Discussion-Meeting on
Mass Crimes Against Women: The Communal Violence Bill
Date & day: 8 August 2008, Friday
Time: 4 p.m. 6 p.m.
Venue: Additional Library Hall,
High Court Buildings, Chennai 600014
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 attacks, 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 a lack of sensitivity to victims' 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. In addition, there had been a historic neglect in making persons accountable for mass crimes against women in contexts of communal violence in India.
The UPA government, in its National Common Minimum Programme issued in May 2004, promised to enact a comprehensive legislation on communal violence. While the country does need a strong law on communal violence, the Bill - named Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill 2005 - drafted by the government, is a dangerous piece of legislation that would strengthen the shield of protection enjoyed by the State, its political leaders and its officials for their acts of omission and commission in these crimes. In particular, the Bill mentions sexual violence in the context of communal attacks in a cursory manner, without any acknowledgment of the fact that sexual violence is increasingly playing a fundamental role as an engine for mobilizing hatred and destruction against religious minorities.
After intensive pressure on the present government through delegations, public meetings, signature campaigns and a successful media campaign that reflected the civil society's lack support for the Bill, the government shelved its version of the Bill and asked for a new draft from members of the civil society who have been active on the issue. A new draft was submitted to the government on 24 January 2008, incorporating important international standards, new concepts and procedures that are absent in Indian law, in order to make accountability of perpetrators of communal violence a reality. The UPA government is determined to pass a law on the issue during its tenure, and hence the Bill is likely to be introduced in the Parliament shortly.
This discussion-meeting, co-organized by Women Lawyers' Association, High Court, Chennai and Women's Research & Action Group, Mumbai, is intended to
· Disseminate information on the present status of this law and the contents of the new draft, with a particular reference to issues of gender-based and sexual violence;
· Build consensus and support among like-minded lawyers, other individuals and groups to extend solidarity to the issue; and
· Discuss and share strategies for advocacy initiatives in future.
The event will be chaired by Adv. Bader Sayeed, (renowned women's rights advocate and activist) and have speakers including Adv. Sheila Jayaprakash (women's rights advocate), Ms. Vahida Nizam (State Secretary of Working Women's Forum, Chennai) and Ms. Saumya Uma (Advocate and Co-Director of Women's Research & Action Group, Mumbai, who has been engaged with the issue for the past four years). Attached please find a schedule of the event. We look forward to your participation at this event. A line of confirmation of participation to iccindiacampaign@gmail.com would be appreciated.
In solidarity,
Mrs. K. Santhakumari Ms. Saumya Uma
Advocate & President, Advocate & Co-Director
Women Lawyers' Association Women's Research & Action Group
High Court, Chennai Mumbai