NAC, though pompously called National Advisory Council, is in effect Not Accountable Cabinet has perfected a PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND REPARATIONS) BILL, 2011. The draft can be accessed at Communal violence bill My partial comments, more might follow. Members are requested to look at the draft and then offer comments, if so desired. S 3(j) â€œvictimâ€ means any person belonging to a group as defined under this Act, who has suffered physical, mental, psychological or monetary harm or harm to his or her property as a result of the commission of any offence under this Act, and includes his or her relatives, legal guardian and legal heirs, wherever appropriate Section 3 (e) states that â€œgroupâ€ means a religious or linguistic minority, inany State in the Union of India, or Scheduled Castes and Scheduled Tribes within the meaning of clauses(24) and (25) of Article 366 of the Constitution of India. This means that if a person belongs to any of the above groups as mentioned under this bill, then he can be subjected to violence. Hostile environment can only be created for these groups under Section 3 (f) of this Bill. Comment Reading both these sections together brings out the following: 1. The â€œgroupâ€ can only be muslims, Christians and SC/ST. 2. That apart them there cannot be any victims of targeted violence. It is clear that Hindus just cannot complain if they are victims of targeted violence, ie, those who died in torchinf S-6 coach cannot be victims in terms of this bill. Question is how will they be categorized? How will they get compensations? Who will compensate them? Sadly they would be left out in the cold. 3. The â€œgroupâ€ is defined on statewise basis. What about local groups? For example, there are districts in W. Bengal where Hindus are a MINORITY, hence a GROUP. But in termas of definitions of the bill, Hindus are a majority in W. Bengal. Hence they CANNOT be victims!! Read further S 2, providing for extra territorial jurisdiction. 2. Punishment of offences committed beyond, but which by law may be tried within, India.- Any person liable under any Indian law including this Act, to be tried for an offence committed beyond India shall be dealt in accordance with the provisions of this Act for any act committed beyond India in the same manner as if such act had been committed within India. Examine in the light of Article 14, then it would be very difficult to understand as to why only a particular group of Indian society is included under the act. Christians in Egypt qualify to a â€œgroupâ€. Anti Christian violence by Egyptian muslims seems to be punishable under this bill. But question is how those Egyptians can be brought to justice in India? No way. Section 4 - Knowledge.- A person is said to knowingly direct any act against a person belonging to a group by virtue of such personâ€™s membership of that group wherea) he or she means to engage in the conduct against a person he or she knows belongs to that group; or,(b) with the knowledge that the person belongs to a group, he or she means to cause injury or harm to such person because of the membership of such person to that group. At the risk of sounding stupid, how do you prove this ? This will require the services of a clairvoyant who can read the minds 13. Dereliction of duty.- When any person who is or was a public servant not removable from his or her office save by or with the sanction of the Central Government or State Government, as the case may be, authorized to act under any provision of this Acta) exercises the authority vested in him or her colourably or in a manner otherwise than provided under law for the time being in force, which causes or is likely to lead to an offence of communal and targeted violence or by which he or she intends to screen or knowing it to be likely that he or she will thereby screen any person from legal punishment; or, (b) omits to exercise lawful authority vested in him or her under law, without reasonable cause, thereby fails to prevent the commission of communal and targeted violence, breach of public order or disruption in the maintenance of services and supplies essential to a group, shall be guilty of dereliction of duty. Wow â€“ how do you prove colourable. Colour can cover a lot of territory, but mostly it will cover saffron colour.