Communal Violence Bill facing opposition from non-Congress states

New Delhi: The controversial communal violence bill, which aims at protecting minorities from targeted attacks, is facing stiff opposition from non-Congress state governments and BJP even before its proposed consideration in the House in winter session of parliament beginning on Thursday.

Following a directive from Home Minister Sushilkumar Shinde, Union Home Secretary Anil Goswami on Tuesday held a meeting with Home Secretaries of all states as part of the government's bid to build a consensus on the proposed bill.

The draft bill largely sticks to the provisions in the 'Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2013' prepared by Sonia Gandhi-headed National Advisory Council (NAC).

However, representatives of non-Congress state governments have expressed strong reservations against various provisions in the bill saying it would infringe the federal structure of the country.

Those states, which have strongly opposed the bill, were West Bengal, Tamil Nadu, Gujarat, Madhya Pradesh and Odisha.

This comes even as the Home Ministry is preparang to move ahead with the bill which has been hanging fire for several years.

Jaitley slams Government on communal violence bill issue

The bill proposes to impose duties on the Centre and state governments and their officers to exercise their powers in an impartial and non-discriminatory manner to prevent and control targeted violence, including mass violence against religious or linguistic minorities, SCs and STs.

The bill also proposes constitution of a body - National Authority for Communal Harmony, Justice and Reparation - by the Centre to exercise the powers and perform the functions assigned to it under this Act.

Some state governments strongly opposed the setting up of such a "supervisory body".

Senior BJP leader Arun Jaitley on Tuesday said the bill was "highly discriminatory" and aimed at polarising the country on communal lines.

"It appears that on the eve of the Lok Sabha elections, in order to polarize the country on communal lines, the Ministry of Home Affairs has again written a letter to the state governments enclosing therewith revised draft of the bill. There hasn't so far been adequate consultation with the stakeholders," he said in an article.

Tamil Nadu Chief Minister J Jayalalithaa had urged Prime Minister Manmohan Singh on Monday not to introduce the Bill in the winter session of Parliament as it continues to suffer from "lacunae" and encroached upon the powers of states.

Jayalalithaa objected to 'unfettered' powers sought to be vested with National Human Rights Commission and and State Human Rights Commissions like issuing of directives to state governments.

"To override or supersede the constitutional authority of elected state governments and give superior powers to Commissions consisting of nominated members who are mere appointees of Governments will be a travesty of justice and the principles of democracy," she said.

West Bengal Chief Minister Mamata Banerjee has said the Bill impinges upon the domain of maintenance of law and order by the state government.

"It looks like a political vendetta. Continuous and unnecessary interference in the activities of state governments is totally anti-federal and unconstitutional.

"We love all our minority groups. We also respect every caste, creed, religion, language, etc. It is our responsibility and commitment to protect them as members of our family," she said in a Facebook post on November 30.

BJP has strongly opposed the proposed legislation and termed it as "dangerous" and "anti-majority", saying it will harm the federal structure of the Constitution. It also questioned how the Bill could presume that the majority community is always responsible for riots.