Dinesh Kamath's Editorial 'An attempt to prevent communal violence' that was published in Newsband

An attempt to prevent communal violence

India certainly needs a specific law to prevent communal violence. The present revised draft of the Prevention of Communal Violence (Access to Justice and Reparations) Bill seeks to address some of the problems associated with communal violence in India

Communal clashes are engineered and sustained by chauvinist and anti-social elements in both the majority and minority communities. Instead of a sharp focus on communal violence, the bill proposes to target “hate propaganda” too. Those who promote or incite hatred could attract the penal provisions of this law. Preventing communal violence requires better policing and administrative precautions rather than just prosecuting people who indulge in propaganda with the “intention” to promote hatred.

However, this Bill provides scope for misuse by subordinate law enforcers. Any draft addressing sensitive issue like communal violence will obviously call for phrases requiring subjective interpretations. Communal violence itself is subjective in nature.

We have seen the communal riots start by speeches of instigation and hatred. If this factor only stopped, than Law and Order can be implemented effectively. Congress is not interested to pass such bill or the bill what they are proposing because there are many communal people in Congress itself who do not want to get it passed. In fact, all political parties are to be blamed for propagating hatred among various communities.

India is a land of spirituality and masters and has shown the way in resolving problems related to faiths through mutual understanding. People belonging to different religions and caste coexist here with full acceptance of the right of others. Enacting a law is good, resolving the issues through mutual acceptance would be better.

Legislation related to communal violence might never be passed as then the political parties and their leaders will be the first to be prosecuted. Sectarian politics, cheap politics towards getting votes from caste and religious divides are norms of the day. Aam Aadmi Party is the only party which consciously keeps religion, caste and other sectarianism out of national politics.

One positive aspect of the bill is that it gives the center the power to encroach on the states. The state police themselves belong to some group or another and may not deal with the situation objectively while a central police force that is geographically separated from the state can be of help in this situation.

The thing is the mindset should change and perception towards communal violence is the key rather than any legislation or law. The government should not give this bill vote bank color. It should be passed with good intention and after rigorous discussion.