PCTV Bill: Hindus are criminals by default – O.P. Gupta

“All Hindus whether Leftists, or Rightists, whether upper castes or lower castes, whether rich or poor will be arrested merely on a complaint howsoever flimsy by a Muslim or a Christian or any minority under the Prevention of Communal and Targeted Violence (Access to Justice and Reparation) Bill which Dr Manmohan Singh, himself a minority, is planning to place before the Parliament. Draft of this totally anti-Hindu Bill was initially prepared by the National Advisory Council headed by Sonia Gandhi, a Christian, who was born as Edvige Antonia Albina Maino.” – O.P. Gupta

The NAC comprises persons handpicked by Sonia Gandhi and Manmohan Singh both minority persons. In this Council too Hindu members have been kept in numerical minority as was the case in the Sachar Committee and in the Ranganath Misra Commission. The Sachar and Misra Reports rob all Hindus (including Leftists, SC, ST & OBC Hindus, rich or poor Hindus) 15 per cent of jobs, 15 per cent of promotional avenues, 15 per cent of educational seats and 15 per cent of economic opportunities.

The PCTV Bill is based on presumption that communal riots are always committed only by  the Hindus and never by minorities.  This law can be invoked only against  the Hindus by minorities. Muslims, Christians who commit violence and hate against Hindus cannot be booked under this new law as they are exempt from it. As we know Muslims had suo motu attacked Hindus in India while demonstrating against Prophet Muhammad’s caricatures published in Sweden.

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 headed by Justice Bhandari in its judgment of December 26, 2011 unanimously rejected this perception of the NAC that the police was biased against the minorities. So the very basis of the PCTV Bill is illegal and unconstitutional.

Under the PCTV Bill a Hindu against whom a Muslim including a Bangaladeshi Muslim infiltrator, a jehadi terrorist Muslim or a Christian or any minority makes a complaint, he will be presumed ab initio to be guilty of crimes; that Hindu will be arrested as all crimes under this Bill are cognisable and non-bailable (Clause 58 of May 2011 version); that Hindu will have to prove his innocence before a Court;  that Hindu will be presumed to be  guilty by Police and courts till he proves his innocence (Sections 73,74.1 & 74.2); that the Muslim or Christian making complaint is not required to give any proof or evidence to support charge against the Hindu  he has accused;  that Hindu will not be informed as to who has made complaint against him (Section 40, 87.4); the accused Hindu will not have  the right to cross examine his accuser(s) but Muslim or Christian who made the complaint will be regularly informed about the progress of the case (Section 69); that during the pendency of the case the Court can attach property of the accused Hindu even before he is found guilty (Sec. 82). And in case Hindu is found guilty his property will be auctioned to pay damages to Muslims, Christians etc.

Where a designated judge is satisfied suo motu or upon a complaint he can ask a Hindu to leave the station but judge cannot ask any minority to leave [Sec 84]. 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 who are not objected to by any Muslim or Christian, etc (Sec. 78.3).

There will be a seven member National Authority both at Central and provincial levels to monitor implementation of this law out of which at least four have to be minorities i.e. Hindus will be in perpetual numerical minority in this Authority. Hindus howsoever secular cannot be appointed as its Chairman and Vice Chairman vide Section 21.3 of this Bill. This National Authority comprising unelected persons will boss over all Chief Ministers too which is against principles of federalism.

Hate propaganda (Chapter 2, Section 8) by Hindus against minorities is punishable under this law but Muslims and Christian missionaries 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.

If a Muslim woman or a minority woman complains of rape against a Hindu, he will be arrested, it will be presumed that charge is correct and  the Hindu will have to prove that charge against him is false and that Hindu will not  be told which woman has made  the complaint. But if a Hindu woman is raped by a Muslim or a minority person then she has to prove charge of rape against that person and her identity will be told to her rapist.

This Bill is worst than Aurangzebi firmans 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 their employee.  This Bill if enacted as a law will 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. It is well-known that in order to settle scores Christian nuns have made false allegations of rape against some Hindus.

Under Sec. 42 no statement made by a person in the course of giving evidence before the National Authority will 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 cannot be prosecuted for giving false evidence against a Hindu.

Section 129 states that for prosecution of offences under Sec 9 there will be no limitation of time. It means a Muslim or a Christian or a minority can reopen cases against Hindus, all past cases right from 1950 onwards.

Taking advantage of the law contained in this Bill a religious minority can force a 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 tenant he will first be sent to jail. If a Hindu has any Muslim or Christian employee or subordinate and pulls him up for unsatisfactory performance then wife or any relative of that minority employee can lodge complaint of causing mental or psychological harm which will be sufficient to arrest that Hindu CMD/ Senior (Sec. 3.9). Invoking definition of ‘Victim’ in Sec. 3.9 any relation of a minority person even with foreign nationality and 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. A Pakistani Muslim living in Pakistan can file complaint against any Hindu living in India on behalf of his relation living in India and that Hindu will have to be arrested by Indian police. Thus fate of all Hindus whether living in India or  living abroad (Sec. 2) would become worse than fate of Hindus in Pakistan if Hindu voters in India keep sleeping.

Naturally 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 the spirit of multiculturalism.

So this Bill must be opposed by all Hindus. If Hindu voters don’t want to get robbed off their children of 15 per cent jobs, 15 per cent of educational seats, etc and if Hindus do not want to go to jails on false allegations of Muslims or Christians, etc they must not cast their votes in favour of the Congress party or its ally parties in any election.

O Hindu voters wake-up, wake-up.

» O.P. Gupta is National Working President of Bharat Raksha Manch and National Convenor of the CARRIED.