The Bill, however, does not have the provision for direct intervention of the Central government in the event of communal violence in any state. The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005, was introduced by Home Minister Shivraj Patil amidst din in the House over the Volcker issue.
According to statement of objects and reasons, the
Bill empowers Central and state governments to take measures to provide for prevention and control of communal violence which threatens secular fabric, unity, integrity and internal security of the nation.
The Bill provides for constitution of a national, state and district Communal Disturbance Relief and Rehabilitation Council.
It prohibits any discrimination in providing compensation and relief to victims of communal violence on grounds of sex, caste, community or religion.
The Bill proposes to arm state governments to declare certain areas as communally disturbed, lay down measures for prevention of acts leading to communal violence and enhance punishments.
It also provides for speedy investigation and trial of offences through special courts, and make institutional arrangements for relief and rehabilitation of victims.
Giving special powers to the Centre to deal with communal violence in certain cases, it provides for directing state governments to take all immediate measures to suppress violence and to deploy armed forces to deal with the situation at the request of State governments.
Later, Mr Patil told newspersons that the issue of Centre’s direct intervention in states in case of communal violence was discussed with Chief Ministers and state Home Ministers but many of them opposed it saying it went against federal spirit of the country.
Mr Patil said he had favoured inclusion of the provision ‘or otherwise’ in the clause which says that the Union government would send central forces when sought by a state government.
“The provision of ‘or otherwise’ would have enabled the Centre to act. But in view of the opposition, we decided not to change the shape of the Constitution till there is acceptance by all,” he said.
To a question, he said that at many times, the Central government is held responsible for incidents in states which was inappropriate as law and order is the responsibility of the respective state governments.
“We (Centre) can pass laws under Indian Penal Code but cannot take action,” he said, adding there have been several occasions when central para-military forces were in the field but could not act because they had no powers.
