Communal & Sectarian Violence Bill, 2010
Key Guiding Principles at a Glance
- Broaden title and applicability of the law to include ‘communal & sectarian violence’
- Shift from empowering the State, to seeking action & accountability of State/public officials
- Basic framework of law must not rest on declaration of “disturbed areas”
- Need for an independent National Authority to ensure effective compliance with the law, without disturbing the federal structure.
- Ensure accountability & criminal liability of public officials for acts of omission & commission, for preventing or controlling communal & sectarian violence, or extending timely and adequate rescue, relief and rehabilitation
- Incorporate the doctrines of Command & Superior responsibility
- Definition of communal & sectarian violence to cover both isolated incidents as well as mass crimes, against people based on religious, caste, linguistic, regional and other identities.
- Need to specifically define and include new crimes/offences including sexual assault, enforced disappearances, torture, long-lasting social & economic boycott, and genocide, among others
- Need to remove prior sanction requirement for Hate Speech (Sec. 153A & 153B - IPC)
- Statutory obligation on government to lay down national standards for the entire spectrum of provisions for victims - including rescue, relief, compensation, rehabilitation, resettlement, restitution, reparation and recognizing the rights of internally displaced persons.
- Implementation according to the norms in point 10 to be a statutory obligation under this law
- Compensation amounts to be specified in terms of national norms under the law, and revised every 3 yrs
- Need for amendments in CrPC and Indian Evidence Act to meet extraordinary circumstance of communal & sectarian violence to protect victims’ rights
- Specific provisions for victim-witness rights to be made under this law