The Communal Violence Bill : Countering Right Wing Propaganda
By Siddharthya Swapan Roy
20 November, 2011
Countercurrents.org
Despite the somewhat eclipsed visibility of the proposed PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND REPARATIONS) BILL, 2011, it’s already showing the promise of becoming a turning point in India’s attempts at becoming an inclusive, harmonious and socially just nation. The most visible of sign is the opposition it is getting even in this early stage from the usual suspects - the BJP/RSS led Right. They are trying hard to project the Bill as ‘inherently evil’ hoping to polarise civil opinion against it and scuttle its adoption in the parliament.
Threat to National Unity?
Despite being one of the biggest beneficiaries of overseas funds, the Right has perfected the habit of giving unto themselves the title of being the “only true patriots”. And having done so they embark on carrying out the worst of anti-national excesses with an air of impunity from law and accepted norms of human rights. The drum beating about how this Bill’s a threat to (what they call) national unity has started on similar lines.
Fact is, one doesn’t automatically become ‘patriotic’ by being born into a certain religion with a certain caste. If there’s any way of being ‘truly patriotic’ then its by owing allegiance to the Constitution of India and imbibing its spirit of liberty equality and fraternity. Every time the Right defies the Constitution’s spirit (whether by curbing of liberty through moral policing or negating equality by calling for economic/social boycott of minorities or discouraging fraternity by way of hate speeches), they are the ones being anti-national. In all the 52 pages of the Bill there is nothing that can even remotely be termed to being against liberty-equality-fraternity. So how’s it anti-national? Its claims notwithstanding, the Right is not certifying agency of patriotism in India.
Anti-Majority?
As a corollary of the ‘anti-national’ declaration, the Goebbelisian network of Right propaganda has started milling out rumours about how the Bill is anti-majority. Now the draft summarises the Bill as one which is meant -
To respect, protect and fulfill the right to equality before law and equal protection of law by imposing duties on the Central Government and the State Governments, to exercise their powers in an impartial and non-discriminatory manner to prevent and control targeted violence, including mass violence, against Scheduled Castes, Scheduled Tribes and religious minorities in any State in the Union of India, and linguistic minorities in any State in the Union of India; to thereby uphold secular democracy; to help secure fair and equal access to justice and protection to these vulnerable groups through effective provisions for investigation, prosecution and trial of offences under the Act; to provide for restorative relief and reparation, including rehabilitation and compensation to all persons affected by communal and targeted violence; and for matters connected herewith and incidental thereto.
So the Right’s claim is tantamount to saying the Majority (Open category Hindus) go around being partial and discriminatory, enacting acts of targeted or mass violence against the caste, religious, linguistic and other minorities of India thereby sabotaging India’ secular democracy. And in the aftermath of having done all of the above take all steps to prevent justice and relief to the affected people!
Its a relief to note that like many other claims of the Right, their claim of representing the majority of India is also a lie and the majority of India has time and again proven its allegiance to seculraism.
The Bill is for Muslims?
The Right has attempted to project the Bill as one drafted solely for the protection of Muslims in India and is an outcome of the Gujarat riots. Firstly, protecting the lives and dignity of 138 million of our countrymen is reason enough to have a law and the Gujarat riots are in fact a harsh wake up call to about how democratic systems can go very wrong when hijacked by bigots. But that’s not what this Bill is about. Hatred for the numerically less dis-empowered and the desire to bully them is an idea which can metamorphose into various manifestations and cross geographical borders and timelines with ease. The Dalits burnt in Jhajjar and the migrant workers thrashed in Mumbai may, at peaceful times, look different. But as victims of the vile mentality that being the majority amounts to having a licence to violate minorities, they hardly have any difference. Terming the Bill as something for the Muslims is nothing but the age old technique of divide and rule - a design to target one minority at a time.
This and similar other lines of talk has been the mainstay of the Right’s opposition to the Bill.
Sadly the Congress led UPA’s miserable performance in all sectors from economy to security coupled with the unprecedented corruption, lends itself to the shrill rhetoric of the Right diminishing the space for reason and civil debate. Bathed in the values of neo-liberalism the media adds to the woes by dishing out dinner time entertainment throwing up bogus and extreme debates like either “corrupt or communal’ leaving no real alternatives.
Under such adverse circumstances countering the Right will involve a multi faceted approach.
Public Discussion and Debate
The Bill must avoid the very serious pitfall of “leave it to the experts”. The emergence of messiahs who’ll rid India of all evils may appear attractive in the short term, but is in general antithetical to the spirit of India’s multi-cultural democracy and specifically to a Bill which seeks to promote inclusiveness. Its a bill which portends an important social legislation, hence its only right that it be discussed openly in society in participative ways. Given the fact that riots etc tend to be complex phenomenon with many actors and layers, public participation will enrich and nuance the Bill and empowered it to tackle real life situations. Also public discussion will help dispel myths about it and let people know how it can help make their lives better. The bluff of fear mongers can be effectively called when we discuss concretely what the Bill contains as opposed to being fed interpretations of it.
Its common knowledge that personal beliefs and affiliations of judges, law enforcement officers and other key individuals can alter the fate of historic cases. So without adequate sensitisation, any legislation, however legally sound, is bound to fail. Public debate aided by sustained activism is the only way to achieve this.
Also genuine doubts and grey areas of the Bill (for eg Central intervention in riot affected states and its potential misuse) can be effectively addressed through participative debates.
Taking Lessons from Comparative Study
Similar laws need to be examined and studies need to be done about how similar anti-atrocity anti-discrimination laws work - both in India and elsewhere.
A very important step in this regards is taking stock of the performance of the SC/ST (Prevention of Atrocities) Act, 1989. Both the Bill and the mentioned law have a lot in common in terms of the issue they seek to address - exploitation and harassment of minority by majority. The law faced (and faces) similar criticism from the usual suspects - ‘anti-majority’ ‘will be misused by the minority’ etc. As laws they’ll have to fight against similar, often deep rooted, social prejudices that permeate Indian legislative, executive, judiciary and media. The efficacy of the SC/ST Act and its mechanisms (fast track courts, special judges etc which is common to both) needs to be revisited and lessons learnt.
United Effort
From Birmingham Jail in the April of 1963 Martin Luther King Jr wrote to his comrades about how he “...cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere” - prophetic words for any struggle for emancipation.
Its but obvious that the silence of one group when the rights of another is trampled, will only embolden the oppressor to turn to another group after it is done with the first. Those at the receiving end of discrimination, whether caste, religious, linguistic, ethnic, sexual or economic, must come together as one to buttress this bill as another step towards a just India.
Besides social justice, struggles for economic justice (workers rights, land rights and so on) are equally important.
Firstly, history stands witness that in times of economic crises, the Right quickly concludes that the fault lies with a specific identity and justifying their vile acts that follow - Jews were blamed for robbing the Germans of their ‘rightful’ wealth, North Indians are blamed for Mumbai’s civic mess and Blacks were blamed for the London’s looting.
Secondly economic oppression forms a very big part of communal and targeted atrocities. While physical violence may last for a short time, ranging from a few hours to a few days, economic torture can last for years together either preceding following or even acting independently of physical violence. Economic boycott, forcible occupation of farmlands, forcible closure or damage to shops, cartelisation by one community depriving other communities of adequate remuneration in a trade and other modes of attacks on livelihood are rampantly used against minorities. Therefore economic empowerment of the minorities is a strong deterrent to the oppressors as it 1)gives monetary strength to the minorities to withstand boycott to an extent 2)acts as a disincentive for others who may be engaged in trade with the minority.
So if this Bill is to see the light of day, activists must ally their forces with those seeking food security, minimum wages, labour and farmer rights and so on.
Increased Democratic Participation
The hands of peace and democracy needs to be strengthened by shunning groups that practice or promote violent ways. Recalling Modi’s rendition of Newton’s third law in the aftermath of Godhra, we should note how every act of violence is cunningly used as a justification of more violence and polarising even the well intentioned and robbing the movement of crucial public support.
All pro-harmony people must agree to pressurising their leaders, elected representatives, government officials etc to take clear stands on the issue of minority rights. The media too needs to be told in no uncertain terms that it has to give up its growing penchant for shrill, rhetorical and polarising debates.
Conclusion
Their Prime Ministerial ambitions running high, the Right may well be looking to rake up communal tensions so their reaction must be treated as a warning sign by right thinking citizens, politicians and intellectuals alike. Given the violent and repressive history of Hindutva politics, its necessary that those at the receiving end of the violence come together and ensure safe passage for the Bill. While our lands have seen much more bloodshed than desirable in the name of identity, it is a historic truth that our diverse peoples have spent far more time time living together in peace. A tradition worth fighting for.
Siddharthya Swapan Roy is a political activist and freelance writer. He's reachable at [email protected]
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