Sectarian Violence (Prevention and Punishment of) Bill, 2005 1

Sectarian Violence (Prevention and Punishment of) Bill, 2005 1
Sectarian Violence
(Prevention and Punishment of) Bill, 2005
Preamble:
Whereas it is expedient to prevent and punish organized group violence against sections of the community based on religion, caste, sect, race, region, tribe or language and to provide for effective punishment for the above offences, be it enacted by Parliament as follows:
Section 1
1) Short title, extent and commencement: This bill may be called the Sectarian Violence (Prevention
and Punishment of) Bill, 2005.
2) It extends to the whole of India, including the State of Jammu and Kashmir, provided that before it is extended to the State of Jammu and Kashmir it will require a resolution in this behalf by the legislature of that State. It shall also take within its ambit ships, air-craft, road- carriers and every other means of transport carrying Indian Nationals, Nationals of other countries, involved in activities
and offences punishable under this enactment and those who have participated, initiated or aided in acts or omissions prescribed by this Act.
3) It shall come into force from ________________________2005.
Section 2
Definitions:
In this bill, unless the context or the subject indicates otherwise, the following words and expressions
shall be construed as under:
a) Sectarian violence means an act of rioting, assault, causing death or bodily injury, causing loss of property in any manner whatsoever, making imputations and assertions by words, spoken or written, by visible representation or by acts prejudicial to the maintenance of harmony or by any other activity which promotes disharmony, enmity, hatred or ill-will on grounds of religion, caste, place of birth, residence, language, race, tribe or community between different groups of people identifiable on any of the above grounds, such violence being overt or covert and indulged
in singly or in groups,
Sectarian Violence (Prevention and Punishment of) Bill, 2005 2
b) Promoting enmity between different groups by making imputations and assertions prejudicial to National Integration will have the same meaning as that given in Section 153 A and 153 B of Indian Penal Code.
c) Public Servant will have the same meaning as that given in Section 2 (C) of the prevention of Corruption Act, 1988 and includes a minister, a member of Parliament, a member of the State Legislature, a mayor of a Municipal corporation, the President of a Municipality, elected corporators
and Municipal councillors and elected heads of Zilla Panchayats, Block level Panchayats by whatever name known and Gram Panchayats.
d) District Magistrate, Executive Magistrate, Judicial Magistrate, Magistrate, Judges and Commissioner
of Police will have the same meaning as given in Chapter II of the Code of Criminal Procedure, 1973.
e) Collector means the executive head of the district and includes Deputy Commissioner in States where he is so designated.
f) Quartering of police will have the same meaning as given in Section 15 of the Police Act, 1861.
g) Collective fine will have the same meaning as given in Section 10 A of the Protection of Civil Rights Act, 1955.
h) The Delhi Special Police Establishment will, for the purpose of this Bill, be known as the Central
Bureau of Investigations (CBI) for the sake of convenience.
i) Detention order will have the same meaning as given in Section 2 B of the National Security Act, 1980.
j) Authority means the Central Government, State Government, government or any person designated
as authority under this Bill.
k) Media means the print media, including the press, pamphlets, posters or any other material which can be distributed or broadcast, the audio media, including radio, and audiovisual media, including television, films, audiovisual presentations, etc.,
l) The words and expressions not herein defined will have the same meaning as contained in the code of Criminal Procedure, 1973, the Indian Penal Code, 1860 and the General Clauses Act.
Section 3
Acts prejudicial to national integration, communal harmony and aimed at promoting ill-will and enmity between groups and communities on account of religion, caste, place of birth or residence, race, language, tribe.
Whoever within the territory of India,
Sectarian Violence (Prevention and Punishment of) Bill, 2005 3
a) Preaches, propagates or broadcasts by word of mouth, in writing, by visual representation, any matter which tends to incite hatred or ill-will against any group or individual belonging to that group on account of religion, race, place of birth, residence, language, caste, tribe or community.
b) Preaches, propagates or promotes violence, including bodily harm and damage to property against any group.
c) Aids or abets the physical, social or economic harm to any person or persons on the grounds of their affiliation to any such group.
d) Encourages the social or economic boycott of any group.
e) Preaches or propagates the removal of a person or persons belonging to a particular group from his or their area of normal residence,
Shall, on conviction, be liable to rigorous imprisonment for three years and a fine of Rupees 10,000/-on the first offence,
Provided that on a subsequent offence of the same nature the person so convicted will be liable to a sentence of rigorous imprisonment which may amount to seven years and will not be less than five years, with a fine upto Rupees 1,00,000/-.
Section 4
Offence by Public Servant: A Public Servant whose duty it is to prevent the commission of offences,
to disperse an unlawful assembly, to investigate crimes and bring offenders to book and to generally maintain public order will, on his failure to take necessary legal steps in this behalf, be liable on conviction to rigorous imprisonment of not less than three years and upto five years, together
with a fine of upto Rupees 1,00,000/-. Thus, a public servant committing any of the offences as mentioned above shall be liable to the highest penalty irrespective of whether he be a first time offender or otherwise.
Section 5
Public Servant aiding and abetting sectarian violence: A Public Servant who aids and abets sectarian
violence will, on conviction, be liable to rigorous imprisonment upto 10 years and not less than five years, together with a fine of upto Rupees 2,00,000/-.
In so far as it be practicable, the registration, the investigation and the trial of offences falling under this Act shall be in accordance with the provisions of the Criminal Procedure Code, 1973.
All offences punishable under this Act shall be cognisable and non-bailable.
Sectarian Violence (Prevention and Punishment of) Bill, 2005 4
Section 6
Misreporting by media aimed at or resulting in Sectarian violence: Any organ of the media which, through misreporting, exaggeration, or mischievous broadcasting of distorted facts, or otherwise IS guilty of spreading rumours or creating an environment which promotes enmity between classes and the communities will, on conviction, be liable to rigorous imprisonment which may range from three to five years and a fine of upto Rupees 1,00,000/-.
Provided that the trial court may suspend or cancel the press registration, license, etc., of the offending
organ of the media on conviction for reasons to be recorded in writing,
Provided further that the liability of the media will rest in the person reporting or broadcasting, the editor by whatever name known, the head of the offending media organ and the proprietor of the media organ.
Section 7
Quartering of additional Police:
a) The State Government may by proclamation to be notified in the official gazette declare that an area subjected to sectarian violence is disturbed or is in a dangerous state and that the conduct of the inhabitants or such area or a class or section of the inhabitants calls for increase in the number of police.
b) On such notification action may be taken by the Inspector General (Director General) of Police or any other officer authorized by the State Government in this behalf, to the deployment of additional
police force and its quartering in the specified area.
c) The cost of such additional force will be borne by the inhabitants of the area,
d) The District Collector, after due enquiry, will make necessary order for the apportioning of cost amongst the inhabitants.
The provisions of Section 15 of the Police Act, 1861, will apply Mutatis Mutandis to the quartering
of additional police force under this bill.
Section 8
Collective Fine
a) If on enquiry or otherwise the State Government is satisfied that the inhabitants of an area to be duly identified by investigation have aided or abetted the commission of offences under this bill, it may impose a collective fine on such inhabitants, the said fine being apportioned by the District
Collector amongst the inhabitants after due enquiry.
Sectarian Violence (Prevention and Punishment of) Bill, 2005 5
b) The provisions of Section 10 A of the Protection of Civil Rights Act, 1955, will apply Mutatis Mutandis to collective fine imposed under this Bill.
Section 9
Detention:
a) If the State Government is satisfied that a person, persons, or group acts in a manner which is likely to affect peace and tranquillity and promote sectarian violence it may make an order directing
that such person shall be detained.
Provided that taking into account the situation prevailing in any area within the local limits of the jurisdiction of a District Magistrate or Commissioner of Police the officer feels that urgent action is necessary he may exercise powers of detention and make an order in this behalf for a period not exceeding three months. The said order will be reported to the State Government, which may then confirm it or suitably modify.
b) The provisions of the National Security Act, 1980, in relation to detention will apply Mutatis Mutandis to an order of detention made under this Bill.
Section 10
Investigation by an agency other than the State Police:
a) A court trying an offence under this Bill may, if it is satisfied that the investigation of the case has not been done in a proper, unbiased and professional manner, may direct that investigation will be entrusted to any other investigating agency, including the Delhi Special Police Establishment.
(CBI). Notwithstanding anything contained in the Delhi Special Police Establishment Act, the investigating agency so entrusted will have all the powers of investigation enjoyed by a station
officer of police under Chapter XII of the code of Criminal Procedure, 1973.
Section 11
Special Courts: The High court, on the request of the State Government, will constitute Special Courts of Magistrates and sessions to try cases under this Bill. These courts will be dedicated to trial of offences under this Bill, will conduct trials on a day-to-day basis so as to obviate delay and generally take all measures to ensure expeditious conclusion of the case.
Sectarian Violence (Prevention and Punishment of) Bill, 2005 6
Section 12
Conferring of the powers of Judicial Magistrate: In the same manner as provided by Section 21 of the Bonded Labour System (Abolition) Act, 1976, the State Government may confer on an Executive
Magistrate the powers of a Judicial Magistrate of the first class for trail of any case under this Bill.
Provided that such powers will not be conferred on a commissioner of Police or any Police Officer enjoying Executive Magisterial powers.
Section 13
Enhancement powers of Magistrate: Notwithstanding anything contained in Section 29 code of Criminal Procedure, the court of a Magistrate, Judicial or Executive, trying an offence under this Bill may pass any sentence authorized by law subject to the sentence of rigorous imprisonment not exceeding Rupees 1,00,000/-.
Section 14
Directions by the Central Government:
a) The Central Government may issue suitable directions regarding the enforcement of the law and all the authorities concerned will be duty bound to carry out such directions. In this behalf the Central Government may ask for returns and reports from the State Governments.
b) The authority shall also submit to the Central Government a list of the names and addresses of individuals and organisations or parts of such organisations promoting disharmony amongst such groups.
c) Measures taken or suggestions made in this regard for being taken to control reduce and eradicate
such disharmony.
Section16:
a) After every act of Sectarian Violence, as defined in this Act, irrespective of the number of those killed, wounded or maimed and the value of the property destroyed, the Central Government shall appoint a commissioner to ascertain the perpetrators of the violence and destruction of the property, whether it be an individual, group of individuals or organisations, if the State Government
has not done so.
b) The Commissioner to be appointed whether by the State Government or the Central Government shall be a retired judge of the Supreme Court of India or the High Court of any of the States.
Sectarian Violence (Prevention and Punishment of) Bill, 2005 7
c) The Commissioner to be appointed shall be so appointed in consultation with the Chief Justice of India, the Chief Justice of the State where the Act of Sectarian violence occurred or the second senior most judge of the Supreme Court of India.
d) The Commissioner shall have all the powers of the civil court to issue summons to the witnesses, record evidence on oath or solemn affirmation, take affidavits in lieu of evidence and call upon any person to produce documents in his custody.
e) The report to be submitted by the Commissioner shall be submitted as early as possible and in any case within 12 months of the appointment of the commissioner.
Section 15
Compensation:
a) Where Sectarian violence occurs and there is loss of life, injury to person or loss of property, the High Court may appoint a commissioner and on the basis of his report make a suitable order regarding payment of compensation to the victim and apportion the cost of such compensation amongst the persons liable for payment. This will be in addition to any collective fine, which may be imposed by the State Government under Section-8 of this Bill.
b) The Central Government on the basis of the commissioner’s report shall compensate the bereaved
families, the injured persons and those suffering financial damage as a consequence of the rioting in full. The quantum of compensation shall be on the basis of loss of lives, limbs or property, payable under the Fatal Accidents Act.
c) To penalise the rioters the Central Government shall impose collective fines upon the inhabitants of the area belonging to the non-targeted groups and or the group identified as the offender in the report of the commissioner.
The above provision shall not come in the way of the Central Government giving interim compensation
or making ex-gratia payments immediately after the conclusion of the riot. Such interim
compensation or ex-gratia payment shall not be adjustable against the final compensation payable to the bereaved families the injured, the maimed and those who have suffered damage to their property in the riot.
Section 16
The Central Government shall impose a surcharge on all persons paying income tax, service tax, property tax, or any of them a suitable levy to be known as “Levy to relieve distress”.
Sectarian Violence (Prevention and Punishment of) Bill, 2005 8
Section 17
Disqualification for Public office, including participation in elections: person convicted of an offence
under this bill will be ineligible for any public office under the Central Government, State Government or local Government or in any public or semi-public undertakings or institution. A person so convicted will also be debarred from contesting or canvassing elections at all levels in any representative body, including cooperatives, for a period of 10 years as reckoned from the date of conviction being finally confirmed.
Section 18
Offences to be cognisable and non-bailable: All offences under this Bill will be cognisable and non-bailable.
Section 19
Bill to be supplemental to and not in derogation of other enactments: This Bill will be supplemental to the normal laws of the land and will not derogate or replace them. Offences under the Bill may be jointly tried with offences under other laws for the same act or they may be independently tried by a Special Court. In case of joinder of charges all the cases, whether under other laws or this Bill, will be tried by the Special court constituted under this Bill.
Section 20
Conflict of Interest: In case of conflict of interest between this Bill and other laws, the provision of this Bill will prevail to the extent of such conflict.