October 20, 2011
Drop the proposed communal and targeted violence (prevention) bill
Dr. Manmohan Singh,
Prime Minister of India,
Dear Prime Minister,
Patriotic Hindus who constitute the overwhelming majority of Indian population, feel that the draft of the Communal and Targeted Violence (Prevention) Bill as unconstitutional. I am writing therefore to you to drop from further consideration, the draft Bill of 2011 authored by Ms. Sonia Gandhi, Chairperson of the National Advisory Council. This Bill violates individual and State rights as well as the principles of equality under the law, separation of powers, innocent- until- proven- guilty principles underlying due process, and democracy.
Communal violence is a tragedy that must indeed be prevented. It mars India’s long history of religious pluralism and respect. No doubt India’s brand of pluralism is a direct extension of the inter-religious respect promoted by its indigenous and majority Hindu traditions and related faiths.
The Bill, while arguably intended to protect against and prevent such violence, unfortunately ignores obvious historical and contemporary realities, and will consequently only serve to further instigate inter-religious and communal tensions as it wrongly singles out a particular community – the Hindu majority for blame.
It is impossible to read the Bill without seeing the blatant politicization of the issue of protecting victims, with a “special focus on disadvantaged groups”:
This Bill even on a quick reading exhibits the following flaws:
The Bill creates two “groups” of citizens. The language used in defining “group” is mischievously, vague. It is unclear as to whether a ‘group’ is a religious minority as determined by national demography or by state demographics –
(a) If the Bill intends to determine groups as religious minorities based on national demographics as seems to be the intention, it leaves unprotected large groups of religious and linguistic minorities, namely, the Hindu minority in the States of Jammu and Kashmir, Nagaland, Mizoram and Meghalaya -
Example : A dozen Hindu women in a small village are mass gang raped by a mob of Muslim men because of the women’s religious identity or ‘membership’ in the Hindu community, the Bill will fail to protect these victims.
(b): If however the Bill intends to determine groups as religious minorities based on State demographics (i.e. non-Sikhs in Punjab), it leaves unprotected religious and linguistic minorities that may constitute a minority in the context of smaller geographically definable regions such as a district, village, section of a city, despite being members of the majority according to State demographics -
Example: Two of the only Christian businesses in a predominantly Hindu village in Mizoram are boycotted by the Hindu villagers. Under the Bill, boycotts on the basis of group membership is a chargeable offence. Christians constitute a majority in Mizoram. If minority status is determined by the State demographics, the Bill fails to protect these victims.
© While linguistic minorities are presumably based on State demographics, the Bill’s language is unclear because it conjoins “religious” and “linguistic” without a logical qualifier.
(d) The way in which the Bill has defined “group” and afforded special protection on the basis fails to address and acknowledge the historical reality of communal and targeted violence perpetrated by minority groups against the majority and minority against another minority.
Example: In 2007, inter-communal violence erupted between Sikhs and followers of Dera Sacha Sauda, a distinct religious institution and followers from Hinduism, Sikhism and Islam. The Akal Takht, “the highest temporal seat of the Sikhs,” called for a “social boycott” of Dera Sacha Sauda members and of their leader, and called for a “closure of all deras” of the Sacha Sauda in the Punjab. The religious majority of Punjab is Sikh. The Bill does not deal effectively with such complex scenarios, especially where both groups can be considered minorities by national demographics or one group has members belonging to the majority, and both engage in offenses under the Bill. This Bill fails to address the complexities of communal relations.
The Bill will lead to uneven application across Indian States and fail to protect minority Buddhist, Sikh and SC/ST populations from communal and targeted violence in the State of Jammu and Kashmir, should the State not consent. Minority Hindus in Kashmir, who have been on the receiving end of communal and targeted violence for several decades and have been ethno-religiously cleansed from the Valley, according to this Bill would not be afforded protection as a member of the National majority, regardless of whether the State of Jammu and Kashmir consents to the Bill.
The Bill, in establishing a National Authority and various State Authorities, grants bodies of unelected citizens the power to interfere, obstruct, and override some of the essential functions of both National and State governments, namely law enforcement and adjudication of the law. The powers of these bodies violate basic principles of separation of powers and rights of States.
The Bill violates the basic common law principle of the right of the accused to confront one’s accuser by empowering the National Authority with duty to protect the identity of informants.
The Bill provides blanket immunity from criminal prosecution to any person who provides a statement before the National Authority, regardless of his/her role in engaging in or orchestrating violence related to the matter under investigation.
The Bill establishes parallel National and State Authorities creating unnecessary bureaucracy, conflicts of interest, as well as confusion, let alone violating basic principles of State autonomy and separation of powers and the rights of States.
The Bill usurps State police powers through broad and sweeping language, such as “through any means in whatsoever manner,” providing unchecked police and/or investigative powers to State Authorities under the Bill.
The Bill violates the basic common law principle of “innocent until proven guilty” by failing to provide an equivalent right for an accused to file a complaint of bias, lack of impartiality, or unfairness with the National or State Authority in general. This chapter does not lay out any procedures to protect the due process rights of the accused, including rights to a fair trial and legal representation, and ensuring investigations are conducted in a fair manner.
The Bill presumes that an offence is communal rather than a purely criminal act, based solely on the fact that the victim was a member of a particular community as defined under this Bill. It allows inferences to be made without imposing any burden of proof or requiring the prosecution to actually prove that the offence is a communal act.
The Bill removes the prosecutional burden to prove that the accused knowingly and intentionally committed an act of communal and targeted violence, and assumes, it was communal based simply on the victim’s membership in a protected group.
The Bill again violates the common law principle of “innocent until proven guilty,” by failing to provide any remedy to an accused in the event the Public Prosecutor shows bias against the interest of the accused.
The Bill provides relief and reparation to victims, whether or not they are minorities, and therefore contradicts other provisions of the Bill if the Bill provides relief to victims of the majority community, it should also provide for prosecution of minorities involved in communal and targeted violence.
The Bill denies legal remedies to any person (s) wrongfully accused prosecuted or convicted under this Bill. The Bill once again implements unnecessarily and sufficiently vague language such as “protection of action taken in good faith” by government, thus providing protection to government officials who may have acted negligently or improperly in accusing prosecuting or convicting a person (s) under the Bill.
I therefore urge the Government to reject this Bill.
The Prevention of Communal and Targeted Violence Bill as it is drafted is to target the Hindu community, and hence a blow to India’s democracy, which is secular because the Hindus of the country want it so. This Bill therefore might ignite a mass upheaval amongst Hindus that would jeopardize secularism and usher in a theocratic Hindu state. The Bill thus is a cure worse than the disease it claims to cure.
( SUBRAMANIAN SWAMY )
( SUBRAMANIAN SWAMY )
PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND REPARATIONS) BILL, 2011 HAS BEEN OPPOSED BY ALL THE STATES RULED BY THE BJP AND ALLIES— GUJARAT, MADHYA PRADESH, CHHATTISGARH, HIMACHAL PRADESH, KARNATAKA, UTTARAKHAND, MAYAWATI-LED UTTAR PRADESH AND WEST BENGAL. BIHAR AND PUNJAB—AS ALSO BY THE BJD-LED ORISSA, AND AIADMK'S JAYALALITHAA'S TAMIL NADU.
This most corrupt, petty, vicious, anti-social, anti-national and anti-Hindu Nazi Dictator from Italy, in close league with an Islamic sniper and terrorist wheeler-dealer called Ahmed Patel wants to throttle the throats of the innocent and peace-loving Hindus of India through her criminal initiative called Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011. The immortal words of Sir.Winston Churchill who mobilised the English language against Hitler and his Nazi tyranny during the dark days and darker nights of II Wold War from 1935 to 1945, are equally applicable to the cruel, wicked and criminal ways of Sonia Gandhi and her politically no less criminal venomous vermin in the National Advisory Council (NAC), nay in my opinion, more truly the NATIONAL ASPHYXIATION COUNCIL. Let us hear the words of Sir.Winston Churchill which was spoken in the British House of Commons: “This gutter-snipe, this vicious monster of all past wrongs and shames, this repository of some of the most virulent hatreds (in this context of Sonia and her grisly gang of chosen and favourite thugs, anti-Hindu hatreds!) that have ever corroded the human breast…..We have to wage war against a monstrous tyranny, never surpassed in the dark and lamentable catalogue of human crime”.
Dr.Subramanian Swamy’s FIR with the Crime Branch of the Delhi Police clearly brings out the only cultural, religious and political objective underlying the Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011 is the savage enslavement of more than 900 million Hindus of India in perpetuity. In order to achieve this criminal objective, this Italian Impostor through her hired lackeys who think that it is an honour and matter of grace to be ever and ever in her bonded labour, have come out with this obnoxious, stinking and Hindu soul-destroying proposed Legislation.
Who are the lackeys of Sonia Gandhi in the National Asphixiation Council (NAC) ? They are
A K Shiva Kumar
M S Swaminathan
Ram Dayal Munda
Jean Dreze is to the Government of Sonia Gandhi what GRIGORI YEFIMOVICHRASPUTIN (1869-1916) was to Czarina Alexandra of Russia in the last days of the CzarNicholas II of Russia (1868-1918) before the Great Russian Revolution in October 1917. It is not for nothing that Karl Marx said that History repeats itself and historians repeat each other. The crimes folluies and tragedies of Czar Nicholas II are being re-enacted by CZARINA SONIA GANDHI with greater gusto with the help of the purse-strings of the Sonia Congress Party, a strictly private estate owned by her and her family. Madame Destiny threw up a Lenin in October 1817 to liberate Russia. Madame destiny has thrown up a hero like Dr.Subramanian Swamy to liberate India from the tyrannical yoke of Czarina Sonia Gandhi today!
I am at a loss of words to adequately describe the base, sordid, mean, petty, squalid and criminal intentions of Sonia Gandhi and her chosen members in the NAC (NATIONAL ASPHYXIATION COUNCIL). Fortunately the biting words of the great American Poet Walt Whitman (1819-1892) are stored up in my private armoury for sudden use and burst fire against this grisly gang of anti-Hindu gangsters taking their hourly instructions from SONIA GANDHI. Let us hear the words of Walt Whitman:
“While the members who composed it [any Democratic Party National Convention prior to the Civil War in 1861] were, seven-eighths of them, the meanest kind of bawling and blowing officeholders, office-seekers, pimps, malignants, conspirators, murderers, fancy-men', custom-house clerks, contractors, kept-editors, spaniels well-trained to carry and fetch, jobbers, infidels, disunionists, terrorists, mail catchers, pushers of slavery, creatures of the President , creatures of would-be Presidents, spies, bribers, compromisers, lobbyers, sponges, ruined sports, expelled gamblers, policy-backers, monte-dealers, duellists, carriers of concealed weapons, deaf men, pimpled men, scarred with vile disease, gaudy outside with gold chains made from the people's money and harlots' money twisted together; crawling, serpentine men, the lousy combinings and born freedom-sellers of the earth.”
Let me conclude this story with a Prayer to be offered by the Hindus of India.
Prayer at Night Everyday
Model within us
or of us
in which we still find some meaning
so that we neither intone nor echo
the false doctrines
of the electronic brains
and their masters and servants in the National Asphyxiation Council (NAC)
Where Sonia injustice becomes greater than we are
where Sonia injustice becomes swifter than we are
where NAC injustice becomes stronger than we are
help us not to tire
Where NAC injustice excels us
in knowledge and resources
where Sonia injustice excels us
in endurance and success
where Sonia injustice becomes so great
that we shrink
at its glance
help us not to despair
When NAC injustice invades us
in our days and nights
in our startled waking and in our dreams
in our hopes and in our curses
not to forget ourselves
Where NAC injustice speaks with the voices
of justice and of power
where NAC injustice speaks with thevoices
of benevolence and of reason
where Sonia injustice speaks with the voices
of moderation and of experience
help us not to become bitter
And if we do despair
help us to see that we are desperate
and if we do become bitter
help us to see that we are becoming bitter
and if we shrink with fear
help us to know that it is fear
despair and bitterness and fear
So that we do not fall
into the error
we have had a new Sonia revelation
and found the great way out
or the way in
and that NAC alone has changed us
or NAC alone can change us!