Wed, 24/02/2010 - 7:49am The Communal Violence (Prevention, Control & Rehabilitation of Victims) Bill, 2009

NATIONAL CONSULTATION ON
The Communal Violence (Prevention, Control & Rehabilitation of Victims) Bill, 2009
February 12-13, 2010, New Delhi

The demand for a law on communal violence emerged from a brutal record of recurring violence in our country, the increasing occurrence of gender-based crimes in communal conflagrations, and complete impunity for mass crimes. The reasons are many - lack of political will to prosecute perpetrators, State complicity in communal crimes, lack of impartial investigation, and lack of sensitivity to victim’s experiences. But there is also, crucially, the glaring inadequacy of the law. Today, despite huge strides in international jurisprudence, India continues to lack an adequate domestic legal framework, which would allow survivors of communal violence to seek and to secure justice.

The UPA Government’s Common Minimum Programme in 2004 had promised to give the citizens of this country a ‘comprehensive legislation’ to fill this legal vacuum. We were promised a legislation that would strengthen the hands of the citizens in the struggle against communalism. However, The Communal Violence (Prevention, Control & Rehabilitation of Victims) Bill 2005, introduced in the Rajya Sabha in December 5, 2005, was a complete betrayal of that promise. The 2005 Bill was roundly criticized and rejected by civil society at all levels. Eminent jurists, legal experts, activists who worked with survivors, and all prominent minority groups rejected the Bill and urged the Government to make serious changes in it. The Bill was sent to the Parliamentary Standing Committee on Home Affairs for its review and recommendations. But the Standing Committee report, when it was finally tabled in Parliament in December 2006, suggested no significant changes.

Between 2005 and now, civil society groups have repeatedly engaged with the government at all levels and time and again communicated our serious objections to this Bill. We have written critiques, given alternative formulations, written alternative draft laws, and suggested changes in several specific Chapters and clauses. Civil society groups have met everyone over the last 4 years - from the Chairperson of the UPA, Prime Minister, two successive Home Ministers, officials in the Home Ministry, to members of parliament. And yet the Government appears unwilling to listen.

The UPA government has now introduced an impressive-sounding 59 amendments into the Communal Violence Bill 2009. These have been cleared by Cabinet, and we have been told that the government plans to introduce it in Parliament in the coming session. These 59 amendments have merely tinkered with the Bill. They do not make any structural changes and do not incorporate a single suggestion made by civil society.

This Communal Violence Bill 2009, if passed, will not only be weak, it will be dangerous. It will not only fail to secure justice for communal crimes, but will actually strengthen the shield of protection enjoyed by those who plan and sponsor these crimes. Further, it continues to perpetuate the silence around gender-based sexual crimes.

This Bill is of fundamental importance in addressing the challenges posed to the secular character of our society and in protecting all our citizens. At this National Consultation on the Communal Violence (Prevention, Control & Rehabilitation of Victims) Bill 2009, we the undersigned, once again urge the UPA government to revise the Bill taking on board the following concerns, which have been articulated through wide national consultation:
1. Statement of Objects & Reasons: The objective of the Bill should be to ensure that the State governments and the Central government take measures to provide for the prevention and control of communal violence, which threatens the physical, social, economic, cultural, political and human security of the citizens.

2. Communal violence must be defined as: Any targeted attack committed on the persons and properties of individuals or a group of persons on the basis of their religious identity, which can be inferred directly or from the nature or circumstances of the attack.

3. Scheduled Offences: Situations of communal violence have shown that the range of offences committed is not restricted to the offences enumerated under the IPC and related penal statutes.The Bill must define crimes/ offences, and new rules of procedure and evidence to adequately and appropriately reflect the realities of the crimes experienced by victims and survivors of communal violence.

4. Declaration of Communally Disturbed Areas - The basic scheme of the Bill which envisages the declaration of certain areas as communally disturbed areas, and gives greater powers to the state in these areas, runs entirely counter to the purpose of the proposed law. Chapter II of the Bill must be removed. The state already has sufficient power vested in it by law. However, experience during communal violence is the non-exercise or non-judicious exercise of this power.

5. Sexual violence in situations of communal violence, unlike those in non-communal contexts, is often committed with malicious intent of intimidating, humiliating and degrading the dignity of the victim community using the bodies of women. Inclusion of a wide ranging crimes of sexual violence, in addition to rape, therefore assume great importance in a bill to prevent and punish those responsible for communal violence. We therefore call for the inclusion of sexual crimes into this Bill.

6. Reparations: The Bill must include the concept of reparations as an inviolable, legally enforceable right of the victim-survivor, and according to objective norms and scales that are binding on all governments. The law must specify criteria for identifying who is a victim/survivor and standards which will be applicable to all victims and survivors of communal violence, and not leave it to discretion at the state level.

7. Victim’s Rights – the Bill must recognize comprehensive rights of victims and survivors. They must be provided a right to have information of the proceeding at all stages of the proceedings including copies of FIRs and other legal documents, right to participate and be heard at all stages of the trial, right to legal representation of their choice at state costs and right to appeal in the event the state does not do it on their behalf.

8. Command/ superior responsibility implies that persons in positions of official power (civil or military) or senior/high officials of non-state structures and organizations, by reason of their position, have effective control and knowledge or ought to have knowledge of the acts or omissions of their subordinates that causes the violence. This doctrine must be incorporated into the Bill.

9. Prior sanction: The present Bill requires sanction from the State government in order to even initiate prosecution against any officer for acts of omission or commission. This defeats the purpose of the proposed law and perpetuates impunity. Instead of the requirement of prior sanction, this should be a matter for judicial determination at the commencement of the trial.

New Delhi
February 13, 2010
Endorsements
GCIC

Mon, 25/01/2010 - 7:51am GCIC celebrates the 60th Birthday of Republic India

GCIC celebrates the 60th Birthday of India adopting its own Constitution becoming a Sovereign, Democratic and Republic state.

The Preamble of the Constitution reads as follows:
We, the people of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to secure to all its citizens:
Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship;
Equality of status and of opportunity; and to promote among them all.
Fraternity assuring the dignity of the individual and the unity and integrity of the Nation;

GCIC notes with immense sadness, that in our motherland........not all people are 'treated equally'

Around 20 millions,Dalit Christians are denied constitutional rights, and deprived of equal rights, opportunities.

Our Kandhamal Christians continue to be treated like Second Class Citizens, our people still languish in fear of the communal extremists

India has reached heights in development and economic growth, but it has been skewed and inequitable. We have become a mobocracy, where majoritarianism, money and muscle may soon upturn our apple-cart. The majority of the population has been sitting by the sidelines watching the buildings grow taller and the roads get wider.

GCIC prays to the Sovereign Lord, to Protect and Bless our Country,

May Our People be truly Free, may the Elected Leaders work for the common people, and guarantee them the Fundamental Rights enshrined in the Indian Constitution.

Wed, 25/11/2009 - 10:08pm GCIC commemorate with prayers the First Year Anniversary of the 26/11 Mumbai Terror Attacks

GCIC condemned in strongest possible terms the attacks, began on 26 November 2008 and lasted until 29 November, killing at least 173 people and wounding at least 308.

The Pakistani based terrorists who went on an utterly senseless killing rampage in Mumbai on 26/11, gunning down at least 170.
Religious terrorism must be defeated and those who sow seeds of discord and division among religious communities must be given the harshest punishment.

In Kandhamal, our Christians were butchered by the Sangh Parivar who unleashed a wave of Saffron terrorism on the minority Christian community.

All terrorism is evil and on this anniversary of the Mumbai attacks, GCIC prays that Indian soil is never ever stained with the blood of innocent people

Sat, 14/11/2009 - 8:29am India celebrates Children's day-Millions left behind

As India Celebrates Children’s Day, Millions Are Left Behind
Saturday (14th Nov.)is Children’s Day in India; yet for 25 million Indian children, there is no cause for celebration. Amidst their country’s growing prosperity, these 25 million children live without parents, in orphanages or on the streets where they are vulnerable to abuse, child labor, trafficking, malnutrition and disease.

Saturday is Children’s Day in India; yet for 25 million Indian children, there is no cause for celebration. Amidst their country’s growing prosperity, these 25 million children live without parents, in orphanages or on the streets where they are vulnerable to abuse, child labor, trafficking, malnutrition and disease.

Close to four million more children are joining their ranks each year, and India is home to the world’s largest population of AIDS orphans, at approximately two million. According to UNICEF, one of every three of the world’s malnourished children lives in India, and about 50% of childhood deaths in the country are attributed to malnutrition or starvation. Save The Children found that more than 400,000 children each year die within the first 24 hours of life in India.

While the rest of the world celebrates United Nations Convention on the Rights of the Child (UNCRC) from November 14-21, these children have lost their rights and indeed, even their voices. UNICEF defines a child as "invisible" when he lacks an environment that protects him from violence, abuse and exploitation; goes without basic necessities such as adequate food, health care and schooling; and is neglected by the state.

Sat, 31/10/2009 - 3:59pm Domestic violence a blot on Indian society

She’s been married for nearly three decades and has two grown-up children, but her marriage is not as rosy as it seems on the outside. Bangalore resident Vidya Desai’s husband has been subjecting her to physical torture and mental harassment for 15 years.

Vidya, a 52-year-old living in an upscale locality, is married to a businessman who plays the role of a perfect husband outside home. But behind closed doors, he turns into a brute, who has been beating and abusing Vidya at the slightest excuse.

Vidya is not alone. Stories of trauma and suffering akin to Vidya’s fill up the case study notepad of Vanitha Sahaya Vani, the women’s helpline service that runs a toll free telephone number 1091.

“On an average every month we receive 150 cases. Eighty percent of these cases pertain to domestic violence, which includes verbal and mental abuse, sadistic behaviour, harassment for dowry and, most often, wife-beating,” Rani Shetty, a counsellor with Vanitha Sahaya Vani, told IANS.

In 2008, the helpline received 1,000 cases related to domestic violence. The number was 856 in 2007 and 800 in 2006.

“Till September this year, we’ve received 1,085 cases related to domestic violence. The women who call at our helpline service belong to different strata of society. We try to give them necessary help. Mostly we offer them counselling over phone,” said Ms. Shetty.

“Right from a poor woman to working women from the city’s posh localities, they all approach us for counselling. So we can say domestic violence is not class or caste specific. It’s a reality of our society and not restricted to a particular class or caste,” she added.

The helpline service was founded by Bangalore Police in 1999 to help women in distress.
According to the Protection of Women from Domestic Violence Act 2005, domestic violence of any kind — physical, verbal, sexual or economic — is an offence punishable by law. The law came into force on Oct 26, 2006.

However, experts working in the field of women’s rights say very few have been convicted under the law. According to them, lack of awareness about the law itself is a stumbling block.

“Firstly, there is a lack of awareness about the law. Very few women come out in the open to tell the truth. They fear losing their families and a long-drawn legal battle ahead if they file a police complaint against their husband or in-laws,” Dona Fernandes, member of women’s rights group Vimochana, told IANS.

“India is a male-dominated society and women have been subjected to physical, emotional and mental violence since ages. The mindset of the entire society has to be changed to bring change in society,” added Ms. Fernandes

Sat, 24/10/2009 - 12:47pm Sikh doctor gets Army’s nod to serve with turbanin US army

AP Share · print · T+ The U.S. Army will make an exception to a decades-old rule and allow a Sikh doctor to serve without removing his turban and cutting his hair, an advocacy group said Friday.

Capt. Kamaljeet Singh Kalsi is the first Sikh to be allowed to go on active duty with a turban, beard and unshorn hair in more than 20 years, according to the New York-based Sikh Coalition.

The decision does not overturn an Army policy from the 1980s that regulates the wearing of religious items, Acting Deputy Chief of Staff Maj. Gen. Gina Farrisee wrote in a letter to Capt. Kalsi dated Thursday and posted online by the Sikh Coalition.

Instead, the Army’s decision follows a long-standing practice of deciding such requests on a case-by-case basis, the letter said. Maj. Gen. Farrisee said the Army had weighed Capt. Kalsi’s request against factors such as “unit cohesion, morale, discipline, safety and/or health.”

There’s no indication that the overall policy is being reconsidered, said Army spokeswoman Jill Mueller, adding that she could not confirm that the Army had reached a decision in the case until she received word from her superiors that Capt. Kalsi himself had been notified. The Obama administration has banned bibles

But Sikh Coalition director Amardeep Singh said he was hopeful the Army would announce a full policy shift.

“This bodes well for the future,” he said. “My guess is the Army’s going to be seeing a lot more Sikhs requesting to be a part of the Army. ... This issue is not going away.”

The 32-year-old Capt. Kalsi, of Riverdale, New Jersey, is an emergency room doctor. He promised to serve in the Army in exchange for help paying for his medical training. A second, similar case — that of Capt. Tejdeep Singh Rattan — will be decided after he receives the results of his dental board exams, Mr. Amardeep Singh said.

A number of members of Congress wrote to U.S. Defence Secretary Robert Gates in August asking him to allow the men to serve while wearing the turban, beard and unshorn hair required by their faith.

“We do not believe that any American should have to choose between his religion and service to our country,” the letter said.