know u will never debate in any international group where u communal hindus would be a minority.
Josheph d'costa says
December 28, 2012 at 5:21 pmthe only person who is a truely human being is Himani who is not atleast communal like u other people and she think from a pracical angle. and whatever she stated are perfect answer to u all. no need for further answering
Abhaya Shanker Dube says
December 28, 2012 at 8:36 pm@”Josheph d’costa”: I am not here to tell anyone how to feel about this bill. I have offered by concerns! Stop pointing fingers at me or any group – be they Hindu, Buddhist, Jain, Sikh, Jewish, Muslim, Christian or Atheist! My views on this matter are my views. I have done nothing but stated my interpretation of this lousy bill. Your focus should be on cleaning up the system from within and without! India as a whole is in deep trouble. The Indian Penal Code may require some tweaking here and there with strong/honest enforcement (without corruption). But to say that a lopsided bill as this will actually solve our problems couldn’t be further from the truth! This bill would do one thing: ALIENATE THE ALIENATED (Majority Group in India). Final note to Josheph: I wish your English and spelling were better. I just can’t take you seriously when you write such silly comments.
@Himani: You live in some dreamland Utopia where this bill would be the final solution to India’s communal problems. Please continue to live in your delusion! You have the full democratic right to do so! You can sugar coat this bill as much as you want but I don’t believe you. I leave the readers to decide! You mention that 90% of victims report to be Muslims. Do you mention why the other side reports less numbers? Think deeply for once. Take away your pseudo-secular mask and think clearly. The answer is very simple. And I stress very strongly that I sympathize with all victims of communal violence. But I will not let you undermine my points with half-truths and double standards! I am a devoted follower of Dharma and I know damn well what is right and what is wrong and am tolerant towards all. However, I am intolerant of the intolerance that other groups have of my group! That I will say with no fear or shame! I’ve stated my case already. Rational people can judge me in whichever way they wish! I welcome it. Om Shanti Om
Himani Rawat says
December 30, 2012 at 12:22 pmHahaha! ALIENATE THE ALIENATED (Majority Group in India)? Now who is living in dreamland Utopia? I did not make personal attacks at you, but your rude and elitist language has forced me to show people what you really are – A Manuwadi Brahmin!! I am happy that I have contributed to bringing out your true colours. You believe in Dharma and know damn well what is right and what is wrong and are tolerant towards all?? What a joke!! The Dharma itself preaches graded inequality and caste! You wake up after a year to respond to my mail. Stop correcting people’s English! Not everyone is educated in an English medium like you elitist Brahmins! You Brahmins have fooled the nation for far too long and kept the masses deprived of education for more than 2000 years! Brahmins have used Dalits, Tribals and OBCs as foot soldiers of the Hindu religion in riots against Muslims and Christians. Before calling me a pseudo-secular, you should know that I am anti-Brahmanwad and anti-Manuwad, not to mention an atheist. I never said the bill is a solution to all problems, I just said that there should be a discussion on it based on the groundwork and facts. But obviously you do not respect other opinions which challenge your Brahmanwad! You casteist Hindus are the reason, why majority of the oppressed ex-untouchables converted to Islam, Buddhism and Christianity! If you think that by addressing corruption all problems will be solved then you are living in your own cocooned La La Land! Brahmins have fooled the nation for far too long – be it in the Congress or the BJP!!
You said “I am intolerant of the intolerance that other groups have of my group” Oh really?? Being born in a Hindu family, I can safely say Hindus do not need you to protect their “group”. What we need is riddance of the caste system and Casteist Hindus like you! Down with Brahminism and Manuwad and the Dharma Shastras!! That is what the country needs more than anything. Jai Bhim! Jai Buddha!
Abhaya Shanker Dube says
December 31, 2012 at 4:17 pm@Himani: Jai Bhim! Jai Buddha! I share these sentiments! Dr. Ambedekar was one of the finest Indians of pre and post-independence India. His work on India’s constitution is unmatched in the world. My “elitist” English is a product of my complete upbringing in Canada. So please do not call me an elitist. As to your allegation that I am a Brahmanwadi or Manuwadi, nothing could be further from the truth. Those who know me personally can attest to my true opinions on these matters. I do not believe that castes are fair and just. You should really read more of my work on this website!
Here is my reply to a reader of another article that I wrote about your favourite political party:
Article–> India’s Political Amnesia and The Nehru – Gandhi Clan’s Incompetence
“@Sukhvinder: Why must you attack the entire pandit community? Also, caste means nothing. The only way you can belong to your caste is if you exhibit the qualities of that caste. The notion that it is a birthright to be a pandit, kshatriya, vaishya, or shudra is utter non-sense! Those who believe that they belonging to a caste by birthright are idiots! If you were to judge Nehru, then please call him a Pariah! Nehru and his family do not belong to the pandit community. They did not maintain the standards of the community. So please stop the name-calling to spark friction! Also, I respect the institution of paaNDitya so much that I refuse to wear my sacred strings (although I have been initiated) until knowledgeable pandits deem me worthy! I humbly resent your statement of hate!”
Himani Rawat says
January 1, 2013 at 8:35 amThe Congress in not my favourite political party! May be the BJP is your favourite political party hence you keep bringing up Kashmir and Narendra Modi! I am an Ambedkarite! You reflect the fears of the Hindus that they are alienated? That is such a ridiculous statement! So far away from reality! The fact is that 3% of Brahmins are dominating 97% of the population. Obviously your upbringing in Canada has given you no exposure to the grassroot reality of India. I suggest you work with social movements in India to get a grip of caste reality of India.
You say you believe in Ambedkar and the Constitution? Then how can you believe in the Dharma Shastras? I am not against Brahmins but against Brahmanwad! Anyway, you do not own the Hindus that you call them “my group”. You come across as a “dharma ka thekedar”. Your attitude of calling others’ opinions silly just because they make a few mistakes in English, makes you come across as an elitist Manuwadi Brahmin. You called me delusional? The fact is that you are one of those ‘sattelite intellectuals’ whose heads are up in the air and totally disconnected from grassroot reality. You are not even willing to accept facts and statistics based on groundwork and research studies. That does make you sound like a Manuwadi Brahmin, no matter how much you oppose it.
Abhaya Shanker Dube says
July 13, 2013 at 7:59 pmBless your soul, Himani. I completely concede if that makes you happy. ;o)
Abhaya Shanker Dube says
June 10, 2014 at 2:12 pmHimani Rawat: Your pseudo-secularism lost! My nationalism won. At last, I am vindicated. If you still want to pass this bill, go ahead and try! I’m sure the newly elected BJP/NDA government will give you the time of day! 🙂