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August 01, 2011

Mihir Desai on the The Communal and Targeted Violence Bill

The Economic and Political Weekly, VOL 46 No. 31 July 30 - August 05, 2011

The Communal and Targeted Violence Bill

by Mihir Desai

The Indian Penal Code and the various police acts give the executive and the police ample powers to deal with communal violence. Failure to implement these laws is one of the major problems confronting the prevention of communal violence. However, there are a number of connected issues which the present laws are powerless to deal with – like responsibility pertaining to the public servant in control of armed or security forces who fails to exercise control over his/her subordinates, witness protection, reparations, and a regular machinery to pay compensation. The National Advisory Council’s draft anti-communal violence bill takes these shortcomings into account. However, it too suffers from certain lacunae which need to be addressed.

full text at:

http://epw.in/epw/uploads/articles/16355.pdf