The delay in the passage of the legislation to prevent communal violence is not unexpected. While some parties see it as an encroachment on the state’s rights, especially because law and order is a state subject, others find it too draconian. This second view followed a realisation even within the UPA government that some of the provisions resembled the Armed Forces Special Powers Act, which has drawn considerable flak in the northeast.
It is also undeniable that a few of the measures are virtually meaningless, such as the one about the Centre issuing directives to the states, which it can do any way by way of advice. It is not clear what the Centre can do if a state ignores such orders. It is possible that the provision will then be used either to score political points or to prepare the ground for imposing President’s rule. However, such speculation will make no sense in the event of both the Centre and the state being on the same side of the political fence, as during the Gujarat riots of 2002.
The powers sought to be given to the Centre to transfer a case of communal violence from one high court to another, which faced stiff opposition in parliament, denote an intrusion into the rights of the judiciary. As is known, it is the Supreme Court which took the initiative in transferring some of the riot cases from Gujarat to Maharashtra. Provisions for increasing the quantum of punishment and the setting up of special courts make better sense. But it is worth remembering that punishment can only be given if the accused are caught, which wasn’t always the case in Gujarat. Similarly, the special courts which tried the riot cases in 2002 were not successful in ensuring that justice was done.
It is evident, therefore, that the bill misses the wood for the trees. Its focus is on inconsequential specifics at the expense of the larger picture, which underlines the political failures, either inadvertent or purposeful, which are responsible for communal outbreaks. No bill can cure this malady. The only way out is to implement the Supreme Court’s three-year-old suggestion for insulating the police from politicians to ensure that they can act in a professional manner without fear or favour. But such a step requires a break from feudal and colonial traditions that still remain ingrained in the Indian political class.
