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Press Statement issued by
BJP National Spokesperson, Smt. Nirmala Sitharaman
It is reported in the media that the Ministry of Home Affairs (MHA) may introduce an amended version of the ‘Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill’. This pet project of the National Advisory Council, headed by Smt. Sonia Gandhi, was introduced two years ago. Several state Chief Ministers belonging to various political parties opposed the Bill in the National Integration Council, which was held in 2011.
Now with the Lok Sabha Elections fast approaching, the intent of the Congress Party in trying to introduce this Bill during the Winter Session, smacks of communal and polarizing politics. The amended version is still not available for public discourse. The earlier version was highly discriminatory in that based on one’s birth in a particular religious community one was pre-slotted as an accused, or as a victim. Its typical feature was prejudice, and not equality before law. If media reports are to be taken cognizance of, this new amended Bill proposes to impose duties on the Central and State Governments so that they prevent and control targeted violence, while exercising their powers. Already again, voices of opposition are coming out strongly from Chief Ministers of States. Yesterday, the Chief Minister of Tamil Nadu has voiced her opposition on the grounds that several provisions of this amended Bill encroach on State Subjects are defined in the Constitution, implying that its federal structure is being shaken. It is suspected with reason, that this new draft will interfere with the functioning of State Governments and undermine their relevance as elected governments.
Even earlier, the BJP had voiced its opposition to this communal Bill. We shall unequivocally oppose this Bill as it is a threat to the communal harmony of India.
Article 370
The public debate on Article 370 post Shri. Narendra Modi’s speech in Jammu, has brought out in the public domain every concern that the BJP has had about Article 370 itself. BJP has always, and is even today, in favour of the abrogation of Article 370. What Shri. Modi has intended to do is to highlight how this Article has been used by a small, privileged and influential section of Jammu and Kashmir, to filter out several progressive legislations intended to empower our citizens. This Shri Modi has done, by highlighting the reality that there is discrimination against women, SCs, STs and OBCs.
The 73rd and 74th amendment of the Panchyati Raj is not applicable in J&K. Similarly, the Prevention of Corruption Act 1989 is not applicable in that state. The much touted Right to Information Act has been modified and diluted under the last three Chief Ministers of J&K. Children of women married to non-residents are denied rights to education, property, jobs and even vote in the local bodies and in the Assembly.
Because the Representation of People Act 1951 and the De-limitation Act of 2002, and the various amendments therein are not applicable to J&K. Many distant, backward and remote areas such as Kathua, Udhampur, Rajouri, Poonch, Kupwara and Ladhak are underrepresented. It’s ironical that the J&K people have been denied full powers under the local self-government (Panchayati Raj). Is it not true that there has been no local body election in the past 4 years?
The latest CAG Report (2010-2011), points out to a systematic pattern of institutional mis-governance in J&K.
The National Conference (NC) and the PDP have both supported a completely regressive, anti-women Bill – The Jammu and Kashmir Permanent Resident (Disqualification) Bill 2004 in the J&K Assembly. It is shocking that this happened after 7th October 2002, when the J&K High Court ruled in favour of the daughters of J&K. In this case – State of J&K vs. Dr. Sushila Sawhney (LPA 29/279), the High Court clearly ordered that women shall not lose status as a permanent resident of the state of Jammu and Kashmir on her marriage with a person who is not a permanent resident of J&K. The day when this anti-women Bill was defeated in the Legislative Council, the President of NC, Shri Omar Abdullah, expelled the Chairman Abdul Rasheed Dar and called it the Black Day in the legislative history of the state. Even today, the same Bill exists as a private member Bill in the J&K Assembly and can be introduced again any time.
The Chief Minister of Jammu and Kashmir alleges that Shri. Modi is misinforming and misleading the people. By now is it not apparent as to how Article 370 has denied rights and due development for the people of Jammu and Kashmir? It may be time now for the Congress Party and the National Conference in general, and Shri Omar Abdullah in particular to explain and answer questions of how they have denied the people of Jammu and Kashmir – women, SC, ST and OBC in particular – their due rights.
(ER. ARUN KUMAR JAIN)
Office Secretary
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