Home > Legislation Related > The NAC Communal Violence Bill: Prevention of Communal and Targeted Violence

The NAC Communal Violence Bill: Prevention of Communal and Targeted Violence

The National Advisory Committee has recently come out with a Communal Violence Bill.  The Bill is intended to prevent acts of violence, or incitement to violence directed at people by virtue of their membership to any “group”.  An existing Bill titled the “Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005” pending in the Rajya Sabha (analysis here).  The main features of the NAC Bill are explained below:

The Bill makes illegal acts which result in injury to persons or property, if such acts are directed against persons on the basis of their affiliation to any group, and if such an act destroys the secular fabric of the nation.  Such acts include sexual assault, hate propaganda, torture and organized communal violence.

It makes public servants punishable for failing to discharge their stated duties in an unbiased manner.  In addition, public servants have duties such as the duty to provide protection to victims of communal violence and also have to take steps to prevent the outbreak of communal violence.

The Bill establishes a National Authority for Communal Harmony, Justice, and Reparation to prevent acts of communal violence, incitement to communal violence, containing the spread of communal violence, and monitoring investigations into acts of communal violence.  The Authority can also inquire into and investigate acts of communal violence by itself.  The Bill also provides for the setting up of State Authorities for Communal Harmony, Justice, and Reparation.

The central or state government has been given the authority to intercept any messages or transmissions if it feels that it might lead to communal violence.  This power is subject to existing procedures which have to be complied with for intercepting messages and transmissions.

Importantly, if public officers are liable to be prosecuted for offences under the Bill, and prior sanction is required for such prosecution, the state government has to grant or refuse sanction within 30 days.  If not, then sanction will be deemed to have been granted.

The Bill also allows the states to set up one or more Human Rights Defender of Justice and Reparations’ in every district.  The Human Rights defender will ensure that those affected by communal and targeted violence are able to access their rights under existing laws.

Apart from these, the Bill also establishes state and district-level authorities for assessing compensation for victims of communal violence.  States also have numerous obligations towards victims, such as the establishment of relief camps, ensuring proper facilities, medical provisions and clothing for those within such camps, etc.  The states government also has the obligation to create conditions which allow the return of victims of communal violence to the place of their ordinary residence.

 

  1. Satish
    June 9th, 2011 at 20:50 | #1

    You have obviously not addressed any of the most controversial aspects of the bill. Is this because this is just a primer of more to come or because of a need to be politically correct or because such matters are beyond the mandate of PRS?

    • June 10th, 2011 at 10:31 | #2

      The purpose of the post was to enumerate the main features of the Bill only. In other posts of an analytical nature, PRS does not have an opinion, but tries to inform readers of the relevant issues.

  2. V.Venkatesan
    June 10th, 2011 at 12:47 | #3

    Which section of NAC Bill deals with interception? Can you be specific?

  3. bhupendra pratap singh
    June 26th, 2011 at 06:16 | #5

    http://arindamchaudhuri.blogspot.com/search?updated-max=2011-06-17T06%3A00%3A00%2B05%3A30&max-results=2

    I am afraid we shall be headed yet again towards hellish times if a new policy that is being currently debated manages to become law, thanks to the super secular denizens of India whose intensity and range of noble intentions usually matches the mayhem that the same noble intentions often trigger.

  4. September 23rd, 2014 at 14:45 | #6

    Simply want to say your article is as astonishing.

    The clarity for your post is simply great and that i could think you’re
    an expert on this subject. Well together with your
    permission allow me to grasp your RSSfeed to keep up to date with coming near near post.
    Thank you a million and please continue the rewarding work.

  1. October 24th, 2013 at 00:00 | #1
*