See full text of the complaint, cover letter, letter to PM at
Subramanian Swamy files FIR against Sonia Gandhi
From R. Vasudevan—Reporting from New Delhi
New Delhi, 27 October (Asian Tribune.com)
Janata Party chief Dr. Subramanian Swamy
Janata Party chief Subramanian Swamy on Tuesday filed an FIR in New Delhi against United Progressive Alliance chairperson Sonia Gandhi and members of the National Advisory Council’ (which is headed by Ms Gandhi) ‘for committing offences of propagating hate against the Hindu community by circulating for enacting as law a draft bill described as Prevention of Communal and Targeted Violence Bill, 2011.’
In his complaint Swamy said that the ‘draft bill is mischievous in content of targeting the Hindu community, malafide, unreasonable and prejudicial to public order, is apparent from the second section of explanatory note to the draft bill titled “Key Provisions of the Bill”, thereby inciting crimes against the Hindu community with impunity, and thus committing offences under section 153A & B, 295A and 505(2) of the Indian Penal Code.’
Swamy noted that when the draft bill was introduced in 2005, ‘it did not find much support from any of the political parties’, as they felt it ‘provided sweeping powers to the central government thus undermining the authority of the state governments.’
“But the most vocal opposition to this draft bill came from the Muslim, Christian and so called secular quarters…who demanded that the powers of managing communal violence be vested in non-government actors and make governments and administration at all levels accountable to them for communal violence,” the complaint added.
“From their (Muslims’ and Christians’) arguments in opposition to the draft bill, it is clear that they wanted a bill that would consider only the Christians and Muslims as the “generally targeted” victims of communal violence; and that the word ‘communal violence’ be re-defined in such a way that only the Muslims and Christians are treated as victims and Hindus as predators, and that the local police and administration, including the state administration, considered hand-in-glove with the perpetrators of violence,” Swamy noted.
The NAC was re-constituted in 2009 by the UPA government again under the chairmanship of Sonia Gandhi. The UPA government promptly handed over the re-drafting of the bill to the newly constituted NAC and asked it to come up with a fresh draft, Swamy added.
He thus noted, “The object of the re-drafted bill thus was the basic premise of the NAC that the majority community — read Hindus — are the perpetrators of communal violence in India and the minority — read Muslims and Christians — are the victims, clearly is incitement of religious strife.”
“What is more important is to conclude is that in all cases of communal and targeted violence, dominant religious and linguistic group at the state level is always the perpetrator and the other the victims. Similarly the conclusion that the state machinery is invariably and always biased against the non-dominant group is a gross misstatement of the sincerity and commitment of millions of people who form state administration in the country,” Swamy said.
“This dangerous premise is the incitement of communal strife in this bill,” he added.
Swamy went on to say, “One can safely conclude that the script writers of this bill are themselves blinded with religious biases. In India communal violence happens mostly because of politico-communal reasons. In many instances, as documented by several commissions of inquiry, it is the so-called minority group that triggers the trouble. We hence need laws that can prevent such violence irrespective of whoever perpetrates it. To argue that since the administration is always biased in favour of the dominant group we need acts that are biased in favour of the non-dominant group is imprudent and puerile.”
“The present draft bill will only promote disharmony. With these kind of laws the LeTs (Lashkar-e-Tayiba) and HuJIs (Harkat-ul-Jihadi Islami) across the border need not have to promote terrorism in our territory anymore. All that they need to do is to encourage a minor communal riot and they can achieve what they want — huge rift between the majority and minority communities,” he added.
“Hence, the NAC, with Sonia Gandhi as chairperson, and other members have jointly committed offences under IPC Sections 153A & B, 295A, and 505,” Swamy concluded.