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All
India Muslim Majlis-e-Mushawarat
Proposed
Amendments
to
The
Communal Violence (Prevention, Control and Rehabilitation of Victims)
Bill, 2005
1.
Revise Title and
To cover social violence or violence between social groups, in all
its
Section (1):
forms and manifestations, the Bill should be titled.
“The Social Violence (Prevention, Control and
Rehabilitation of Victims) Bill, 2005.”
This implies that throughout the Bill, the word ‘Communal’
should be substituted by the word ‘Social’.
2.
Long Title:
Should be revised to read:
“To empower the State Governments and the Central Government to
take urgent and necessary measures to prevent, contain and control social
violence in all its forms and manifestations and to provide for the
short-term relief and long-term rehabilitation of the victims and for
matters connected therewith.”
3.
Section 1(4):
Should be deleted and the Act should come into
force on the same date all over the country (except J&K).
4.
Section 2(1)(b):
The word ‘Communally’ should be replaced by ‘Socially; and
the word ‘area’ defined as a district or part of a district i.e.
sub-district or block or town or urban ward.
Alternatively, it should be dropped and the term ‘Disturbed
Area’ should be used throughout the Bill.
5.
Section 1(c):
Should be substituted by “Social Violence means any act of
omission or commission, punishable under the IPC, by an individual or a
group of individuals belonging to one social group against an individual
or a group of individuals belong to another social group”.
6.
Section 2(1)(e):
The ‘District Council’ means the ‘District Social Peace
and Justice Council’ established by the State Government under
Sub-section (1) of Section 42. The
purpose of the Council should not be limited to provide relief and
rehabilitation or compensate the victims or prosecute the culprits but to
establish and oversee lasting social peace in the area.
7.
Section 2(1)(g):
The ‘National Council’ means the ‘National Social Peace
and Justice Council’ constituted by the Central Government under
Sub-section (1) of Section 45.
8.
Section 2(1)(k):
‘Relief and Rehabilitation’ includes providing shelter, food,
clothing and medical care to the victims of social violence by the
District Council as well as other means and measures for the
rehabilitation and return of the displaced persons to their homes in
security and dignity, as considered necessary by the District Council and
provided for in the State Relief and Rehabilitation Plan and National
Guidelines.
9.
Section 2(1)(l):
‘Scheduled Offence’ means an act of Social Violence motivated
by hatred or ill-will or revenge.
10.
Section 2(1)(n):
‘State Council’ means the ‘State Social Peace and
Justice Council’, established by the State Government under
Section 39.
11.
Section 2(1)(p):
May be omitted.
Chapter
II
12.
Section 3(1):
The words ‘of the opinion’ may be substituted by ‘satisfied’.
13.
Section 3(1)(a) & (b): Substitute
by ‘which has resulted in death or dishonour or displacement of
persons or destruction of property and the violence has been raging for 3
days’.
14.
Section 3(1)(c):
Substitute the word ‘danger’ by ‘threat’, ‘secular
fabric’ by ‘social harmony’ and ‘may’ by
‘shall’.
15.
Section 3(3):
Delete the phrase ‘it shall be lawful’ and substitute the word
‘to’ by ‘shall’.
Add at the end of 3(3): ‘to prevent and control violence in the
area’.
16.
Section 3(4):
Substitute ‘one or more officers’ by ‘and depute a
senior officer’. Delete
‘and different competent authorities may be appointed for different
provisions of this Act’.
17.
Section 4(1):
Delete
18.
Section 4(2):
Substitute ‘If inter-group violence is not controlled
within 7 days, the State government shall request the Central Government
to deploy armed forces of the Union to control the situation’.
Chapter
III
19.
Section 5(1):
Add before ‘has arisen’ ‘is likely to arise or’.
20.
Section 5(2):
5(3): Renumber as 5(2).
21.
Section 5(3):
Substitute by ‘The Competent Authority shall exercise the powers
of the District Magistrate whether he is posted as such or otherwise.
22.
Section 7(1):
Delete ‘communally’.
Proviso: add after ‘individuals’ ‘or social groups
which are being targeted in the disturbance’.
23.
Section 9(5):
Add: ‘The Competent Authority shall take full and urgent
cognizance of any offence under Section 153A or 153B of the IPC and if any
act of misinformation or disinformation or spreading rumours or deliberate
misreporting by an individual or an organization comes to his notice, he
shall order those concerned to stop such acts and take action against them
in accordance with law.’
24.
Section 9(5):
Renumber as 9(6).
25.
Section 17(2):
Delete
Chapter
IV
26.
Section 19(1):
Omit ‘on such scale or in such manner which tends to create
internal disturbance within any part of the State and threatens the
secular fabric, unity, integrity or internal security of the nation’.
27.
Section 19(2):
Substitute ‘scheduled’ for ‘communal’.
28.
Section 19(3):
Add after ‘Government’ ‘or a member of a legislature or
Panchayati Raj Institution’.
Chapter
V
29.
Section 20(3):
Delete
30.
Section 22(1):
Substitute ‘headed by an officer of the level of an
Inspector-General of Police’ by ‘appointed by the Competent Authority
consisting of the District or Additional District Magistrate, the
Superintendent of Police and the District Public Prosecutor’.
31.
Section 22(3):
Substitute ‘Director General of Police’ by ‘the State
Government’.
Chapter
VI
32.
Section 29:
Add before ‘person’ the word ‘qualified’ and
after ‘Public Prosecutor’, ‘in accordance with law and with
the consent of the victims’.
Chapter
VII
33.
Section 38:
Substitute ‘State Communal Disturbance Relief and Rehabilitation
Council’ by ‘State Social Peace and Justice Council’.
34.
Section 39(a):
Replace ‘the Chief Secretary’ by ‘Chief Minister’.
Add ‘The Secretary of the Revenue Department’.
35.
Section 39(g):
Add the Chairpersons of State Human Rights Commissions, State
Minorities Commission, State SC and ST Commissions, State Women
Commissions or the representatives of the corresponding National
Commissions, if necessary.
37.
Section 39(i):
Substitute ‘The Joint Secretary to the State’ by ‘The Chief
Secretary of the State, Member-Secretary, ex-officio’.
38.
Section 40(1):
Substitute ‘planning relief, including immediate and urgent
assistance and rehabilitation measures’ by ‘preparing a state plan for
immediate and long-term relief and rehabilitation measures for the victims
of social violence.’
39.
Section 40(2)(h):
Delete ‘appropriate’.
40.
Section 40(2)(j):
Delete ‘appropriate’.
41.
Section 40(2)(k):
Delete
42.
Section 40(2)(n):
Delete ‘appropriate’.
43.
Section 40(3):
Substitute ‘The State Council shall formulate its own
procedure’.
44.
Section 41(1):
Delete ‘for every state’.
45.
Section 41(2)(i):
Delete ‘including the constitution of District Level Peace
Committees’.
46.
Section 42(1):
Substitute ‘District Communal Disturbance Relief and
Rehabilitation Council’ by ‘District Social Peace and Justice
Council’.
47.
Section 42(2)(e):
Substitute ‘the private’ by ‘local’.
Add after ‘organization’ ‘active in the field of
promoting social peace and harmony’.
48.
Section 42(2)(f):
Substitute ‘religious’ by ‘local’.
49.
Section 44(1)(b):
Add (vi):
‘Arrangements for rehabilitating the displaced persons in
their homes in security and dignity’.
50.
Section 44(2):
Substitute ‘Communal Harmony and Prevention of communal
violence’ by ‘social Peace and Harmony’.
Chapter
VIII
51.
Section 45(1):
Rename ‘National Communal Disturbance Relief and Rehabilitation
Council’ as ‘National Social Peace and Justice Council’.
52.
Section 45(2)(i):
Substitute ‘Secretary to the Government of India, Ministry of
Home Affairs’ by ‘Minister of Home Affairs of the Government of
India, ex-officio Chairperson’.
Add, as members, the Chairpersons of the National
Human Rights Commission, National Commission for Minorities, National
Scheduled Caste Commission and National Tribes Commission and National
Commission for Women’.
53.
Section 45(2)(v):
Substitute ‘other sections of the society’ by ‘voluntary
organizations of national eminence’.
54.
Section 45(2)(vi):
Add: ‘Secretary to the Government of India, Ministry of
Home Affairs – ex-officio Secretary’.
55.
Section 45(3)
Substitute by ‘The Joint Secretary in the Ministry of Home
Affairs charged with promotion of Social Harmony and National
Integration’.
55.
Section 47(1) & (2):
Substitute by ‘The National Council shall make an annual
review of the situation of social violence in the country and formulate
and annually update National Guidelines for prevention and control of
social violence, for relief and rehabilitation of the victims, for uniform
compensation for loss of life, limb, honour and property to be paid and
advise all the State Governments accordingly’.
‘The National Council shall recommend the quantum of
central funds to be released for relief, rehabilitation and compensation
to the State concerned and monitor its utilization’.
Chapter
X
56.
Section 53(1):
Delete and substitute by ‘The State Government shall pay
equitable compensation to a victim of social violence, or to his
next-of-kin, for loss of life, limb, dignity and property in accordance
with National Guidelines’.
57.
Section 53(2):
Delete and substitute by ‘The State Government shall
appoint an officer of the rank of District Judge as the Claims
Commissioner for each disturbed district to receive, consider and decide
the claims of compensation filed by the victims of the social violence in
the light of the National Guidelines and State Peace and Harmony Plan’.
58.
Section 53(3):
Delete and substitute by ‘The award by the Claim
Commissioner shall be communicated to the District Council for immediate
action’.
59.
Section 54:
May be deleted.
Chapter
XI
60.
Section 55(1)(a):
Add at the end ‘in accordance with Article 355 of the
Constitution read with Article 256’.
61.
Section 55(1)(b):
Substitute ‘such time as may be specified in the direction’ by
‘and restore harmony within 30 days’.
62.
Section 55(3)(a):
Substitute ‘Issue a Proclamation of Emergency on ground of
internal disturbance under Article 352 of the Constitution and issue
necessary directions and make appropriate arrangements for the
administration of the disturbed area’.
63.
Section 55(3)(b):
Delete ‘on a request having been received from the State
Government to do so’.
64.
Section 55(4):
Substitute ‘constitute an authority to be known as Unified
Command’ by ‘post a Special Commissioner’.
65.
Section 55(5):
Substitute ‘or any officer nominated by the State Government or
the’ by ‘the Special Commissioner, the Competent Authority and
the District Magistrate’.
Chapter
XII
66.
Section 57(1)&(2):
Delete.
67.
Section 57(3):
Renumber as 57(1).
20
February, 2006
(SYED SHAHABUDDIN)
New
Delhi
PRESIDENT
Sd/- Syed Shahabuddin
ALL INDIA MUSLIM
MAJLIS-e-MUSHAWARAT
D-250, Abul Fazal Enclave, Jamia Nagar, New Delhi - 110 025 Phone: 2632
6780 Fax: 2632 7346 Email:
muslim@del3.vsnl.net.in ; www.mushawarat.com
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