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Name
Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill 2013
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Objective
- Impose duties on center and state governments and their officers
- Excercise their power in impartial and non-discriminatory manner.
- To prevent and control Target Violence, including mass violence against religious, linguistic minorities ans SC ans STs.
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Machinery, Institution
- National Authority for Communal Harmony, Justice and Reparation to be constituted by Center.
- To excercize the powers and functions assigned to it by act.
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Benefits
- Prevention: communal violence/offences
- Speedy: Investigation & Justice
- Enhanced: punishment on person involved.
- Relief & Rehab: facilities to victims
- Institutional arrangement: 2&3
- Empowering: Center & State authorities to discharge their duties in assisting victims.
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Key features
- Definition of group hit by communal violence made Community neutral.
- Bill flags dereliction of duty by public servant -> dont remain mute spectators. Jail 2-5 yrs
- Fixed the reponsibility of public servant in breach of command and failure to excercise control over subordinates dirreclt under them.
- Defines Organised communal violence: continuing unlawful activity of a systematic nature having a particular religious and religious identity done by individual, group or association.
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Key features 2
- Competent authority will be designated by state or district magistrate or commissioner of police.
- Jail+fine for hate propaganda, financing
- Life term for organised violence.
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Controversy
- Definition made Community Neutral
- Center to declare an area in state communally disturbed on its own.
- Send central forces in such area w/o state permission.
- Transfer the cases outside state concerned for trail -> protecting witness.
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Role of NHRC and SHRC, its response
- To oversee performance of functionaries related to maintaining of communal harmony
- Chairmanof NHRC: Not suff staff and infra.
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Analysis
Intention not to strike communal violence at its root but to appease minorities on GE eve.
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Suggest steps to curb CV
- Communal political parties or communal social and religious groups need to be banned.
- Print and electronic media more responsible -> healthy national public opinion.
- Festivals and cultural traditions of all religion encouraged w/o discrim so no one feel isolated.
- not discrim in compen & rehab on religion, language etc.
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