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The Federal Home Minister Shivraj
Patil said that the Communal Violence
(Prevention, Control and
Rehabilitation of Victims) Bill is
likely to be implemented in three
months. The concept of this Bill is
not to prevent communal violence but
to empower district level
administration officials to provide
grants to victims of such violence
without waiting for court judgments.
This bill will even cover victims of
terrorism and also provide the right
to the victim to participate in the
trial. A base figure of Rs.7 lakhs is
being targeted as compensation for
victims. Opponents to this bill say
that this will provide extra
jurisdiction to the Federal Government
over the State Governments and
therefore eroded the federal nature of
governance. Other also say that these
funds may be misused by district and
state level politicians to create vote
banks, provide entitlements for
supporters, and means to buy support
of certain sections of the populations
thereby exacerbating the problem of
communal disharmony. Further, this law
may also short-change due process by
empowering State Governments to harass
opponents using bogus charges.
Previous communal violence in the
country are pending before courts as
investigative and prosecution agencies
are unable to identify perpetrators,
prove culpability and effect justice.
It is unclear how this bill will solve
this basic problem.
In order to reduce the confusion and
100 odd lawsuits around educational
institutions, the Supreme Court (SC)
asked the Government to outline the
implication of its earlier judgment.
The SC had earlier ruled that
admissions to Government-aided
minority and non-minority educational
institutions be regulated through a
common entrance tests. It had also
ruled the unaided institutions had an
unfettered Constitutional right to
choose the students appropriate to its
requirements as long as the admission
process was fair. It had also banned a
capitation fee, a large deposit by
students admitted to the school, in
aided institutions. Last month, in a
virtual unanimous consent, the
Parliament passed a Bill that allowed
reservation for scheduled castes and
scheduled tribe candidates in
non-minority unaided colleges. The
Constitutional propriety of that bill
is still being debated.
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