Communal Violence Bill - It's time to push it through now (edit Times of India)

The Times of India, January 11, 2011

Make it work

The communal violence (prevention, control and rehabilitation of victims) Bill has been debated since 2005, and seen formulations and reformulations. It's time to push it through now. The Bill's current version seems to have addressed some of the previous lacunae in addressing sins of omission or commission by a state's political, bureaucratic and security machinery by clearly detailing what constitutes dereliction of duty by government officials and increasing the prison term for anyone found guilty. A national council will be appointed that will act as an ombudsman in case of communal disturbances. There will also be state councils to be notified by the states. They are meant to monitor investigations and prosecution of cases, make sure FIRs are filed, and oversee rehabilitation of victims.

There has been opposition to the Bill, on the ground that it allows the Centre to encroach on the state subject of law and order. But given today's security environment and the necessity for states to coordinate on law and order issues, some of this is inevitable. Besides, such oversight should have a salutary effect in compelling state action to contain communal violence. Having an ombudsman in place, after all, is better than declaring President's rule in a state that allows communal violence to go unchecked. It goes without saying that such a law shouldn't be politically misused by the Centre to harass states where the opposition is in power, as that would defeat its very purpose. But given administrative laxity that's often the cause of communal disturbances getting magnified, and the grave risk to national integration that this poses, it's time for the pendulum to swing in the other direction.