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A seven-member National Authority for Communal Harmony,Justice and Reparation and similar authorities at the state-level with sweeping powers have been proposed by the Sonia Gandhi-led National Advisory Council NAC today in its revised communal violence Bill.
The full NAC will discuss the Bill in its next meeting and pass it on to the Home and Law Ministries for the Centre to take a final view.
As per the 64-page draft,the Bill,now called Prevention of Communal and Targeted Violence Access to Justice and Reparations Bill,2011,shall not just cover victims of communal riots but of sectarian violence,too.
It proposes to cover both isolated incidents as well as mass crime against people based on religious,caste,linguistic,regional and other identities. Also,under its ambit are offences targeted against SC/ST communities.
The Bill is in the public domain to allow public feedback by June 4,2011. No political parties have been consulted so far.
The proposed National Authority,which shall comprise of a chairperson,a vice chairperson and five other members,will have at least four women members and not more than two members will be retired public servants.
Members for this Authority are to be selected by the PM,Leader of the Opposition in the Lok Sabha,the Home Minister and a member each of all recognized national parties,by a simple majority.
In order to insulate members from politics,the draft says they should not be members of any political party for a year before their appointment and they cant contest elections for two years after they finish their term in the authority.
According to the draft,this authority shall be assigned to prevent and control any act or acts of communal and targeted violence including its build-up,incitement or outbreak thereof.
It shall also monitor due investigation,prosecution and trial of offences under this Act in a fair and impartial manner, besides ensuring relief,reparation and restitution in accordance with provisions of this Act in a fair and impartial manner.
It will be authorised to inquire or investigate,suo motu or upon any information or otherwise,received in relation to the occurrence or likely occurrence of any communal or targeted violence.
As per the draft Act,it makes it obligatory on Central and State government besides public servants to respond to advisories or recommendations of the National Authority and submit an Action Taken Report within 30 days. It has also provided that if theres any disagreement with the advisories or the recommendations,the Government has to give reasons in writing within seven days of receiving such recommendation.
The draft has empowered the victims by including provisions like copy of information,even accepting it through mail or fax,to be given to the informant or victim within seven days. The national and state-level authorities will also be required to protect the identity of the victim/informant.
The draft law has suggested compensation amounts: Rs 15 lakh in case of death during riots or violence and Rs 5 lakh for permanent disablement and rape.