Date: 05 Jul 2011
In a message dated 05/07/2011 18:38:48 GMT Standard Time, XXXXXXX.net writes:\\\\\\\\\\\ HINDU JAGRAN FORUM (USA) An Urgent Appeal\\\\\\\\ To\\\\\\\ Hindu Leaders, Activists and Concerned Citizens \\\\\\\\ Subject: The Communal Violence Bill proclaims that only Hindus cause riots; a) It provides punishment for Hindus on anonymous minority complaints; and b) This draconian bill must be defeated as it aids rank communalism, attacks fundamental rights of Hindus, boosts Jihadists to dominate & Islamize India and seriously ruptures national unity. \\\\\\\\\\\\\ Aadarniya Hindu Leaders; \\\\\\\\\\ Adarniya Dharma Acharyas; \\\\\\\\\\ Aadarniya BJP Leaders; \\\\\\\\\\\\\\\ Activists and Concerned Citizens: \\\\\\\\\\\ The anti-Hindu, anti-majority and anti-democracy crusade spearheaded by the UPA's “politburo” under the leadership of Ms. Sonia Gandhi seem to have reached its new heights. In this regard one of the latest devious initiatives to terrorize, deactivate and demoralize the Hindu majority is packaged in a proposed parliamentary product titled “The Communal Violence Bill ". \\\\\\\\\\\\\ This bill, which is presently being dressed up in clever but deceitful language by the (NAC- National Advisory Council) - higher echelons of the de facto governing body of political India, is based on the colonial policy of gifting unheard of and unconstitutional benefits to minorities, particularly the Muslims and Christians, for their support of the ruling manipulators and to handicap, penalize and oppress the Hindu majority relegating it to play only a subservient role. (The monster known as NAC is the Congress' own creation brought in to being to establish the paramountcy of vote bank politics).\\\\\\\\\\\\ This destructive parliamentary initiative throws numerous challenges in the path of India’s Hindu population threatening their very survival and role as the national majority of “Hindustan”, therefore, they can ill afford to leave it unchallenged. How can India’s national majority allow a few corrupt politicians to play with its fate and future? It must accept and defeat this vicious challenge to uphold the country’s age old tradition and national integrity. Taking a cue from Anna Hazare and Baba Ramdev’s recent mass protests, they must mobilize to defeat the Bill in public and in the Parliament. Indian gentry must gird up its loins, mobilize and organize mass protests in every nook and cranny of the country. This political revolt at the grass roots will aim at saving the 62 year old democracy rightfully empowering the national majority to rule. \\\\\\\\\\\\ 1) It is no coincidence that a well thought out strategy by the scam ridden Congress launched the proposal of the unconstitutional Communal Violence Bill after strong protests, mostly by Hindus, against corruption that has plagued Indian political society. In this sense the bill could be termed as an instrument of retaliation against those demanding an end to corruption in India. \\\\\\\\\\\\ Upon its adoption by the Parliament this bill will have the potential to scuttle India’s democracy as we know it. One of the unimaginable consequences of its enforcement will include the silencing of all protests and opposition, which are fundamental for any functioning democracy. To bring it in to play only one thing the enforcers, appointed by a corrupt regime will need to do for apprehending a citizen is a fake and anonymous charge by a member of the minority! Under the unfettered powers of this bill the super powered National Advisory Council (NAC), in reality India’s de facto Govt., could without a hitch put Anna Hazare , Baba Ramdev , BJP, RSS, Dharma Acharyas and other Hindu leaders in jail and use the power of the state and its judiciary for punishing and maligning all opponents of officialdom. \\\\\\\\\\\\ This bill could also be an effective instrument to protect those who have stashed away their black money abroad and those involved in political and financial corruption! Like the “Politburos” of the Soviet Union and the Peoples Republic of China, the NAC, under Sonia Gandhi, will become a super govt. with dictatorial and over riding powers. \\\\\\\\\\\\\\ 2) The Congress govt. seems intent on pushing through this Hindu smashing "Communal Violence Bill" - in the monsoon session of Parliament to start late on August 1, 2011 (attachment A). Although lately to placate critics some insignificant modifications to the original draft of this bill have been proposed but its central purpose, empowerment and a tilt towards minorities, remains unchanged. And that tilt in fact gives minorities powers to harass, intimidate and prosecute the Hindu majority with impunity. It does not take a rocket scientist to conclude that the Congress Tricksters have purposely invented this method of immoral, unconstitutional and undemocratic empowerment of minorities for consolidating the dictatorial powers of the National Advisory Council (NAC) headed by Sonia Gandhi who in turn will use the loyal minorities electoral power to keep Congress in power for ever. \\\\\\\\\\\\ 3) The very idea that the complainant's (minority person) hidden identity will not be disclosed, while punishing the alleged offender of the majority community (Hindus) circumvents the Constitution and other laws of the land. No Democracies in the world punish people on anonymous and unsubstantiated complaints! That is the practice of authoritarian and dictatorial regimes. And these communal and corrupt political policies promoted by undemocratic elements will only strengthen the trends and ideologies of national disunity and national disintegration of a secular country.\\\\\\\\\\\\ 4) Shocking consequences of this draconian bill: \\\\\\\\\\\\ a) "If this Draft Bill becomes law, it will become legally accepted that only Hindus cause riots; and that Muslims, Christians and other minorities can never be held responsible for riots because the definition of the term ‘group’, which is the backbone of this Draft Bill, is made totally in such a manner that the majority, that is the Hindus, will be at the receiving end of the stick... (Attachment B) \\\\\\\\\\ b) "Upon the bill becoming law, any minority person can anonymously file a police case against a Hindu for inciting communal hatred — and the police will be required to register the case as a non-bailable offence. The accused under confinement would not even have the right to know who the complainant is. And the accused Hindu will be considered to be guilty unless he or she can prove his or her innocence. That a person is innocent until proven guilty is the judicial philosophy accepted and practiced in almost all democracies. However, India’s infamous “Communal Violence Bill” in its present form would turn this universally acknowledged judicial principle upside down treating defendants as guilty until they prove to be innocent. \\\\\\\\\ c) "A Hindu activist who complains against fanatic Christian missionaries (there are many of them out there) converting tribals through inducements and bribes will be whisked away to prison, but the Christian missionary who openly calls Hindus ‘heathens’ or ‘kafirs’ and tramples upon idols of Hindu gods and goddesses will be forever found innocent by the new Laws. \\\\\\\\\\\\\\ Similarly a Hindu who complains against: a) unconstitutional reservations for Muslims in education and jobs, while denying these to the poor of the upper castes, b) against imposition of Sharia and cleansing of Hindus from Kashmir, c) against the J&K Govt. welcoming some 800 Muslim youth, who had crossed into PoK to receive terrorist training, to be resettled in India ; and, d) against infiltration of some thirty million Bangladeshis, etc. in to India will be thrown in to jail for hurting some anonymous Muslim's sentiments. \\\\\\\\\\\ d) Furthermore, this unwise bill could give rise to mushrooming of mini Kashmirs all over the country, where Hindus will be forced to remain silent and not speak about their expulsion, job discrimination, rape, abductions and physical violence as happened in Kashmir. They will have no place to migrate but to live in hell created by Govt. patronized terrorists. \\\\\\\\\\\\ 5) Since independence there have been scores of riots in India and overwhelming majority of that communal violence was generated by the radical Muslims. By disregarding that irrefutable record the authors of the bill have ill- served the Indian nation and altogether ignored the recurrence of such communal violence in 1960’s in UP and Bihar. The states like Gujarat suffered recurrent minority violence till late 1980’s. Wherever, the Muslims are in majority the minorities generally become the target of the Muslim violence against them as in Kashmir, Pakistan, Bangladesh; and in India's districts where the Muslim numbers have gone up, as in border areas of West Bengal and in Muslim ghettos. Yet the bill under discussion entitles only the minorities, not the injured and victimized majority, for any compensation against their losses in violence – a unique doctrine of one sided justice. \\\\\\\\\\\\\\\ 6) Hon'ble Hindu, BJP, RSS, VHP Leaders: Your condemnatory statements against this Bill are on record and they have been universally appreciated and welcomed. Now the Hindus worldwide are looking for you to translate your words in to action by mounting a strong campaign to defeat this undemocratic and worthless bill. Naturally your protest has to be based on “ harmony and equality for all.” Such a broad based approach will be appreciated not just by Hindus but by nationalist minorities as well.\\\\\\\\\\\\\\ What needs to be emphasized to India’s national citizenry is that communal harmony cannot be brought about by pitching one community against the other or by criminalizing one while rewarding the other. In its present form the discriminatory Communal Violence Bill will only rip the Indian communities apart and that is exactly what the dishonest and disgruntled ruling class wants in India. The present bill is just a tool towards creating a fractured society ready to dance on the tunes of corrupt and dishonest. If their goals, strategies, policies and political philosophies were not misguided and short sighted they would have understood that access to education, equal opportunities, equal justice and dignified living are inherently important values for bringing about communal harmony and mutual brotherhood. \\\\\\\\\\\ 7) Dear Hindu Activists, leaders and concerned citizens: The NAC's politically motivated Communal Violence Bill is a recipe for disintegrating Hindu society, Hinduism and India by encouraging Jihadists to dominate and Islamize India. In the guise of promoting communal harmony it promotes rank communalism. Under the cover of protecting minorities, it attacks Hindu rights. If it becomes law, this Bill will strike at the very foundation of liberty and legitimize criminal misdeeds of partisan minority religionists. \\\\\\\\\\\\\ Practitioners of Civil Liberties and Criminal & Constitutional Law unambiguously confirm that where a minority person indulges in violence against a member of the ‘majority community’, such violation of law would be covered under the provisions of the CrPC and IPC and not under the Communal Violence Bill,” (attachment A). There is no reason why the minorities can’t use the same body of law for seeking justice when they are affected? Taking that path will render the introduction of the Communal Violence Bill, a new controversial and patently discriminatory law, absolutely unnecessary. Through its political and constitutional implications the Bill elevates the NAC to the status of a super, parallel and dictatorial authority superseding the powers and authority of the constitutionally formed Govt. of a Prime Minister. The existence of two governments at the same time in a single polity would constitute an open invitation to chaos which cannot but be unacceptable in a free and democratic Society. \\\\\\\\\\\\\\ Based on these legitimate concerns we urge you to please give this issue a top priority and make it a "do or die issue." It will require devoting your organizational might, time and resources for uniting the majority and rational Indians and launching a relentless counter assault to defeat this draconian Bill aimed at chopping off the political muscle of India’s national majority. Without your uncompromising and massive assault through mass protests against it, the bill may pass as the Congress cabal and other political horse traders seem beholden to Muslim votes with little regard to the nation. And any shortage of votes in the Parliament needed for its passage could be made up by the flow of funds arranged by Congress as was the case in the Parliament's so called tainted Trust vote in 2008. \\\\\\\\ \\\\\\\\\\\\\ Hindu Jagran Forum (USA) July 1, 2011 \\\\\\\\\\\ ===================================== \\\\\\\\ Attachment A \\\\\\\\\\\ NAC dilutes violence Bill - But retains minority tilt \\\\\\\\\ Pioneer, June 23, 2011 \\\\\\\\\\\ http://www.dailypioneer.com/347816/NAC-dilutes-violence-Bill.html \\\\\\\\\\\\\\\\ The National Advisory Council headed by Congress president Sonia Gandhi on Wednesday cleared the controversial Communal Violence Bill, but made as many as 49 amendments to the original draft, including the provision for use of Article 355 in case of communal violence. It also removed mention of the phrase “destruction of secular fabric”.\\\\\\\\\\\\\ The NAC also cleared the populist National Food Security Bill which will provide right to food to 75 per cent of the population. The Congress president will now send both the Bills to Prime Minister Manmohan Singh for Government’s consideration. After being cleared by the empowered Group of Ministers and the Union Cabinet, both the Bills are likely to be presented in the Monsoon Session of Parliament starting from August 1. \\\\\\\\\\\\ While endorsing the main features of the Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011, the NAC agreed to amendments that included deleting a clause, which refers to imposing the Centre’s directive on States under Article 355 of the Constitution. The controversial clause had led to a public debate, with the Opposition charging that the provision may be misused by the Centre to interfere in the State’s domain during communal riots. \\\\\\\\\\\\ Another important amendment was the decision to delete the phrase “destruction of the secular fabric”, in relation to the definition of “communal and targeted violence”. There were some concerns about the National Authority to be created under the Bill being vested with excessive powers; so, as a precautionary measure, it was agreed to delete some clauses in this regard. \\\\\\\\\\\\\\\ However, the NAC found no valid point in the criticism that the Bill is loaded against the “majority community”, covering both religious and linguistic minorities and Scheduled Castes and Scheduled Tribes. The NAC maintained that the Bill would strengthen and safeguard India’s fundamentals as a secular, modern democracy in which its most vulnerable citizens enjoy equal protection under laws of the land. \\\\\\\\\\\ “It is a social reality that communal violence is generally against the minority community. Moreover, in case of the Domestic Violence Bill, only wives are covered, though cases where husbands have been beaten up by wives are not covered. Similarly, in case a member of a minority community indulges in violence against the ‘majority community’, it would be covered under CrPC and IPC and not under the Communal Violence Bill,” NAC member NC Saxena told The Pioneer. \\\\\\\\\\ The draft Bill has included new offences — sexual assault, enforced disappearances, torture, persecution, and enforced migration — and seeks to strengthen the rights of victims. It imparts legal duties on the State to provide rescue, relief, rehabilitation, compensation and restitution. \\\\\\\\\\\\\ It has provisions to ensure accountability of public officials and make dereliction of responsibility an offence, a clause to be extended to non-state actors too. The draft Bill provides that if sanction to prosecute public servants is not granted by the Government within 30 days from the date of application, it will be deemed to have been granted. It calls for constitution of a National Authority and State authorities to monitor and redress grievances. \\\\\\\\\\\\\ Meanwhile, the Food Security Bill cleared by the NAC will entail an additional financial burden of Rs 15,000 crore on the exchequer from the present food subsidy burden of Rs 60,000 to Rs 65,000 crore. This will make the total food bill to go up from Rs 80,000 to Rs 90,000 crore. However, the NAC is confident that the Government will agree to its suggestions, as it will go a long way in removing hunger and malnutrition from the country, Saxena said. \\\\\\\\\\\\\ The Bill will cover 90 per cent of the rural population and 50 per cent of the urban population. The NAC has also suggested reforms in the public distribution system, free kitchens for destitutes and community kitchens for urban homeless people. It has recommended strong monitoring by external agencies and also internal monitoring to prevent any leakages. \\\\\\\\\\\\\\ Rejecting the Government-appointed Rangarajan panel’s reservation about not being able to procure sufficient foodgrain in future to cover 75 per cent of population, the NAC said it has calculated that if more procurement of foodgrain is done from eastern states, there would be no such shortage. \\\\\\\\\\\\ The NAC has also decided to set up a committee to decide what policy should be adopted toward the primitive Jarawas tribes. The panel would take a call on whether to leave them completely isolated to preserve their own identity and culture or make efforts to spread education among them. To decide on the policy to be adopted in this regard, tribals would be consulted. \\\\\\\\\\\\\\\\\ ======================= Attachment B \\\\\\\\ Bill to kill secularism \\\\\\\\\\\\ June 03, 2011 Pioneer\\\\\\\ http://www.dailypioneer.com/343057/Bill-to-kill-secularism.html\\\\\\\\\\\\\\ The NAC-drafted Communal Violence Bill is a recipe for unmitigated disaster. In the guise of promoting communal harmony it promotes rank communalism. In the guise of protecting minorities, it attacks Hindu rights. This Bill will strike at the very foundation of liberty and legitimise criminal misdeeds of Muslims. It must not become law\\\\\\\\\\\\\\\\\\ The road to hell is almost always paved with noble intentions. In the Indian democracy, this has been proven true a countless number of times. I am afraid we shall be headed yet again towards hellish times if a new policy that is being currently debated manages to become law, thanks to the super secular denizens of India whose intensity and range of noble intentions usually matches the mayhem that the same noble intentions often trigger.\\\\\\\\\\\\\\\\\\\\\ I am talking about the well-intentioned economists, sociologists, activists and assorted jholawallah types who are convinced that it is their divine right to advice the UPA regime on all sorts of policy issues. Right at the top of this pyramid of do-gooders is the National Advisory Council which is headed by Ms Sonia Gandhi. Virtually all the members of NAC have impeccable records and reputations when it comes to their commitment towards the 'aam admi' of India. Let me also be very clear in stating that a lot of credit for path-breaking policy changes like the Right to Information Act, the NREGA and the Right to Education Act should go to the NAC. It is also wonderful to see members of the NAC valiantly battle it out against a callous, insensitive and cruel Government when it comes to implementing the Right to Food Act. \\\\\\\\\\\\\\\\ In each of these above-mentioned cases, the men and women with noble intentions have sought to protect and defend the rights of victims — usually the poor and the downtrodden of India who get only lip service from the Government. And now, this group of people has set out to protect and defend the rights of another set of victims — I am talking about the victims of communal violence. Nobody will dispute the fact that communal violence has been a blot on the Indian democracy. Similarly, nobody will dispute the fact that those have usually been the minorities who have borne the brunt of communal violence, even though provocation often comes from both sides of the divide. \\\\\\\\\\\\\\ So to continue with their noble mission to protect and defend victims, members of the NAC have given the green signal to the Communal Violence Bill — officially labeled as the Prevention of Communal and Targeted Violence Bill — that seeks to protect minorities from murder, mayhem and worse during communal riots.\\\\\\\\\\\\\ When I read newspaper reports about this proposed law and the objections raised by politicians like Mr Arun Jaitley, my first reaction was that the BJP was probably trying to play the Hindutva card. But I was speechless with shock when I actually managed to go through some provisions and clauses of the Bill. Most newspapers, magazines and TV channels have been politically correct and have sheepishly and squeamishly reported about the problems with the Draft Bill. But I have never believed in being politically correct. And so, let me say in plain words what the implications of the proposed law are. \\\\\\\\\\\\\\ If this Draft Bill becomes 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 because the definition of the term ‘group’, which is the backbone of this Draft Bill, is made totally in such a manner that the majority, that is the Hindus, will be at the receiving end of the stick. \\\\\\\\\\\\\ Thus, if this Draft Bill becomes law, the Indian Constitution will accept that only Hindus incite and provoke religious hatred and denigrate other religions; and that Muslims and Christians can never do that. If this Bill becomes law, all the accused in the Gujarat riots will be culpable and be sentenced, while all those responsible for the death of train passengers at Godhra would be presumed to have harboured only goodwill for Hindus. If this Bill becomes law, only Hindus will be tried, convicted and sentenced for communal violence and incitement of communal hatred because the Constitution will refuse to accept that Muslims and Christians are capable of violence and hatred. \\\\\\\\\\\\\\\\ If this Bill becomes law, any anonymous complainant can file a police case against a Hindu for inciting communal hatred — and the police will have to register it as a non-bailable offence. The accused — who would be arrested — would not even have the right to know who the complainant is. And the accused Hindu will virtually be presumed to be guilty unless he or she can prove his or her innocence.\\\\\\\\\\\\\\\ A Hindu activist who complains against fanatic Christian missionaries (Believe me, there are many of them out there) converting tribals through inducements and bribes will be sent behind bars; the Christian missionary who openly calls Hindus ‘heathens’ or ‘kafirs’ and tramples upon idols of Hindu gods and goddesses will be forever found innocent by the Indian Constitution. \\\\\\\\\\\\\\\\\ That was as far as Hindus are concerned. But it is not just about them. Every other clause in the Bill seems flawed. The definition of ‘Hate Propaganda’ is designed to give the Government draconian powers and curb freedom of speech. The Bill seems to be made on the basis of a dictatorial approach which assumes the accused guilty until proven innocent, and this is totally unconstitutional. Then, of course, I talk about the formation of a ‘National Authority’, a new power center for harassment. \\\\\\\\\\\\\\\ So, now you see where noble intentions can lead up to. I have no doubt whatsoever that activists, do-gooders and others of their ilk, right up to the members of the NAC, genuinely want to protect minorities from communal riots and violence. I have also no doubt that a majority of them — I am deliberately not saying all of them — harbour a peculiar and inexplicable hatred towards all aspects of Hinduism. But ask yourself honestly:\\\\\\\\\\\\ Is this Bill going to promote communal harmony in the country? I would have simply laughed out loudly and derisively if the matter had not been not so serious and potentially devastating for India. And frankly, how does one define minorities? There are many districts and towns in India where Muslims or Christians outnumber Hindus. Who will then be blamed for communal violence and riots? If one were to suppose there are riots in two towns in Uttar Pradesh — one with a Muslim majority and one with a Hindu majority... What will the police do in both these cases? Arrest only Hindus because the Indian law will state so? \\\\\\\\\\\\\\\\ Moving beyond the Bill and the disastrous impact it will have on India if it becomes law, I must also point out one thing that is peculiar to the Congress and the Gandhi family in particular. They have this strange tendency to depend on and promote advisors and Kitchen Cabinets — a move that has often cost them dearly in political terms. Mrs Indira Gandhi had a series of advisers who came from a non-political background. Rajiv Gandhi had many bright advisers who had no interest in electoral politics. And look at what they did first with the Shah Bano case, then the Ayodhya case and finally the Bofors issue. I fear Ms Gandhi and Mr Rahul Gandhi are in danger of committing the same mistake. It was Shah Bano and Ayodhya during the Rajiv era that eventually propelled the BJP to power in New Delhi. It could be the Communal Violence Bill in the Sonia and Rahul era that could yet again hand over the keys of New Delhi to the BJP. \\\\\\\\\\\\\\ I will sum up by saying that communal harmony cannot be brought about with such discriminatory Bills. It can be brought about by providing access to education and equal opportunities for a dignified living. It’s time the Government thinks about such methods instead of passing such draconian Bills or for that matter increasing internal security budgets, etc, to fight the menace of naxalism. Access to equitable policies and right to a dignified living will take care of most of the problems that the Government seems so clueless about. \\\\\\\\\\\\\\ -- The writer is a management guru and Editor, The Sunday Indian, Activists and Concerned Citizens 000000000