The bill provides for a seven-members of whom at least four of them including the chairman and vice-chairman shall only belong to a 'group' (the minority community).
A similar body is intended to be created in the states. Membership of this body thus shall be on religious and caste grounds. The offenders under this law are only the members of the majority community.
The draconian and anti-federal character of the “National Authority” becomes
clear on Page 16 under the “Powers of the National Authority”. Specific anti federal powers include:
– Binding directives to agencies of the State
– Judicial Powers of a Civil Court in running inquiries and investigations
– Power to search any building
- Power to refer cases for trial to the Judiciary under the Criminal code
– Treating proceedings conducted by it as Judicial Proceedings
– Wide investigative powers through any existing agency
– Role on inquiring into the conduct of Armed Forces.
What are the procedures to be followed
The procedures to be followed for investigations under this act are extraordinary. No
statement shall be recorded under section 161 of the CrPC. Victim statements shall be only under section 164 (before courts).
The government will have a power to intercept and block messages and telecommunications under this law.
Under clause 74 of the bill if an offence of hate propaganda is alleged against a person, a presumption of guilt shall exist unless the offender proves to the contrary. An allegation thus is equivalent to proof.
Public servants under this bill under clause 67 are liable to be proceeded against
without any sanction from the state.
The special public prosecutor to conduct proceedings under this act shall not act in aid of truth but 'in the interest of the victim'. The name and identity of the victim complainant will not be disclosed. Progress of the case will be reported by the police to the victim complainant.
This law, if happens is bound to be misused. Perhaps, that
appears to be the real purpose behind its drafting. It will encourage minority
communalism.
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