The main Opposition BJP is of the view that if the proposed Communal Violence Bill 2011, is enacted, it will not only “intrude into the domain of the state,” it will also “damage a federal polity” and create an imbalance in the inter-community relationship of the country. Criticising the draft bill, the party alleged the legislation is “bound to be
misused” as it says that members of the majority community are always at fault during riots.
Noting that the bill appears to be part of an endeavour to prevent and punish communal violence in the country, Leader of Opposition in Rajya Sabha, Arun Jaitley said, “The drafting of this bill appears to be a handiwork of those social entrepreneurs who have learnt from the Gujarat experience of how to fix senior leaders even when they are not liable for an offence.” He alleged the “social entrepreneurs” in National Advisory Council can be expected to draft such a “dangerous and discriminatory law”.
Mr Jaitley said the draft bill presumes that communal trouble is created only by members of the majority community and never by a member of the minority community.
“Identical offences committed by minority groups against the majority are not deemed to be offences. A sexual assault is punishable under this Bill and only if committed against a person belonging to a minority group,” the senior BJP leader said. He said “organised and targeted violence, hate propaganda, financial help to such persons who commit an offence, torture or dereliction of duty by public servants are all offences only if committed against a member of the minority community and not otherwise.”