Robin Prasad, Advocate, Gujarat High Court, B.A.LL.B.(Hons.), Nirma University, Ahmedabad, Gujarat
ABSTRACT
Articulation of the phenomenon of Religion has undergone a sea change from the days when democratic nation-state first arose in the 15th Century. Contemporary India is witnessing many instances of targeted violence against one or other community based on their religious affiliation. The Prevention of Communal and Targeted Violence (Access to Justice & Reparations) Bill, 2011 is a step in the right direction. The present paper analyse central provisions of the Bill and then juxtapose it with works of Jurgen Habermas and John Finnis on religion and its interaction with law and suggest bringing more rigorous theoretical background to legislative thinking so that Bill can be made more effective in addressing menace of communal violence.
Keywords: Communal Violence; Targeted Violence; Modernity; Habermas on Religion; Finnis on Religion and Law
