This article is written by Rachit Garg from University of Petroleum and Energy Studies, Dehradun. The aim of this article is to give a brief detail of the causes of communal violence in India along with existing laws to stop the same.
Table of Contents
Introduction
Religious/communal violence is a form of violence that is perpetrated across ethnic or communal lines, the violent parties feel solidarity for their respective group. It is referred to as any act, either spontaneous or planned which results in injury or harm to any person/property with the intention of doing so, directed by the virtue of his/her membership to a religious group.
It has a long history in our country. It did not grow suddenly and is rooted in the past. It is not confined to Hindu and Muslim as violence against Christians has also increased recently.
What is the cause of Communal Violence in India?
It was believed by the lawmakers of our nation that partition will solve the problem of communal violence in India. However, it turned out to be the complete opposite.
It becomes important to study the reasons behind this communal violence in India that are so deeply enrooted in our society in order to eradicate it.
The reasons can be divided into the following three types:
- General
- Religious
- Trivial
General issues
Divide and Rule Policy
The divide and rule policy used by the British has still left an impact on Hindu-Muslim relations. However, on various occasions, Mahatma Gandhi made various efforts to bring back the spirit of brotherhood among both the communities but failed miserably.
Partition of the Country
The situation became worse after the nation was divided into two. Before partition, every citizen was considered to be an Indian. However, after it, Muslims became a minority in India while Hindus and Sikhs became minorities in Pakistan. From time to time, allegations of persecution of minorities have been made in both countries.
Struggle for Identity/Class Conflicts
Class conflict or class stratification refers to the division of societies. The same internal division has led to tension among these regional groups. It has been argued by various scholars that different societies behave differently based on their economic needs which often get triggered by religious issues which further leads to communal violence.
Political Factors
In most cases, it has been seen that communal violence has been politically motivated. It has been believed by many communalism and communal conflict are means to a political assertion.
Regional Issues
Proselytization
Proselytization is referred to as an attempt to convert someone’s religious faith and it has been one of the major sources of communal violence as it led to great resentment among people.
In 2008, the conversion of Adhivas and Gorkhas to Christianity led to communal violence against the Christian community in Odisha, Gujarat, Madhya Pradesh, and Uttarakhand.
Hurting Religious Sentiments
It has been seen that hurting religious sentiments of a particular religious group led to communal violence.
In 1982, religious violence took place in Patiala and Amritsar due to a demand for a total ban on cigarette sales in Amritsar.
Trivial Problems
Besides the general and religious problems, it has been seen that due to some trivial problems, communal violence can take place. Some of the problems have been listed below:
- Cow Slaughter
- Disputes over places of worship
- Emotional and insecurity
- Personal Quarrels
- Showing insulting signs or symbols
Recent Communal Violence Cases
Article 370 Issue
In August 2019, the central government of India revoked Article 370 of the Indian Constitution, a provision that gives a special status to the state of Jammu and Kashmir to make its own laws. The provision limited the power of the government to make laws for the state. Moreover, it allowed it to have its own constitution along with its own flag, however, the state could not take decisions related to defense and foreign affairs.
The central government deployed troops in the state and ensured a whole state lockdown. This decision led to widespread protests and violence throughout the state leading to a number of casualties.
The Citizenship Amendment Act (CAA) Issue
Recently the central government passed this act according to which any person, being a Hindu, Sikh, Buddhist, Jain, Christian, or Parsi refugee from Afghanistan. Pakistan, or Bangladesh, has entered India on or before 31st December 2014 without any documents (passport and visa) will not be treated as an immigrant.
According to Section 2 of the Act, such a person will be granted Indian citizenship by naturalization after 6 years of continuous residence. The act is still in controversy because it does not give any such rights to the Muslims from these particular states. Religious protests were held throughout the nation against the act. The most affected being New Delhi, where there have been many casualties.
Present Laws and Legislations
Presently, there are various laws and legislations in India to regulate and prohibit communal violence in India. However, for the purpose of this article, a special emphasis will be on the Indian Penal Code and particularly the punitive provisions of the same.
Office against Public Tranquillity
Unlawful Assembly
Section 142
According to Section 141, unlawful assembly refers to the assembly of five or more people to disobey the law or when sanctions are imposed by the government. According to Section 142, if any person becomes a member of an unlawful assembly in any manner and at any time, and if one has the knowledge of the unlawful nature of the assembly and still continues to be a part of it, he/she becomes liable for all the acts of such assembly.
Section 143
As per this Section, if any person, who is a member of an unlawful assembly, shall be liable to be punished with imprisonment up to six months, or with fine, or with both.
Section 149
This Section makes the person vicariously liable if proved to be sharing a common objective of the unlawful assembly, engaged in rioting, arson, assault, looting, etc.. He/she will be guilty of the offence.
Section 151
According to Section 129 of Cr.PC, the state can prohibit an assembly of five or more persons if there is likely to be a disturbance of public peace. If someone fails to disperse after such an order is pursued, such a person can be punished under Section 151 of IPC with imprisonment which may extend to up to six months, or with fine, or with both.
Joining an Unlawful Assembly with Deadly Weapon
Section 144
According to this Section, If any person, who is a member of an unlawful assembly is armed with a deadly weapon or a weapon likely to cause death then such a person is punishable with imprisonment for up to two years, or with fine, or with both.
Section 145
According to this Section, if anyone joins or continues to be a member of an unlawful assembly, even after it has been given a command to disperse, then such a person is punishable with imprisonment for up to two years, or with fine, or with both.
Rioting
Section 146
The judicial system of India takes cognizance of communal violence under the purview and scope of Section 146. No other section of IPC defines it deals with communal violence or communal rioting. This is the only section related to it which refers to “rioting”. Cases are filed under this section.
Section 147
This Section provides punishment for the act of rioting, which is imprisonment for up to two years, or with fine, or with both.
Section 148
This Section punishes the person who is armed with a deadly weapon while committing an offensive act of rioting. Such a person is punishable with imprisonment for up to three years, or with fine, or with both.
Promoting Enmity between Different Groups
Section 153-A
- This Section provides punishment to those who promote enmity between different groups on grounds of race, religion, place of birth, language, residence, etc..
- Also makes the promotion of disharmony or feeling of ill-will a punishable offence
- Such a person can be imprisoned for up to three years, or with fine, or with both.
- However, if the offence is committed at a place of worship, such a person can be held punishable for a period of five years and with a fine.
Section 153-AA
Added in 2005, this Section makes the act of carrying arms in any procession which often lead to a communal situation punishable and such a person can be held liable with imprisonment for up to six months and a fine of up to two thousand rupees.
Section 153-B
Keeping into consideration the increased tension and communal violence in different parts of the country, this Section was added to IPC in 1972. According to this Section, if anyone commits the offence at a place of worship or a place where there is an assembly for religious worship or religious ceremony, then such a person will be held liable with imprisonment for up to five years and with a fine.
Defilement of Places of Worship
Section 295
According to this Section, If any person destroys, damages, or defiles a place of worship having the intention of insulting the religion, then such a person is punishable with imprisonment of up to two years, or with fine or with both.
Prevention of Communal and Targeted Violence Bill, 2011
The bill intended to curb the problem of communal violence and riots in India but was opposed by the opposition and was not passed.
The bill was drafted by the National Advisory Council (NAC), led by Sonia Gandhi, and was originally proposed by the United Progressive Alliance (UPA-1) in 2005.
The bill seeks to fulfil the following objectives:
- It imposes a duty on both, the Central and the State Government to exercise their power, in a non-discriminatory manner in order to control and prevent any attempt of targeted violence against any member belonging to a minorities group (which included Scheduled Castes (SCs) and Scheduled Tribes (STs) and other religious or linguistic minorities in any state of India.
- It made provision for investigation, prosecution, and trial of offences.
- It prohibits discrimination (on grounds of sex, community, religion, caste, and race) while providing relief and compensation to the victim of communal violence.
- It ensures to provide restorative relief and reparation.
- It provides a provision to ensure the protection of victims, witnesses, and informants.
- It ensures the victims of communal violence get appropriate compensation assessed by the relevant authorities.
- It provided for rehabilitation, restitution, and compensation to all persons affected by communal violence.
Why was the bill opposed by the government?
According to the bill, communal violence happens only against the “groups” composed of linguistic and religious minorities (including SCs and STs). it failed to be of any use in a situation where there is violence against the majority by the minority. The bill appears to be a minority favoured and thus no member of the majority can ever be a victim. If this bill had been passed, it would have opened up the scope of abuse, not being chargeable under this act.
As per the 7th Schedule of the Indian Constitution, “law and order” is a state matter and the central government cannot direct the state for the same. The bill included what sort of action can be taken against state government officials if they fail to prevent such a situation, and moreover provided guidelines for its maintenance. Due to these reasons, the central government had absolutely no jurisdiction in bringing such a bill.
Conclusion
The problem of communal violence is heavily rooted in our society. There are various causes for the same and it can be said Britisher’s presence in India was one of the contributing factors that it is still so deeply engraved within us. Attempts have been made in order to improve the laws that can be more stringent in handling the situation. However, all such attempts failed due to their shortcomings.
However, it can be said that the present laws in India are more than sufficient in handling the situation. Instead, what is lacking behind is the proper implementation of the laws by the state. For example, it has been seen that the problem is with the police’s unwillingness to handle the situation of violence rather than the shortage of police force. Such a scene was witnessed in the Delhi protests recently.
Moreover, past instances have shown negligence on the part of the State Government in not handling the situation effectively. So it can be said that there is a need for better implementation of present laws rather than separate legislation in place.
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