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This is an archive article published on June 24, 2011

Internally displaced persons in NAC draft

The term IDP will be used to refer persons and families who are forcibly displaced due to communal and targeted violence in any part of the country.

While refusing to alter the definition of ‘group’ as stated in its draft Communal Violence Bill,the National Advisory Council (NAC) has offered a legal backing to thousands of “internally displaced persons” (IDP) in the country by incorporating the term extensively in the Bill. The term IDP will be used to refer persons and families who are forcibly displaced due to communal and targeted violence in any part of the country.

“No law so far in India categorically talks about these people,who are in such large numbers in each state of the country. We have decided to make use of this term extensively to refer to those people who are displaced due to communal violence,” Farah Naqvi told The Indian Express. Naqvi is the convenor of the working group of the Bill.

The Bill had come under severe attack from the main Opposition party,with BJP leader Arun Jaitley saying that the proposed law makes only members of the “majority community culpable”. The main objection surrounded the term “group”,which,as per the draft Bill proposes to cover “religious or linguistic minority” in any state. It was argued that a member of a majority community in a state does not fall within the purview of the ‘group’,so must be deleted.

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The NAC has refused to modify it. Naqvi said,“The criticism is a deliberate misinterpretation.”

The Bill was also criticised for intruding into the domain of the state. However,that has been taken care of with the NAC deleting Section 20 of the draft Bill,which,critics said,gave “unreasonable” powers to the Centre.

Another significant amendment includes deletion of the phrase in Section 3(c) that says “…destroys the secular fabric of the nation”. “We agreed to delete this phrase from the definition of communal and targeted violence as it was realised that no riot or violence has in 63 years destroyed the secular fabric of the country,” said a member of the working group.

The amended Bill has stuck to new offences,which it had envisaged in the original draft,including sexual assault,enforced disappearances,torture,persecution,enforced migration.

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