Communal Violence Bill is ill conceived and poorly drafted: Narendra Modi

Published By : Admin | December 5, 2013 | 08:10 IST
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"Narendra Modi writes letter to the Prime Minister, strongly opposes Communal Violence Bill"
"Communal Violence Bill is ill conceived and poorly drafted: Narendra Modi"
"Communal Violence Bill an attempt to encroach on the authority of the state governments: Narendra Modi"
"Need wider consultation among various stakeholders: Narendra Modi in letter to the PM"
"Narendra Modi questions timing in bringing the Communal Violence Bill"

The Chief Minister of Gujarat Shri Narendra Modi has expressed his strong opposition to the proposed Prevention of Communal Violence (Access to Justice and Reparations) Bill, 2013. In a letter to the Honourable Prime Minister of India, Dr. Manmohan Singh, Shri Modi described the bill as being ill-conceived and poorly drafted and a recipe for disaster. He described the bill as an attempt to encroach upon the authorities of the state governments and sought wider consultation among the various stakeholders such as the state governments, political parties, police and security agencies etc. before any further movement on the issue.

Shri Narendra Modi said that as a Chief Minister of a Government that is sensitive to the issue of communal violence and a state that has been riot free for over a decade now, he agrees that there is a need to be vigilant on communal violence but the contents and timing of the bill are suspicious. He questioned the hurry of the Centre to introduce the bill in the Parliament, saying that such an attempt before the Lok Sabha elections is suspicious and is driven by votebank politics rather than genuine concern for preventing communal violence.

In his letter to the Prime Minister, the Gujarat Chief Minister brought out the various operational issues in the proposed Prevention of Communal Violence (Access to Justice and Reparations) Bill, 2013. He shared various shortcomings in the individual sections of the proposed Bill.

For example, the Section 3(f) that defines “hostile environment” is wide ranging, vague and open to misuse. Likewise, the definition of communal violence under Section 3 (d) read with Section 4 would raise questions on whether the Centre is introducing the concept of “thought crime” in the context of the Indian criminal jurisprudence. Shri Modi added in his letter that these provisions have also not been examined from the view of the Evidence Act.

Strongly opposing the move to make public servants, police and security agencies criminally liable, Shri Modi has warned that such a move can adversely impact the morale of our law and order enforcement agencies. It may also make them vulnerable to political victimization.

On Section 10B (breach of command responsibility) that penalizes a public servant for the failure of his subordinates, Shri Modi wrote that this provision is absurd as it tries to deal with incompetence by trying to criminalize it. Saying that such issues need structural responses he criticized the tendency to find legislative solutions to all problems.

He also criticized the proviso to Section 10B and warned that it would imply that senior officials would shy away from intervening due to the fear of criminal liability and leave the junior officials to fend for themselves on the field.

He expressed his strong concern that the proposed legislation would further divide Indian society on religious and linguistic lines, saying that religious and linguistic identities would become more reinforced and even ordinary incidents of violence would be given a communal colour thus giving the opposite result of what the Bill intends to achieve.

Shri Modi has been extremely critical of the manner in which the Centre in bringing the communal violence bill has showed no consideration for the nation’s federal structure. He wrote that the Centre’s attempt to legislate on issues of “law and order” and “public order” that are a part of List II (State List) of the Seventh Schedule show the Centre’s contempt for the federal structure of the nation and the principle of separation of powers. He wanted to know why is the Centre slow on legislating on issues that are part of the Union List (List 1) that has 97 entries but instead has been keen to encroach upon issues in the state list. Shri Modi asked if this is an attempt by the Centre to blame the state governments for “improper implementation” after saddling them with poorly drafted and ill-conceived legislations that do not give the desired results and ends up worsening the problem.

The Gujarat Chief Minister categorically maintained that this is an issue under the State List and that if it is something that would have to be implemented by the State Government then it should be legislated by the State Government. He added that if there is something the Centre wishes to share it is free to prepare a “Model Bill” and circulate it among the various State Governments for their consideration.

Shri Modi recalled the Chief Ministers’ Conference on Internal Security where he had raised, among other things how certain individuals having links with anti-national elements have penetrated into bodies such as the Planning Commission, National Advisory Council etc. and that these are the same individuals who may have drafted this new bill on Communal Violence. He also expressed his concern that the law making powers of an elected government may have been usurped by extra-constitutional authorities like the NAC.

On the proposal to bring the NHRC and the SHRC into the process of exercising powers that are vested in the executive wing of an elected government, Shri Modi felt that these bodies are already empowered under the existing statute to deal with serious human rights violations during incidents of communal violence. He went on to state that burdening these bodies with redressal of all issues, handling of appeals and monitoring individual incidents is neither practical nor desirable. Shri Modi penned down his firm belief that in a democracy it is the elected government that must be the focal point of all responsibility and accountability and that to shake this basic structure would be ill-advised. Thus, the role of the NHRC and the SHRC should pertain to their present roles under the existing laws, Shri Modi wrote to the Prime Minister.

While welcoming the establishment of a Communal Violence Reparation Fund, Shri Modi termed the use of the word compensation as arguable, saying that government should leave the issues of compensation to the competent courts and should instead provide ex-gratia relief/assistance to provide immediate relief and succor to the victims. He opined the introduction of compensation for “moral injury” under the Bill as strange and one that does not take into account implementability.

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PM to visit Karnataka on 6th February
February 04, 2023
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PM to inaugurate India Energy Week 2023 in Bengaluru
Moving ahead on the ethanol blending roadmap, PM to launch E20 fuel
PM to flag off Green Mobility Rally to create public awareness for green fuels
PM to launch the uniforms under ‘Unbottled’ initiative of Indian Oil - each uniform to support recycling of around 28 used PET bottles
PM to dedicate the twin-cooktop model of the IndianOil’s Indoor Solar Cooking System - a revolutionary indoor solar cooking solution that works on both solar and auxiliary energy sources simultaneously
In yet another step towards Aatmanirbharta in defence sector, PM to dedicate to the nation the HAL Helicopter Factory in Tumakuru
PM to lay foundation stones of Tumakuru Industrial Township and of two Jal Jeevan Mission projects in Tumakuru

Prime Minister Shri Narendra Modi will visit Karnataka on 6th February, 2023. At around 11:30 AM, Prime Minister will inaugurate India Energy Week 2023 at Bengaluru. Thereafter, at around 3:30 PM, he will dedicate to the nation the HAL helicopter factory at Tumakuru and also lay the foundation stone of various development initiatives.

India Energy Week 2023

Prime Minister will inaugurate the India Energy Week (IEW) 2023 in Bengaluru. Being held from 6th to 8th February, IEW is aimed to showcase India's rising prowess as an energy transition powerhouse. The event will bring together leaders from the traditional and non-traditional energy industry, governments, and academia to discuss the challenges and opportunities that a responsible energy transition presents. It will see the presence of more than 30 Ministers from across the world. Over 30,000 delegates, 1,000 exhibitors and 500 speakers will gather to discuss the challenges and opportunities of India's energy future. During the programme, Prime Minister will participate in a roundtable interaction with global oil & gas CEOs. He will also launch multiple initiatives in the field of green energy.

The ethanol blending programme has been a key focus areas of the government to achieve Aatmanirbharta in the field of energy. Due to the sustained efforts of the government, ethanol production capacity has seen a six times increase since 2013-14. The achievements in the course of last eight years under under Ethanol Blending Programe & Biofuels Programe have not only augmented India’s energy security but have also resulted in a host of other benefits including reduction of 318 Lakh Metric Tonnes of CO2 emissions and foreign exchange savings of around Rs 54,000 crore. As a result, there has been payment of around Rs 81,800 crore towards ethanol supplies during 2014 to 2022 and transfer of more than Rs 49,000 crore to farmers.

In line with the ethanol blending roadmap, Prime Minister will launch E20 fuel at 84 retail outlets of Oil Marketing Companies in 11 States/UTs. E20 is a blend of 20% ethanol with petrol. The government aims to achieve a complete 20% blending of ethanol by 2025, and oil marketing companies are setting up 2G-3G ethanol plants that will facilitate the progress.

Prime Minister will also flag off the Green Mobility Rally. The rally will witness participation of vehicles running on green energy sources and will help create public awareness for the green fuels.

Prime Minister will launch the uniforms under ‘Unbottled’ initiative of Indian Oil. Guided by the vision of the Prime Minister to phase out single-use plastic, IndianOil has adopted uniforms for retail customer attendants and LPG delivery personnel made from recycled polyester (rPET) & cotton. Each set of uniform of IndianOil’s customer attendant shall support recycling of around 28 used PET bottles. IndianOil is taking this initiative further through ‘Unbottled’ - a brand for sustainable garments, launched for merchandise made from recycled polyester. Under this brand, IndianOil targets to meet the requirement of uniforms for the customer attendants of other Oil Marketing Companies, non-combat uniforms for Army, uniforms/ dresses for Institutions & sales to retail customers.

Prime Minister will also dedicate the twin-cooktop model of the IndianOil’s Indoor Solar Cooking System and flag-off its commercial roll-out. IndianOil had earlier developed an innovative and patented Indoor Solar Cooking System with single cooktop. On the basis of feedback received, twin-cooktop Indoor Solar Cooking system has been designed offering more flexibility and ease to the users. It is a revolutionary indoor solar cooking solution that works on both solar and auxiliary energy sources simultaneously, making it a reliable cooking solution for India.

PM in Tumakuru

In yet another step towards Aatmanirbharta in the defence sector, Prime Minister will dedicate to the nation the HAL Helicopter Factory in Tumakuru. Its foundation stone was also laid by the Prime Minister in 2016. It is a dedicated new greenfield helicopter factory which will enhance capacity and ecosystem to build helicopters.

This helicopter factory is Asia’s largest helicopter manufacturing facility and will initially produce the Light Utility Helicopters (LUH). LUH is an indigenously designed and developed 3-ton class, single engine multipurpose utility helicopter with unique feature of high manoeuvrability.

The factory will be expanded to manufacture other helicopters such as Light Combat Helicopter (LCH) and Indian Multirole Helicopter (IMRH) as well as for repair and overhaul of LCH, LUH, Civil ALH and IMRH in the future. The factory also has the potential for exporting the Civil LUHs in future.

This facility will enable India to meet its entire requirement of helicopters indigenously and will attain the distinction of enabling self-reliance in helicopter design, development and manufacture in India.

The factory will have a manufacturing set up of Industry 4.0 standards. Over the next 20 years, HAL is planning to produce more than 1000 helicopters in the class of 3-15 tonnes from Tumakuru. This will result in providing employment for around 6000 people in the region.

Prime Minister will lay the foundation stone of Tumakuru Industrial Township. Under the National Industrial Corridor Development Programme, development of the Industrial Township spread across 8484 acre in three phases in Tumakuru has been taken up as part of Chennai Bengaluru Industrial Corridor.

Prime Minister will lay the foundation stones of two Jal Jeevan Mission projects at Tiptur and Chikkanayakanahalli in Tumakuru. The Tiptur Multi-Village Drinking Water Supply Project will be built at a cost of over Rs 430 crores. The Multi-village water supply scheme to 147 habitations of Chikkanayakanahlli taluk will be built at a cost of around Rs 115 crores. The projects will facilitate provision of clean drinking water for the people of the region.