Good morning, ladies and gentlemen, the topic clearly states that this house will no longer fight

for the king and the country. We interpret this house to be the UPA government and the fight for king and country to be the fight for the majority community. The case statement therefore stands, This house will pass the Prevention of Communal and Targeted Violence bill as proposed by the UPA government. I stand here strongly opposing the motion. Through my following constructive arguments, I will like to highlight the legal disputes, political and social repercussions pertaining to the bill as proposed by the National Advisory Council

Ladies and Gentlemen My first argument in the draft bill is its pre-fixed assumption that the majority community is the perpetrator of communal trouble.

The Bill is constitutionally untenable because it aims at taking away from Hindus the Right to Equality before law, an inviolable fundamental right enshrined in Article 15 of the Constitution. The biggest loophole is the expression group remains narrowly defined in the draft. The draft bill argues that communal trouble is created only by members of the majority community and never by a member of the minority community. Identical offences committed by minority groups against the majority are not deemed offences at all. If this Draft Bill becomes a law, it will become constitutionally accepted that only Hindus cause riots; and that Muslims, Christians and other minorities can never be held responsible for riots. To illustrate, the victims of the violence that followed the Godhra coach burning incident are legitimate victims under this bill, but not those who were burnt alive when the coach was set afire. My second argument is that this bill will intrude into the domain of the state, damage federal polity. o The legislation seeks to give overriding powers to the Centre to the total exclusion of the States in handling instances of communal and targeted violence which vitiates the norms for Centre-State relations The Bill appears to be a new ruse to side-step the judicial constraints imposed on the indiscriminate use of Article 356 of the Constitution against opposition-ruled States by an antagonistic Centre. Section 20of the bill constitutes internal disturbance, within the meaning of Article 355 of the Constitution, and this would always hang like the Sword of Damocles, threatening State governments.

My third argument is that the bill will damage inter-community relations

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The bill sets one community as the perpetual victim and is bound to increase tensions even in cases where a dispute can be easily resolved. Section 3B of the proposed law mischievously seeks to divide Indian citizens into two groups, labeled as majority and minority. Thereafter, it proceeds to prescribe two different kinds of penal provisions for the two groups for dealing with incidents of communal violence.

Ladies and gentlemen my next argument is that his bill seeks to give dictatorial and draconian powers to the National Authority of Communal Harmony. Justice and Rehabilitation. over and above the Indian Penal Code 1860 the Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act 1989 and the Code of Criminal Procedure 1973. o granting extra-constitutional powers to a seven-member super-outfit This super-outfit comprising four members of minority communities has the right to enter properties, carry out searches and even control media content may remind people of the infamous Rowlatt Act. But there is an added twist: this is the first time a statutory and quasi-judicial authority will be appointed on the basis of a communal quota. This certainly goes against the principle of the best man or woman for the post. India will witness a parallel government committed to the principle that some Indians are more equal than others. It will open the floodgates for settling private scores and political vendetta.

To conclude Ill like to point out that the fundamental flaw in this bill is that it attempts to contain the after effects whereas it ignores and unfortunately encourages the root cause of communal violence. Rather than putting off the fire under the pressure cooker to stop the whistle blow, the government is trying to close the pressure vent by loading more weight at its top!!! It can never be a good solution and will only aggravate the final outcome.

Thus it is the duty of everyone who believes in democracy to take every step to throw this Bill out lock, stock, and barrel at the introduction stage itself. With this I rest my case! Thank You!