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Journalism of Courage
The Communal Harmony Bill cleared by the Union Cabinet calls for declaring an area ‘‘communally sensitive’’ before the proposed act comes into play but surprisingly, the Centre is yet to decide who will declare an area ‘‘communally disturbed’’.
The note circulated to the Cabinet, which The Indian Express has accessed, does not specify who will be responsible for declaring an area ‘‘communally sensitive’’. Moreover, the Centre has not been able to decide on the parameters to be followed to declare an area ‘‘communally sensitive’’.
Though initially the Home ministry had sought to empower itself to rush central forces to ‘‘communally sensitive’’ areas and take charge of the situation, these provisions do not figure in the final draft sent to the Cabinet. In its present shape, the act focuses more on ‘‘relief and rehabilitation’’ for victims and ‘‘speedy justice’’. The bill proposes the formation of ‘‘councils’’ at the district, state and the central levels for monitoring relief, rehabilitation and administration of the area as long as it continues to be notified as ‘‘communally sensitive’’.
The act proposes more stringent penal sentence against the guilty and trial by ‘‘special courts’’. It also makes it mandatory for the police to establish centres for recording of First Information Reports (FIR) in the affected localities and also in the relief camps whenever set up.
The very declaration of an area as ‘‘communally sensitive’’, however, is likely to hit a hurdle. If states are granted the power, it would defeat the very purpose of having such a legislation.
