Leader  of opposition in the Lok Sabha Sushma Swaraj said the proposed  legislation was “dangerous” as it would “encourage communalism” rather  than curbing it by furthering the divide between majority and minority  communities..
News by Livemint http://www.livemint.com/2011/09/10152552/Trinamool-joins-NDA-nonUPA-s.html
New Delhi:  The proposed Communal Violence Bill on Saturday ran into trouble with  NDA-ruled states and Congress ally Trinamool Congress opposing it as  “dangerous” legislation and arguing that it would hurt the federal  structure of the country.
At a meeting of National Integration  Council (NIC) where the issue was on the agenda, NDA and chief ministers  of the states ruled by it -- Madhya Pradesh, Chhattisgarh, Karnataka,  Himachal Pradesh, Uttarakhand, Bihar and Punjab -- expressed opposition  to the draft legislation in its current form.
Leader of opposition  in the Lok Sabha Sushma Swaraj, who also attended the meeting chaired  by Prime Minister Manmohan Singh, said the proposed legislation was  “dangerous” as it would “encourage communalism” rather than curbing it  by furthering the divide between majority and minority communities.
Dinesh  Trivedi, senior leader of Trinamool Congress, a key constituent of the  UPA, said his party also opposes the Bill in the present form.
Opposing  the Bill, chief minister of BJD-ruled Orissa Naveen Patnaik, said it  has some “objectionable” provisions which “directly affect the autonomy  of states”.
Uttar Pradesh Chief Minister Mayawati, whose speech  was read out in absentia, said “it is not the opportune moment to  comment on the Bill”.
Bihar chief minister Nitish Kumar voiced  concern over certain provisions in the Prevention of Communal and  Targeted Violence (Access to Justice and Regulations) Bill 2011, saying  it may create “impression” among the people at large that majority  community is “always responsible for communal incidents.”
In a  speech read out by senior Bihar minister Vijay Kumar Chaudhary, Kumar  asked the centre to hold “thorough discussion” with state governments  for making certain amendments that are warranted before introducing it  in Parliament.
He specifically opposed the provision for  promulgation of Article 355 of the Constitution, which gives the centre a  right to intervene, in a limited area during “internal disturbance”,  saying it amounted to “unnecessary interference in state’s  jurisdiction”.
Madhya Pradesh Chief Minister Shivraj Singh Chauhan  said the Bill was intended to meet “vested interests” and may undermine  the country’s federal structure.
“The Bill expresses feeling of  mistrust in the state government machinery and lacks clarity in defining  crimes for organised communal violence,” he said.
“I urge the  union government to have faith in the state governments and strengthen  them, which in turn will strengthen the nation. If state governments are  weakened to serve some vested interests, the nation will become weak  and it will give impetus to parochial forces,” Chauhan said.
Questioning  the need for the Bill, Chhattisgarh chief minister Raman said it went  against the federal spirit as it will directly interfere with the  legitimate authority of states.
“The proposed Bill has many  structural loopholes. The biggest problem is that this Bill is against  India’s federal structure. The national authority set up with the help  of this Bill will have the power to issue directions to any state  authority for any investigation,” he said.
He said that the power  of maintaining law and order situation stays with a particular state and  changes in this system will bring unfavourable results in the long  term.
Uttarakhand chief minister Ramesh Pokhriyal Nishank asked  the Prime Minister and home minister P Chidambaram to give up their  desire to pass the Bill in its present form, saying the legislation  would be a “big blow” to national integration.
Punjab chief  minister Prakash Singh Badal said the Bill that the government was  trying to bring could lead to “avoidable confrontation” between the  centre and states as sections of it were a “direct transgression of  states’ authority”.
He also particularly expressed opposition to provision for invoking Article 355.
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