CHENNAI: Coming down on the proposed Prevention of Communal Targeted Violence (Access to Justice and Reparation) Bill, 2011, Chief Minister J Jayalalithaa on Friday contended that many provisions of the Bill were 'subjective' rather than 'objective' giving room for misuse at the behest of those in power at the Centre.In a statement here, Jayalalithaa said though the law seems to be entirely altruistic, the objective of the Bill itself is vague and left to the realms of speculation.Section 3 of the proposed Bill, while defining 'hostile environment against a group', among other things, defines it as an act that may 'deprive or threaten to deprive such person of his or her fundamental rights'. The definition encompassing 'threatening to deprive', and 'having the effect of creating a hostile or offensive environment' are more prone to subjective interpretation. "Any Act should be entirely objective and not give room for subjective interpretations which lead to misuse," Jayalalithaa said.Section 8, while defining 'hate propaganda', goes on to say "whoever disseminates or broadcasts any information, or publishes or displays any advertisement or notice that could reasonably be construed to demonstrate an intention to promote or incite hatred." The term "reasonably be construed to demonstrate" is subjective.Similarly, Section 13, while defining 'dereliction of duty' of a public servant with regard to maintenance of public order, gives room for misuse. Using this, senior public servants can charge their subordinates though the field level officer may not be guilty of such an offence. The danger is doubled by the fact that the National Authority for Communal Harmony, Justice and Reparation can take action suo motu on such 'elastic interpretations'.As per the proposed Bill, the State government does not even have independent powers of appointing Special Public Prosecutors under the Act. The government has to give prior notice and invite from the public comments on, or any objection to, such a proposed appointment.Will Lead to Breakdown of Law, OrderChief Minister J Jayalalithaa pointed out that the proposed
Prevention of Communal and Targeted Violence (Access to Justice and
Reparation) Bill 2011, had sought to actually encourage government
officials and police personnel to indulge in insubordination and mutiny
by not obeying the orders of their superiors, which would only lead to
total chaos and anarchy resulting in the absolute breakdown of law and
order.The AIADMK chief said Section 20 of the Bill was a direct
assault on the autonomy of the States and it was against the very spirit
of the Constitution and the recommendations of various Commissions that
sought greater autonomy for the States. "As this section states
that the occurrence of organised communal and targeted violence will
constitute 'internal disturbance' within the meaning of Article 355 of
the Constitution, this will hang like the Sword of Damocles threatening
the State governments," she said.
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