NEW DELHI: The Home ministry’s proposal to amend the Indian Penal Code by including two stricter anti-racial discrimination provisions has got a tepid response from states, including those from the North East, despite repeated attacks in the national capital and other metros.
Only four states – Uttar Pradesh, Manipur, Meghalaya and Mizoram – and three Union Territories – Andaman and Nicobar, Dadra and Nagar Haveli, and Lakshadweep – have given their assent to the proposed law.
Incidentally, Arunachal Pradesh, which triggered the demand for amending IPC after a youth from the state was brutally killed in Delhi, has not responded along with Assam, Tripura, Sikkim and Nagaland.
Though the MP Bezbaruah Committee, set up in February 2014, submitted its report in July 2014, the Home ministry sent letters for states’ opinion only in February this year, said an official from the ministry. The changes in IPC were based on the recommendations of the committee.
The official explained that since the proposed amendment fell under the concurrent list of the Constitution, the opinion of majority of the states was required to push through the legislation.
Shillong MP Vincent Pala had recently raised the issue in Parliament and demanded that amendments to laws as per the committee report should be brought up in the ongoing monsoon session.
The information about the states was given by Union minister of state for home Kiren Rijiju in the Rajya Sabha recently. The minister himself is a Lok Sabha MP from Arunachal Pradesh.
“The Home Ministry has proposed to amend two provisions in the IPC, that is, Section 153A and Section 509A. These are proposed to be inserted into the IPC sections…since this matter comes under the Concurrent List, we have to obtain the opinion of the state governments,” he had said.
The draft 153 C IPC provision proposed by the ministry says, “Whoever promotes or attempts to promote, on the ground of race, racial features, behaviour, culture, customs or way of living, any act which is prejudicial to human dignity or dignity of members belonging to a particular race and uses criminal force or violence in furtherance of such act, or, participates in such act intending to use criminal force or violence or knowing that participants in such act are likely to use criminal force or violence against the member of a race or cause or likely to cause fear or feeling of insecurity amongst the members of such race, shall be punished with imprisonment for a term which may extend to five years and fine.”
An official said they were also examining the possibility of the provisions being misused. Section 509A IPC, which makes a word or gesture punishable by three years, is difficult to prove.
