These provisions that discriminate against Hindus are not mentioned in the PCTV bill by Congress - FACTLY
Sai Krishna Muthyanolla
December 19, 2023
A video is being shared on social media claiming that the Congress government in 2013 wanted to bring in the Prevention of Communal and Targeted Violence (PCTV) bill in favour of Muslims. The video alleges that this law can be invoked only against the Hindus by Muslims. Muslims, who commit violence and spew hate against Hindus cannot be booked under this new law as they are exempt from it. Let’s verify the claim made in the post.
Claim: Provisions listed under various sections of the Prevention of Communal and Targeted Violence (PCTV) bill discriminate against Hindus. This bill was introduced by the Congress led UPA government in the Parliament in 2013.
Fact: Most of the provisions stated in the video that allegedly discriminate against Hindus are actually not mentioned in the PCTV bill. Section 7 only talks about meaning of sexual assault, but it doesn’t talk about any religion or community as claimed. Section 42 also doesn’t talk about any religion or community, it only states that any statement made by a person while giving evidence before the National Authority cannot be used against him in any civil or criminal proceedings. Also, there is no such clause or section in the bill under which a Hindu will be prosecuted if he declines to sell his house to a Muslim. In the Bill, ‘group’ can be read as meaning a religious or linguistic minority or SC, ST. However, some reports said that the bills were against Hindus as the majority are Hindus in most cases, and they will suffer under these bills. Hence, the claim made is Misleading.
Upon searching the Prevention of Communal and Targeted Violence (PCTV) bill, we have found several news reports (here, here, here) regarding this bill. Based on these reports and further research, we found that a similar bill, The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005 was introduced in the Rajya Sabha on 05 December 2005, by then home minister Shivraj Patil. It was reviewed by the standing committee on home affairs (then led by Sushma Swaraj), which gave its report in 2006.
Subsequently, a new bill titled ‘The Prevention of Communal Violence (Access to Justice and Repatriations) Bill, 2011’, has been prepared by the  National Advisory Council which was led by Sonia Gandhi and the same has been approved by the Cabinet.
In February 2014, notices have been given for the introduction of said Bill in the Rajya Sabha and the withdrawal of The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005.
The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005 was withdrawn by the then Congress government, but they couldn’t introduce the new bill ‘The Prevention of Communal Violence (Access to Justice and Repatriations) Bill’ as there was opposition in the Rajya Sabha. The Deputy Chairman after taking sense of the House, deferred the introduction of the Bill.
Let us now look at each of the claims made in the video about the alleged provisions in the bill that discriminate against Hindus.
PCTV Bill is based on presumption that communal riots are always committed only by the Hindus and never by Muslims?
According to the PCTV bill, there is no such clause or rule in favour of Muslims. In the 2011 Bill, ‘group’ can be read as meaning a religious or linguistic minority or SC, ST. However, some said that the bill was against Hindus as the majority are Hindus in most cases, and they will suffer under these bills.
Section 42 in PCTV bill states that no Muslim can be prosecuted even if he made false allegations on a Hindu regarding riots?
According to the PCTV bill, there is no such clause or rule that states that a Muslim cannot be prosecuted even if he made false allegations on a Hindu regarding riots with a motto to trap him in the case. Section 42 only states that any statement made by a person while giving evidence before the National Authority cannot be used against that person in any civil or criminal proceedings. In other words, the person is protected from having their own testimony used to incriminate them in legal actions.
Section 7 in PCTV bill states that if a Muslim woman is sexually assaulted, whole Hindu community will be prosecuted and if same happens with Hindu woman, no Muslim will be prosecuted?
According to the PCTV bill, there is no such clause or rule in favour of Muslims. Section 7 only talks about the meaning of sexual assault, but it doesn’t talk about any religion or community as claimed in the video.
A Hindu will be prosecuted if he declines to sell his house to a Muslim?
There is no such clause or section in the PCTV bill that states that a Hindu will be prosecuted if he declines to sell his house to a Muslim who wants to buy a house owned by the Hindu.
To sum it up, these provisions discriminating against Hindus are not mentioned in the Prevention of Communal and Targeted Violence (PCTV) bill drafted during the Congress led UPA regime.