A Critical Analysis of the Anti-majoritarian Bias in the Prevention of Communal and Targeted Violence

Varun Panickar, Amrita Vasudevan | 2012


The Primary argument against the prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill 2011 is that the stance taken by the legislation; establishing an anti-majority bias as a set standard in all instances of Communal Violence, suffers from many fundamental shortcomings. The first part of this paper will focus on analysing the rationale behind the legislation’s intent to protect only the ‘non-dominant groups’ in cases of communal violence. The Bill extends greater protection to those belonging to minority communities; as opposed to others.