BHARAT RAKSHA MANCH
CONGRESS & UPA PARTIES MAKE
ALL
HINDUS 'PRESUMPTIVE' CRIMINALS.
Executive Summary
1.
A Hindu against whom any
Muslim/Christian/minority makes any complaint shall be presumed in law to be
guilty by Police & Courts till proven innocent. [Sec 70, 71,& 73]
2.
An accused Hindu shall have to be immediately
arrested as all offences under this Bill are non-bailable & cognizable [Sec
56]
3.
This law can be invoked only by a
minority against Hindus.
4.
Accused Hindu shall not be informed
who has complained against him [sec 38]
5.
A minority is not required to give
any evidence to support his complaints against Hindus [sec 70, 71 & 72]
6.
A Hindu refusing to do business with
any minority shall be immediately arrested [Sec 3(f) (i)].Taking advantage of
such anti-Hindu laws a minority can force a Hindu to sell/rent his property and
even surrender his daughters to minorities.
7.
A minority cannot be punished for
making even false complaints/statements against Hindus [sec 40]
8.
All Hindus whether living in India or abroad shall stand deprived of
their Human Rights by this proposed law.
Under no circumstances a Hindu shall
ever be treated less favourably than any religious minority and all laws which
stipulate less favourable treatment for Hindus shall be repealed through ballot boxes.
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Full Text
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ALL HINDUS
MADE CRIMINALS BY CONGRESS & UPA PARTIES.
As we are aware the
National Advisory Council headed by Mrs Sonia Gandhi, a Roman Catholic
Christian prepared the first draft of what is now known as the Prevention of
Communal & Targeted Violence [Access to Justice and Reparation] Bill 2011.
There are 135 sections in this Bill with four schedules. The July 2011 version
of this Bill is available at http://nac.nic.in/pdf/pctvb.pdf
2. The Prevention
of Communal & Targeted Violence [PCTV] Bill is an anti-national draft law
as it would destroy social harmony existing among different sections of Indian
people and widen gulf between majority community & minorities. It makes
legal presumption of majority to be guilty of all crimes alleged by any
minority, religious or linguistic so it is anti-majority therefore
anti-democratic too. Being anti-majority it is obviously an anti-Hindu Bill. It
militates against the Constitutional spirit of equality of all citizens, militates
against principles of secularism & multi-cultarism and will further
fragment the Indian society vertically. This Bill is open assault on human
rights of all Hindus, whether leftists or rightists, whether living in India or
abroad.
3. Mrs Sonia Gandhi was born as Edvige Antonia Albina Maino in
Italy. She has been an Italian citizen by birth and claims that she has legally
become a naturalized Indian citizen though some persons continue to question
legality of her claim. The NAC comprises persons handpicked by Sonia Gandhi and
Prime Minister Dr. Man Mohan Singh both minority persons. One report suggests
that there is no Hindu member in the NAC; members with Hindu sounding names in
NAC are either Buddhists or crypto-Christians or atheists. The NAC is packed with
well known Hindu baiters.
Similarly the Sachar Committee & Misra Commission were
numerically dominated by minorities and their reports are cooked up to rob all
Hindus [including leftists, SC, ST & OBC Hindus] 15% of promotional
avenues, 15% of employment, 15% of educational seats and 15% of economic
opportunities [PE-3].
4. Fundamental principle of Indian criminal law is that everyone
is presumed in law to be innocent till proven guilty before a court of law by
an accuser. The Supreme Court has held this principle to be one of human
rights. But reversing this general principle Sonia Gandhi, a Christian has got
drafted this Bill in which every Hindu shall be presumed ab initio by Police
and Courts to be guilty of all allegations to be made against him by minorities
till that Hindu proves his innocence.
Thus for the first
time in the history of modern India we all Hindus have been targeted and shall
be presumed ab initio in law to be criminals by virtue of our birth in Hindu
fold and Congress Party & its allies want to do so by cheating their Hindu
voters. This Bill defames we all Hindus. So it is high time for every Hindu
voter to come out of slumber and read text of this Bill.
5. Explanatory Note
of July 21, 2011 to this Bill circulated by the NAC states that evidence from
the State records and several of Commissions of Enquiry confirms institutional
bias and prejudicial functioning of state organs when a minority is attacked so
this Bill. A three judge bench
of the Supreme Court comprising Justices Dalveer Bhandari, TK Thakur and Dipak
Misra in judgment of December 15, 2011 unanimously rejected this perception of
the NAC that the Indian police [as an institution] was biased against the
minorities [Criminal appeal number 1068 of 2006]. So the PCTV bill is in
conflict with the Supreme Court judgment.
The Bill in any
case exposes anti- Hindu mindset of the Congress Party and framers & supporters of this Bill.
6. Hindus whether Leftists or Rightists, whether upper castes or
lower castes, whether rich or poor shall have to be arrested merely on a
complaint howsoever flimsy or fictitious by a Muslim or a Christian or any
minority under the PCTV as Section 56 of this Bill declares all offences under
this Act to be cognizable and non-bailable
7. The PCVT Bill is based on another illegal &
unconstitutional presumption that communal riots are always committed only by
Hindus and never repeat never by minorities.
Definition of
group under section 3(e) and victim under Section 3(k) is such that this law
can be invoked only against majority Hindus by minorities. Muslims, Christians
who commit violence and similar hate propaganda against Hindus cannot be booked
under this new law as they are not included in definition of ‘group’ and ‘victim’ so they are exempt from
it.
It is known that
Muslims had attacked Hindus in India while demonstrating against Prophet
Muhammad’s caricatures published in Sweden.
Violence in Gujarat in 2002 was started by Muslims by burning Hindu
pilgrims at Godhra. There are cases of
riots between Muslims & Christians, Muslims & Parsies, Shia & Sunnis etc. There are riots
between Muslims and Christians in other countries such as Nigeria, Philippines,
and Egypt etc.
8. Analysing this Bill Arvindam Chaudhury, Editor, ‘The Sunday
Indian” & Director, Indian Institute of Planning and Management [IIPM]
raised a very pertinent question: “There are many districts, towns and
localities in India where Muslims and Christians outnumber Hindus. Who will
then be blamed for communal violence and riots? Suppose there are riots in two
towns of UP—one with a Muslim majority and one with Hindu majority….what will
the police do in both these cases? Arrest only Hindus under PCTV in both towns because
Indian law states so .” [Pioneer, June 3, 2011].
9. Karan Thapar, a senior journalist wrote in the Hindustan
Times of June11, 2011: “The problem lies with the details of the NAC's bill. It
starts with the presumption that communal violence is perpetrated by the
majority community and the victims are members of religious or linguistic
minorities. While that may be true of the horrific murders of 1984 and 2002,
it's certainly not the full truth. The violence independent India witnessed in
Meerut or Moradabad, Bengal, Assam and Kerala was also communal. No doubt the
NAC's desire to protect minorities is laudable. But a law must be even-handed
and non-discriminatory”.
10. Under Section 3 (k) of the Bill a “victim 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”.
Invoking above definition of Victim in Sec 3(k) any relation
of a minority person even with foreign nationality & living abroad say in
USA, Pakistan, Saudi Arabia or in Gulf countries can file complaint against any
Hindu whether that Hindu lives in India or abroad [Section 2]. Thus fate of all
Hindus whether living in India or abroad [Sec 2] would become worse than fate
of Hindus in Pakistan if Hindu voters in India keep sleeping on election days
or keep voting to anti-Hindu parties
like the Congress Party or its allies.
11. Under the PCTV
Bill a Hindu against whom a Muslim including a Bangaladeshi Muslim infiltrator,
a jehadi terrorist or a Christian or any
minority including criminals makes a complaint he [Hindu] shall be presumed ab initio
by Police and Courts to be guilty of all crimes alleged by a minority [Sections
70, 71 and 73]; that Hindu shall have to be arrested immediately as all crimes
under this Bill are cognizable and non-bailable [Section 56]; that Hindu
shall have to prove his innocence before a Court; that the Muslim or
Christian making complaint is not required to give any proof or evidence to
support his allegations against the Hindu he has accused [Sections 70, 71
and 72]; that Hindu shall not be informed as to who has made complaint
against him [Section 38]; consequently the accused Hindu shall not have right
to cross examine his accuser(s) but Muslim or Christian who made the complaint
shall be regularly informed by Police about the progress of the case [Sections
35, 66 and 83]; that during the pendency of the case the Court can attach
property of the accused Hindu even before he is found guilty [Sec 80]. And in
case Hindu is found guilty his property under section 81 shall be auctioned to
pay damages to Muslims, Christians etc.
12. Under Sec 40 no statement made by a minority victim, a witness
against Hindus or informants in the
course of giving evidence before the National Authority shall subject him or
her to or be used against him or her in any civil or criminal proceeding.
In other words a witness giving false statement before National
Authority against a Hindu cannot be prosecuted for giving false evidence
against a Hindu. Thus this Bill
encourages minorities to make false complaints against Hindus. This law has
vast potential for misuse against Hindus and destroys confidence & harmony
among different communities.
13. Hate propaganda by Hindus against minorities is covered under
Section 8 of the Bill so it will be punishable under this law but similar hate
propaganda by Muslims and Christian Missionaries against Hindus are not covered
under this Bill so Muslims & Christians cannot be booked under this law for
spreading hatred against Hindus.
It is well known that Christian missionaries who indulge in
conversion do a systematic hate campaign against Hindu beliefs. Life
imprisonment is the penalty for Hindus under this hate propaganda leading to
Organised communal violence. Muslims and Christians will get lighter punishment
under the Indian Penal Code for similar offences. It is apprehended that
Christian missionaries and mullas may use this law to get arrested those Hindu
priests who oppose conversion of Hindus into Christianity/Islam. But many Hindu
priests are busy blessing Congress politicians!!
14. Some Hindus believe that this Bill will be invoked only in
cases of communal violence but it is not true. Section 11 of the Bill declares
that 33 acts which are offences under the Indian Penal Code shall be deemed to
be offences under the PCTV Bill too if committed by Hindus against minorities
i.e. an accused Hindu shall be presumed to be guilty of even IPC offences till
he proves his innocence. But if same 33 offences are committed by a minority person
against Hindus he will be tried in normal criminal court where that minority
person shall be presumed by court to be innocent till he is proved guilty. The
33 acts include fabricating false evidence [192 IPC], disturbing religious
assembly [296 IPC], unlawful assembly [141 IPC] etc.
15. If a Muslim woman or a minority woman complains of rape
against a Hindu, he shall have to be immediately arrested; upon the sole
testimony of the victim it shall be presumed by Police & Courts that charge
of rape is correct [Section 70] and the accused Hindu shall have to prove that
charge against him is false and that Hindu will not know which Muslim woman has
made complaint against him. If held guilty of rape the Hindu may be given life
imprisonment under section 111. But if a Hindu woman is raped by a Muslim or a
minority male then she has to prove charge of rape against that Muslim etc,
and, her identity shall be told to her rapist and in case Hindu woman proves
the crime minority rapist shall get maximum of only seven years jail under the
IPC.
O Hindus ! you are going to be reduced to second class even in criminal justice also. Open your eyes! open your eyes!!
16. Taking advantage of the law contained in this Bill a religious
minority can force any Hindu to sell his property to him or rent his property
to him, can force a Hindu to write off debts a minority owes to him, a minority
employee or a minority subordinate of a Hindu can fix his own boss etc. If a
Hindu landlord wants to evict his Muslim or Christian tenant he cannot do so as
under this new law on complaint of harassment by tenant or by relatives of
tenant he [Hindu] shall first be sent to jail. If a Hindu has any Muslim or
Christian employee or subordinate and pulls him up for unsatisfactory
performance or dismisses him for inefficiency then wife or any relative of that
minority employee can lodge complaint of causing mental or psychological harm
which will be sufficient ground to arrest that Hindu CMD/ senior [Sec 3(k)].
17. If a Hindu refuses to do business with any minority because
that minority person is rude or dishonest or supplies substandard products or
does not pay in time or does not supply products in time, that Hindu will
commit a non-bailable cognizable offence under Sec 3(f) (i) of PCTV and he
shall have to be arrested. But if a Muslim or Christian boycotts Hindus, he
shall not be arrested as boycotting of Hindus by minorities is not a crime
under this Bill. Hindu business community must open their eyes before it is too
late.
By threatening to frame Hindus under this Act a minority can force
a Hindu to surrender even his daughters & women to minorities.
18. Where a designated judge is satisfied suo motu or upon a
complaint he can ask a Hindu to leave the station [Sec 82 (1)] but that judge
cannot ask any minority to leave the station.
There are many anti-Hindu provisions in this Bill. At least one
third of the government advocates dealing with PCTV law in one draft were
required to be minorities and only those could be appointed as special
prosecutors under this Act who are not objected to by any Muslim or Christian
etc [Sec 78.3 of old draft]. Only advocates acceptable to Muslims etc could be
appointed as government advocates for PCTV.
19. Section 29 of the PCTV Bill empowers a designated judge to
take cognizance of offences without the accused Hindu being committed to him
for trial.
20. There shall be a seven member National Authority at Central
level and at provincial levels to monitor implementation of this law out of
which at least four have to be minorities i.e. Hindus shall be in perpetual
numerical minority in decision making body of this Authority. Majority Hindus
have thus been reduced by the Congress Party to numerical minority in decision
making bodies as was the case during Islamic period. Hindus howsoever secular
or Marxist cannot be appointed as its Chairman and Vice Chairman of this
Authority vide Section 20.3 of this Bill.
21. The National Authority comprising unelected persons shall boss
over all elected Chief Ministers too which is against principles of federalism
and against principle of supremacy of elected representatives over unelected
ones. [Section73]. On recommendation of this National Authority controlled
& headed by minorities an elected Chief Minister can be arrested and his
Government dismissed.
22. Under section 83(6) a minority victim can choose any advocate
of his choice at government cost to prosecute a Hindu but when a Hindu wants to
prosecute a minority he cannot have advocate of his choice at government cost.
23. Section 126 states that for prosecution of offences under
Sec 9 there shall be no limitation of time. It means a Muslim or a Christian or
a minority can reopen cases against Hindus of all past cases of what a minority
can call Organised communal and targeted violence right from 1950 onwards if
not earlier ones from the eighth century.
24. Under this Bill public servants including military officers of
all security forces can be jailed from 3 years to life imprisonment under
sections 117 [dereliction of duties], 118 [breach of command responsibility]
and 119 [offences by other superiors for breach of command responsibility]. The
official or procedural immunities available to public servants against
prosecution shall not bar any proceeding under this Bill under section 73. Section 74 of the Bill stipulates that
provision of prior sanction of the government under sections 196 and 197 CrPC
shall not be available to public servants for their prosecution under this
Bill. Therefore all Hindu civil servants
& Hindu military officers must go through the text of this Bill thoroughly
and minutely.
25. In order to save themselves from being victims of this law
Hindus in general may start reducing all interactions with minorities. That is
why many analysts rightly call this Bill divisive killing spirit of secularism
and multi-cultarism.
26. In December
2011 in the Criminal Appeal No. 1068 of
2006 three Judges Bench of the Supreme Court headed by Justnice Bhandari
unanimously decided: “It is
one of the
fundamental principles of
criminal jurisprudence that an accused is presumed to be innocent till
he is proved to be guilty. It is equally well settled that suspicion howsoever
strong can never
take the place
of proof. There is
indeed a long distance between
accused may have committed
the offence' and
`must have committed the
offence' which must
be traversed by
the prosecution by adducing
reliable and cogent
evidence. Presumption of
innocence has been recognised as a human right which cannot be wished away. See Narendra Singh and Anr. v.State
of M.P. (2004)10SCC699 and Ranjitsingh Brahmajeetsingh Sharma v.State of Mahsrashtra and Ors.
(2005)5SCC294. To the same effect is
the decision of
this Court in
Ganesan v. Rama
SRaghuraman and Ors.
(2011) 2 SCC
83 where this Court
observed:"Every accused is
presumed to be innocent unless
his guilt is proved. The Presumption of innocence is human right.
Subject to the
statutory exceptions, the
said principle forms the
basis of criminal
jurisprudence in India. These were
reiterated by this
Court in State of U.P. v. Naresh
and Ors. (2011)4 SCC 324 also.”
27. As Rajiv Gandhi
had nullified the Shah Bano judgment of the Supreme Court similarly Sonia
Gandhi & Man Mohan Singh are trying to nullify all the above decisions of
the Supreme Court through the Prevention of Communal & Targeted Violence
Bill 2011.
28. With this Bill becoming a law all Hindus living in India or
abroad will naturally be looked down upon by host foreign communities as
criminals by birth and may face more stringent immigration problems abroad.
By this Bill the Congress & UPA parties have tarnished
international image of all Hindus and defamed all Hindus, even those Hindus who
voted for Congress Party.
This Bill downgrades & defames all Hindus as a race of
criminals.
28. This Bill is thus worst than Aurangzebi firmans of 17th
Century and reduces all Hindus to second class status and will force every
Hindu to dance to the whims and fancy of every minority even if that minority
is his driver, cook or employee. A relation of a minority employee can also
lodge complaint. This Bill if enacted as a law shall give a legal weapon
to every minority, even a beggar, to send to jail any Hindu he wants to settle
his political or personal scores.
29. So this Bill and Congress Party & its UPA allies must be
opposed by all Hindus whether leftists or rightists but through ballot boxes. All
Hindus must go to cast their votes to save themselves from landing in jails on
basis of even bogus complaints of minorities.
July 15, 2012
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