New Delhi, June 16: Two members of the Sonia Gandhi-headed National Advisory Council (NAC) have written to the government demanding drastic changes in the proposed communal violence bill.

Harsh Mander and Farah Naqvi have submitted a memorandum to law minister Veerappa Moily listing the amendments they would like in the bill, likely to be introduced in the next session of Parliament.

The members have demanded a broadening of the definition of communal violence and said the Indian Penal Code, 1860, was inadequate to combat such crimes. Communal violence is a targeted and a mass crime, Mander and Naqvi have argued, adding that such offences were not reflected in the IPC and other existing laws.

There is also a need to formulate new rules of procedure of investigation, prosecution and evidence in the context of communal violence and the new crimes/offences defined by the bill, the members have argued.

Another major recommendation the duo have made is to add sexual assault to the list of offences under the bill and redefine the term rape.

They have contended that rape, as defined at present under Section 375 of the IPC, has proved inadequate to tackle crimes against women in recent incidents of communal violence.

“Sexual assault in a situation of communal violence should be equated with custodial rape as the mob exercises complete control and is in a position of authority. Hence, it is necessary that the burden of proof in communal violence be shifted to the accused,” the two members have argued in their memorandum to Moily.

They have also suggested a provision in the bill to make both public servants and non-state actors criminally responsible for their acts of omission and commission.

The law should explicitly recognise and punish communal crimes that result not just from active participation or abetment of state authorities, but also crimes of omission, or what may be described as “culpable inaction”, Mander and Naqvi have demanded.

The bill, they have said, must acknowledge the rights of those displaced by such violence and provide for reparation in line with international standards, including the UN’s guidelines on internal displacements.