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Communal Violence Bill is ill conceived and poorly drafted: Narendra Modi

Published By : Admin | December 5, 2013 | 08:10 IST
"Narendra Modi writes letter to the Prime Minister, strongly opposes Communal Violence Bill"
"Communal Violence Bill is ill conceived and poorly drafted: Narendra Modi"
"Communal Violence Bill an attempt to encroach on the authority of the state governments: Narendra Modi"
"Need wider consultation among various stakeholders: Narendra Modi in letter to the PM"
"Narendra Modi questions timing in bringing the Communal Violence Bill"

The Chief Minister of Gujarat Shri Narendra Modi has expressed his strong opposition to the proposed Prevention of Communal Violence (Access to Justice and Reparations) Bill, 2013. In a letter to the Honourable Prime Minister of India, Dr. Manmohan Singh, Shri Modi described the bill as being ill-conceived and poorly drafted and a recipe for disaster. He described the bill as an attempt to encroach upon the authorities of the state governments and sought wider consultation among the various stakeholders such as the state governments, political parties, police and security agencies etc. before any further movement on the issue.

Shri Narendra Modi said that as a Chief Minister of a Government that is sensitive to the issue of communal violence and a state that has been riot free for over a decade now, he agrees that there is a need to be vigilant on communal violence but the contents and timing of the bill are suspicious. He questioned the hurry of the Centre to introduce the bill in the Parliament, saying that such an attempt before the Lok Sabha elections is suspicious and is driven by votebank politics rather than genuine concern for preventing communal violence.

In his letter to the Prime Minister, the Gujarat Chief Minister brought out the various operational issues in the proposed Prevention of Communal Violence (Access to Justice and Reparations) Bill, 2013. He shared various shortcomings in the individual sections of the proposed Bill.

For example, the Section 3(f) that defines “hostile environment” is wide ranging, vague and open to misuse. Likewise, the definition of communal violence under Section 3 (d) read with Section 4 would raise questions on whether the Centre is introducing the concept of “thought crime” in the context of the Indian criminal jurisprudence. Shri Modi added in his letter that these provisions have also not been examined from the view of the Evidence Act.

Strongly opposing the move to make public servants, police and security agencies criminally liable, Shri Modi has warned that such a move can adversely impact the morale of our law and order enforcement agencies. It may also make them vulnerable to political victimization.

On Section 10B (breach of command responsibility) that penalizes a public servant for the failure of his subordinates, Shri Modi wrote that this provision is absurd as it tries to deal with incompetence by trying to criminalize it. Saying that such issues need structural responses he criticized the tendency to find legislative solutions to all problems.

He also criticized the proviso to Section 10B and warned that it would imply that senior officials would shy away from intervening due to the fear of criminal liability and leave the junior officials to fend for themselves on the field.

He expressed his strong concern that the proposed legislation would further divide Indian society on religious and linguistic lines, saying that religious and linguistic identities would become more reinforced and even ordinary incidents of violence would be given a communal colour thus giving the opposite result of what the Bill intends to achieve.

Shri Modi has been extremely critical of the manner in which the Centre in bringing the communal violence bill has showed no consideration for the nation’s federal structure. He wrote that the Centre’s attempt to legislate on issues of “law and order” and “public order” that are a part of List II (State List) of the Seventh Schedule show the Centre’s contempt for the federal structure of the nation and the principle of separation of powers. He wanted to know why is the Centre slow on legislating on issues that are part of the Union List (List 1) that has 97 entries but instead has been keen to encroach upon issues in the state list. Shri Modi asked if this is an attempt by the Centre to blame the state governments for “improper implementation” after saddling them with poorly drafted and ill-conceived legislations that do not give the desired results and ends up worsening the problem.

The Gujarat Chief Minister categorically maintained that this is an issue under the State List and that if it is something that would have to be implemented by the State Government then it should be legislated by the State Government. He added that if there is something the Centre wishes to share it is free to prepare a “Model Bill” and circulate it among the various State Governments for their consideration.

Shri Modi recalled the Chief Ministers’ Conference on Internal Security where he had raised, among other things how certain individuals having links with anti-national elements have penetrated into bodies such as the Planning Commission, National Advisory Council etc. and that these are the same individuals who may have drafted this new bill on Communal Violence. He also expressed his concern that the law making powers of an elected government may have been usurped by extra-constitutional authorities like the NAC.

On the proposal to bring the NHRC and the SHRC into the process of exercising powers that are vested in the executive wing of an elected government, Shri Modi felt that these bodies are already empowered under the existing statute to deal with serious human rights violations during incidents of communal violence. He went on to state that burdening these bodies with redressal of all issues, handling of appeals and monitoring individual incidents is neither practical nor desirable. Shri Modi penned down his firm belief that in a democracy it is the elected government that must be the focal point of all responsibility and accountability and that to shake this basic structure would be ill-advised. Thus, the role of the NHRC and the SHRC should pertain to their present roles under the existing laws, Shri Modi wrote to the Prime Minister.

While welcoming the establishment of a Communal Violence Reparation Fund, Shri Modi termed the use of the word compensation as arguable, saying that government should leave the issues of compensation to the competent courts and should instead provide ex-gratia relief/assistance to provide immediate relief and succor to the victims. He opined the introduction of compensation for “moral injury” under the Bill as strange and one that does not take into account implementability.

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Joint Statement: Official visit of Shri Narendra Modi, Prime Minister of India to Kuwait (December 21-22, 2024)
December 22, 2024

At the invitation of His Highness the Amir of the State of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, Prime Minister of India His Excellency Shri Narendra Modi paid an official visit to Kuwait on 21-22 December 2024. This was his first visit to Kuwait. Prime Minister Shri Narendra Modi attended the opening ceremony of the 26th Arabian Gulf Cup in Kuwait on 21 December 2024 as the ‘Guest of Honour’ of His Highness the Amir Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah.

His Highness the Amir of the State of Kuwait Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah and His Highness Sheikh Sabah Al-Khaled Al-Sabah Al-Hamad Al-Mubarak Al-Sabah, Crown Prince of the State of Kuwait received Prime Minister Shri Narendra Modi at Bayan Palace on 22 December 2024 and was accorded a ceremonial welcome. Prime Minister Shri Narendra Modi expressed his deep appreciation to His Highness the Amir of the State of Kuwait Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah for conferring on him the highest award of the State of Kuwait ‘The Order of Mubarak Al Kabeer’. The leaders exchanged views on bilateral, global, regional and multilateral issues of mutual interest.

Given the traditional, close and friendly bilateral relations and desire to deepen cooperation in all fields, the two leaders agreed to elevate the relations between India and Kuwait to a ‘Strategic Partnership’. The leaders stressed that it is in line with the common interests of the two countries and for the mutual benefit of the two peoples. Establishment of a strategic partnership between both countries will further broad-base and deepen our long-standing historical ties.

Prime Minister Shri Narendra Modi held bilateral talks with His Highness Sheikh Ahmad Abdullah Al-Ahmad Al-Jaber Al-Mubarak Al-Sabah, Prime Minister of the State of Kuwait. In light of the newly established strategic partnership, the two sides reaffirmed their commitment to further strengthen bilateral relations through comprehensive and structured cooperation in key areas, including political, trade, investment, defence, security, energy, culture, education, technology and people-to-people ties.

The two sides recalled the centuries-old historical ties rooted in shared history and cultural affinities. They noted with satisfaction the regular interactions at various levels which have helped in generating and sustaining the momentum in the multifaceted bilateral cooperation. Both sides emphasized on sustaining the recent momentum in high-level exchanges through regular bilateral exchanges at Ministerial and senior-official levels.

The two sides welcomed the recent establishment of a Joint Commission on Cooperation (JCC) between India and Kuwait. The JCC will be an institutional mechanism to review and monitor the entire spectrum of the bilateral relations between the two countries and will be headed by the Foreign Ministers of both countries. To further expand our bilateral cooperation across various fields, new Joint Working Groups (JWGs) have been set up in areas of trade, investments, education and skill development, science and technology, security and counter-terrorism, agriculture, and culture, in addition to the existing JWGs on Health, Manpower and Hydrocarbons. Both sides emphasized on convening the meetings of the JCC and the JWGs under it at an early date.

Both sides noted that trade has been an enduring link between the two countries and emphasized on the potential for further growth and diversification in bilateral trade. They also emphasized on the need for promoting exchange of business delegations and strengthening institutional linkages.

Recognizing that the Indian economy is one of the fastest growing emerging major economies and acknowledging Kuwait’s significant investment capacity, both sides discussed various avenues for investments in India. The Kuwaiti side welcomed steps taken by India in making a conducive environment for foreign direct investments and foreign institutional investments, and expressed interest to explore investment opportunities in different sectors, including technology, tourism, healthcare, food-security, logistics and others. They recognized the need for closer and greater engagement between investment authorities in Kuwait with Indian institutions, companies and funds. They encouraged companies of both countries to invest and participate in infrastructure projects. They also directed the concerned authorities of both countries to fast-track and complete the ongoing negotiations on the Bilateral Investment Treaty.

Both sides discussed ways to enhance their bilateral partnership in the energy sector. While expressing satisfaction at the bilateral energy trade, they agreed that potential exists to further enhance it. They discussed avenues to transform the cooperation from a buyer-seller relationship to a comprehensive partnership with greater collaboration in upstream and downstream sectors. Both sides expressed keenness to support companies of the two countries to increase cooperation in the fields of exploration and production of oil and gas, refining, engineering services, petrochemical industries, new and renewable energy. Both sides also agreed to discuss participation by Kuwait in India's Strategic Petroleum Reserve Programme.

Both sides agreed that defence is an important component of the strategic partnership between India and Kuwait. The two sides welcomed the signing of the MoU in the field of Defence that will provide the required framework to further strengthen bilateral defence ties, including through joint military exercises, training of defence personnel, coastal defence, maritime safety, joint development and production of defence equipment.

The two sides unequivocally condemned terrorism in all its forms and manifestations, including cross-border terrorism and called for disrupting of terrorism financing networks and safe havens, and dismantling of terror infrastructure. Expressing appreciation of their ongoing bilateral cooperation in the area of security, both sides agreed to enhance cooperation in counter-terrorism operations, information and intelligence sharing, developing and exchanging experiences, best practices and technologies, capacity building and to strengthen cooperation in law enforcement, anti-money laundering, drug-trafficking and other transnational crimes. The two sides discussed ways and means to promote cooperation in cybersecurity, including prevention of use of cyberspace for terrorism, radicalisation and for disturbing social harmony. The Indian side praised the results of the fourth high-level conference on "Enhancing International Cooperation in Combating Terrorism and Building Resilient Mechanisms for Border Security - The Kuwait Phase of the Dushanbe Process," which was hosted by the State of Kuwait on November 4-5, 2024.

Both sides acknowledged health cooperation as one of the important pillars of bilateral ties and expressed their commitment to further strengthen collaboration in this important sector. Both sides appreciated the bilateral cooperation during the COVID- 19 pandemic. They discussed the possibility of setting up of Indian pharmaceutical manufacturing plants in Kuwait. They also expressed their intent to strengthen cooperation in the field of medical products regulation in the ongoing discussions on an MoU between the drug regulatory authorities.

The two sides expressed interest in pursuing deeper collaboration in the area of technology including emerging technologies, semiconductors and artificial intelligence. They discussed avenues to explore B2B cooperation, furthering e-Governance, and sharing best practices for facilitating industries/companies of both countries in the policies and regulation in the electronics and IT sector.

The Kuwaiti side also expressed interest in cooperation with India to ensure its food-security. Both sides discussed various avenues for collaboration including investments by Kuwaiti companies in food parks in India.

The Indian side welcomed Kuwait’s decision to become a member of the International Solar Alliance (ISA), marking a significant step towards collaboration in developing and deploying low-carbon growth trajectories and fostering sustainable energy solutions. Both sides agreed to work closely towards increasing the deployment of solar energy across the globe within ISA.

Both sides noted the recent meetings between the civil aviation authorities of both countries. The two sides discussed the increase of bilateral flight seat capacities and associated issues. They agreed to continue discussions in order to reach a mutually acceptable solution at an early date.

Appreciating the renewal of the Cultural Exchange Programme (CEP) for 2025-2029, which will facilitate greater cultural exchanges in arts, music, and literature festivals, the two sides reaffirmed their commitment on further enhancing people to people contacts and strengthening the cultural cooperation.

Both sides expressed satisfaction at the signing of the Executive Program on Cooperation in the Field of Sports for 2025-2028. which will strengthen cooperation in the area of sports including mutual exchange and visits of sportsmen, organising workshops, seminars and conferences, exchange of sports publications between both nations.

Both sides highlighted that education is an important area of cooperation including strengthening institutional linkages and exchanges between higher educational institutions of both countries. Both sides also expressed interest in collaborating on Educational Technology, exploring opportunities for online learning platforms and digital libraries to modernize educational infrastructure.

As part of the activities under the MoU between Sheikh Saud Al Nasser Al Sabah Kuwaiti Diplomatic Institute and the Sushma Swaraj Institute of Foreign Service (SSIFS), both sides welcomed the proposal to organize the Special Course for diplomats and Officers from Kuwait at SSIFS in New Delhi.

Both sides acknowledged that centuries old people-to-people ties represent a fundamental pillar of the historic India-Kuwait relationship. The Kuwaiti leadership expressed deep appreciation for the role and contribution made by the Indian community in Kuwait for the progress and development of their host country, noting that Indian citizens in Kuwait are highly respected for their peaceful and hard-working nature. Prime Minister Shri Narendra Modi conveyed his appreciation to the leadership of Kuwait for ensuring the welfare and well-being of this large and vibrant Indian community in Kuwait.

The two sides stressed upon the depth and importance of long standing and historical cooperation in the field of manpower mobility and human resources. Both sides agreed to hold regular meetings of Consular Dialogue as well as Labour and Manpower Dialogue to address issues related to expatriates, labour mobility and matters of mutual interest.

The two sides appreciated the excellent coordination between both sides in the UN and other multilateral fora. The Indian side welcomed Kuwait’s entry as ‘dialogue partner’ in SCO during India’s Presidency of Shanghai Cooperation Organisation (SCO) in 2023. The Indian side also appreciated Kuwait’s active role in the Asian Cooperation Dialogue (ACD). The Kuwaiti side highlighted the importance of making the necessary efforts to explore the possibility of transforming the ACD into a regional organisation.

Prime Minister Shri Narendra Modi congratulated His Highness the Amir on Kuwait’s assumption of the Presidency of GCC this year and expressed confidence that the growing India-GCC cooperation will be further strengthened under his visionary leadership. Both sides welcomed the outcomes of the inaugural India-GCC Joint Ministerial Meeting for Strategic Dialogue at the level of Foreign Ministers held in Riyadh on 9 September 2024. The Kuwaiti side as the current Chair of GCC assured full support for deepening of the India-GCC cooperation under the recently adopted Joint Action Plan in areas including health, trade, security, agriculture and food security, transportation, energy, culture, amongst others. Both sides also stressed the importance of early conclusion of the India-GCC Free Trade Agreement.

In the context of the UN reforms, both leaders emphasized the importance of an effective multilateral system, centered on a UN reflective of contemporary realities, as a key factor in tackling global challenges. The two sides stressed the need for the UN reforms, including of the Security Council through expansion in both categories of membership, to make it more representative, credible and effective.

The following documents were signed/exchanged during the visit, which will further deepen the multifaceted bilateral relationship as well as open avenues for newer areas of cooperation:● MoU between India and Kuwait on Cooperation in the field of Defence.

● Cultural Exchange Programme between India and Kuwait for the years 2025-2029.

● Executive Programme between India and Kuwait on Cooperation in the field of Sports for 2025-2028 between the Ministry of Youth Affairs and Sports, Government of India and Public Authority for Youth and Sports, Government of the State of Kuwait.

● Kuwait’s membership of International Solar Alliance (ISA).

Prime Minister Shri Narendra Modi thanked His Highness the Amir of the State of Kuwait for the warm hospitality accorded to him and his delegation. The visit reaffirmed the strong bonds of friendship and cooperation between India and Kuwait. The leaders expressed optimism that this renewed partnership would continue to grow, benefiting the people of both countries and contributing to regional and global stability. Prime Minister Shri Narendra Modi also invited His Highness the Amir of the State of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, Crown Prince His Highness Sheikh Sabah Al-Khaled Al-Sabah Al-Hamad Al-Mubarak Al-Sabah, and His Highness Sheikh Ahmad Abdullah Al-Ahmad Al-Jaber Al-Mubarak Al-Sabah, Prime Minister of the State of Kuwait to visit India.