Prevention and Punishment of Sectarian Violence and Rehabilitation of Victims Law, 2010

Bangalore/ New Delhi

Prevention and Punishment of Sectarian Violence and Rehabilitation of Victims Law, 2010 with amendment of Criminal Proecdure Code.Sanctioning Authority shifted to either the District Judge or the State Legal Services Authority. New law with freshly inducted jurisprudence that draws from the Geneva Covention (Convention Against Genocide) and the International Criminal Court (ICC) arose out of the sectarian violence in India

Global Council of Indian Christians(GCIC) now appeal to the Union Government not only passes the Law but passes a Law well conceived to address the issues that arose out of the carnages of 2002 (Gujarat), 1993-1994 (Bombay), 1984 (New Delhi) 1987 (Meerut Maliana) and 1989 (Bhagalpur) ,2007 and 2008 Kandhamal,Orissa. Events in Kandhamal had their impact in Europe and elsewhere.

The justice Somskhar commission ,a commission of inquiry instituted to probe the 2008 church attacks in Karnataka State ,in its interim report, recommended a ban on all communal organisations regardless of their religious affiliations and forfeiture of their assets.The commission headed by Justice B K Somasekhara also indicated that senior police and district administration officers colluded with Sangh Parivar outfits when various churches across Karntaka.

The idea for a new law with freshly inducted jurisprudence that draws from the Geneva Covention (Convention Against Genocide) and the International Criminal Court (ICC) arose out of the sectarian violence in India, in its long term recommendations had recommended the establishment of an independent and permanent National Statutory Crimes Authority to come into force whenever the integrity and secular fabric of the country was threatened.

The UPA I government’s Common Minimum Programme (CMP) in consideration of the recommendations of the NHRC and the CCT vowed to enact such a law. In Two official Draft Bills were thereafter presented over which the cicvil society had consultations and suggested drastic amendments and alterations.

The creation of an independent statutory authority (that could under this law have its powers vested in the National Human Rights Commission) that is empowered to intervene, order forces, investigate and prosecute the crimes when circumstances as outlined under this Law prevail. Definitions of Crimes should be Drawn from the Geneva Convention and the ICC.

The tendency in the official Bills has be to define Crimes as those already listed under the IPC, Arms Act. Explosives Act and so on. . Hence the crimes need to be defined clearly to address pogroms/carnages where groups are singled out, targeted, demonised, subject to boycott, women and children targeted and then subjected to sever violence in all its many dimensions.

Apportion Criminal and Administrative Liability to those Officers and Politicians who fail to perform their duty.
One major lapse in the official Bill (s) has been the failure to cl;early lay out a “Command Structure of Responsibility of State Actors’ to ensure and enable that administrators/policemen and politicians empowered under the Constitution and service rules to act and protect life, liberty and property are effectively penalised and prosecuted when they fail to do so.

One of the major limitations against prosecuting State Actors is the ‘sanction’ provision –section 197 of the Criminal Proecdure Code. There is an anxiety among civil servants and bureaucrats that removing this provision completely could lay them vulnerable to malicious and frivolous complaints. Hence it is proposed that the CRPC be amended and the Sanctioning Authority be shifted to either the District Judge or the State Legal Services Authority.

By:

Dr. Sajan K.George

President

Global council of Indian Christians(GCIC)

About the author

.

 

Leave a comment:


Prevention and Punishment of Sectarian Violence and Rehabilitation of Victims Law, 2010

Bangalore/ New Delhi

Prevention and Punishment of Sectarian Violence and Rehabilitation of Victims Law, 2010 with amendment of Criminal Proecdure Code.Sanctioning Authority shifted to either the District Judge or the State Legal Services Authority. New law with freshly inducted jurisprudence that draws from the Geneva Covention (Convention Against Genocide) and the International Criminal Court (ICC) arose out of the sectarian violence in India

Global Council of Indian Christians(GCIC) now appeal to the Union Government not only passes the Law but passes a Law well conceived to address the issues that arose out of the carnages of 2002 (Gujarat), 1993-1994 (Bombay), 1984 (New Delhi) 1987 (Meerut Maliana) and 1989 (Bhagalpur) ,2007 and 2008 Kandhamal,Orissa. Events in Kandhamal had their impact in Europe and elsewhere.

The justice Somskhar commission ,a commission of inquiry instituted to probe the 2008 church attacks in Karnataka State ,in its interim report, recommended a ban on all communal organisations regardless of their religious affiliations and forfeiture of their assets.The commission headed by Justice B K Somasekhara also indicated that senior police and district administration officers colluded with Sangh Parivar outfits when various churches across Karntaka.

The idea for a new law with freshly inducted jurisprudence that draws from the Geneva Covention (Convention Against Genocide) and the International Criminal Court (ICC) arose out of the sectarian violence in India, in its long term recommendations had recommended the establishment of an independent and permanent National Statutory Crimes Authority to come into force whenever the integrity and secular fabric of the country was threatened.

The UPA I government’s Common Minimum Programme (CMP) in consideration of the recommendations of the NHRC and the CCT vowed to enact such a law. In Two official Draft Bills were thereafter presented over which the cicvil society had consultations and suggested drastic amendments and alterations.

The creation of an independent statutory authority (that could under this law have its powers vested in the National Human Rights Commission) that is empowered to intervene, order forces, investigate and prosecute the crimes when circumstances as outlined under this Law prevail. Definitions of Crimes should be Drawn from the Geneva Convention and the ICC.

The tendency in the official Bills has be to define Crimes as those already listed under the IPC, Arms Act. Explosives Act and so on. . Hence the crimes need to be defined clearly to address pogroms/carnages where groups are singled out, targeted, demonised, subject to boycott, women and children targeted and then subjected to sever violence in all its many dimensions.

Apportion Criminal and Administrative Liability to those Officers and Politicians who fail to perform their duty.
One major lapse in the official Bill (s) has been the failure to cl;early lay out a “Command Structure of Responsibility of State Actors’ to ensure and enable that administrators/policemen and politicians empowered under the Constitution and service rules to act and protect life, liberty and property are effectively penalised and prosecuted when they fail to do so.

One of the major limitations against prosecuting State Actors is the ‘sanction’ provision –section 197 of the Criminal Proecdure Code. There is an anxiety among civil servants and bureaucrats that removing this provision completely could lay them vulnerable to malicious and frivolous complaints. Hence it is proposed that the CRPC be amended and the Sanctioning Authority be shifted to either the District Judge or the State Legal Services Authority.

By:

Dr. Sajan K.George

President

Global council of Indian Christians(GCIC)

About the author

.

 

Leave a comment:


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