The assumption of the government drafts is that if only the powers of police and governments are augmented in communally charged times and areas, they would control communal violence effectively and decisively. This assumption flies in the face of the actual experience of successive communal pogroms. Did governments in Assam in 1983, Delhi in 1984, Mumbai in 1992-93, Gujarat in 2002 or Kandhamal in 2008 fail to prevent slaughter and arson because they lacked sufficient powers? Do we really believe that these governments were unable to control violence because they lacked the legal muscle? Or was the truth that they did not want to control the violence; but instead they deliberately enabled the slaughter? That they wanted to reap political advantage from a violently polarised polity, and were assured that they would legally be able to get away with such a crime?
If government officials and political leaders wish to act, the law as it stands is more than adequate to empower police and officials to prevent and control communal violence. No riot can continue for more than a few hours without the active will of the political leadership of governments that violence should persist and indeed spread; and the active abetment of police and civil officials to prolong the slaughter and arson. Communal carnages occur because they are systematically planned and executed by communal organisations, and because governments which are legally and morally charged to protect all citizens, deliberately refuse to douse the fires, and instead allow rivers of innocent blood to flow.
I regard such abetment of slaughter by public officials to be one of the gravest crimes possible in public life. To protect minorities from communal pogroms and mass violence, we do not need a law which adds further to the powers of police, civil authorities and governments. Ironically, such a law will achieve the exact reverse of what it claims to seek. The consistent experience of minorities is that greater powers in the hands of police would only be used against them. There is great unease with declaring regions as ‘disturbed areas': in large swathes of India's North-East and Kashmir, people have lived in the shadows of similar declarations, which give extraordinary powers to security forces. These routinely lead to crushing of people's elementary democratic freedoms.
From Harsh Mander's article in The Hindu
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