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Minorities made several suggestions16 for amendments to the Bill. For example it has proposed
that those found guilty of involvement in communal violence and indicted by the special courts
should be debarred permanently from government jobs and from contesting any public office. In
addition, there should be a provision whereby the state government concerned should have to
rebuild or cause to have rebuilt the religious property or place of worship damaged or destroyed
during sectarian violence. The Bill should also provide for public recognition of
non-governmental organizations and individuals who have helped in relief measures in the
aftermath of sectarian violence.
(e)
Prime Minister’s New 15 Point Programme for Welfare of Minorities (2006)
41. The Special Rapporteur would like to acknowledge the Prime Minister’s New 15 Point
Programme for Welfare of Minorities, which unequivocally states that the prevention and control
of communal riots is a basic duty of the State. This programme, as adopted by the cabinet of the
central government on 22 June 2006, notes that minority communities have suffered loss of lives
and property on account of communal violence in the past decades and that the welfare of
minority communities is inextricably linked with the effectiveness of measures adopted to
address this issue. It furthermore emphasizes that district and police officials of the highest
known efficiency, impartiality and secular record must be posted in areas which have been
identified as communally sensitive and riot prone (point 13). With regard to prosecution for
communal offences, the programme indicates that special courts or courts specifically earmarked
to try communal offences should be set up so that offenders are brought to justice speedily
(point 14). Finally, the programme states that victims of communal riots should be given
immediate relief and provided prompt and adequate financial assistance for their rehabilitation
(point 15).
3. Freedom of religion or belief in Jammu and Kashmir
42. The Special Rapporteur would like to refer to her predecessor’s report concerning freedom
of religion or belief in Jammu and Kashmir, for example with regard to discrimination
experienced by Muslims, the expulsion of Kashmiri Pandits (Hindus) in the 1990s and attacks
against places of worship in the context of the armed conflict.17 Mr. Amor had urged all the
parties concerned to act calmly and refrain from exacerbating religious problems so as to ensure
that immutable religious principles are not affected by political considerations at the expense of
the religious rights of the communities and, more generally, of tolerance and non-discrimination
based on religion or belief.
43. The population of Jammu and Kashmir is still divided on religious lines. The Muslim
community remains vulnerable to excesses of the security forces, while the entire population is a
victim of violence perpetrated by militant groups of Muslims. The Special Rapporteur was told
16
National Commission for Minorities, Suggestions of the NCM for amendments to “The
Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005” (available
online at http://ncm.nic.in/suggestion.html).
17
See E/CN.4/1997/91/Add.1, paras. 27, 34-36, 48-54, 90 and 98.