I object to violence because when it appears to do good, the good is only

temporary; the evil it does is permanent

Mahatma Gandhi
The Roots of Violence: Wealth without work, Pleasure without conscience,
Knowledge without character, Commerce without morality, Science without
humanity, Worship without sacrifice, Politics without principles.
Mahatma Gandhi

TITLE
The titled of synopsis is Communal Violence In India: A Critical Study Of Communal
Violence Laws with Special Reference To State Of U.P.

INTRODUCTION;

Communal violence is among the bloodiest and most unfortunate blots in India history, and
deserves very particular attention in the post- independent era of a constitutional secular that
promised equality and justice to all its citizens irrespective of caste, creed or race. Why has this
promise failed? It is true that after over half century of freedom, the frequency of communal
violence appears to be following a long term declining trend. Communal violence are an of
socio cultural difference existing between the communities.
The communal issue associated with the Partition of India was one of the major catastrophes in
Indian history. India faced the worst form of communal violence during the Partition which led
to massive death and destruction.
Even after independence, communal violence continues. The first major clash between Hindus
and Muslims occurred in Madhya Pradesh in 1961. The Ahmedabad riots of 1969 claimed the
lives of about thousand people. The 1984 riots following the assassination of Indira Gandhi was
another black spot. This was followed by the Meerut riots of 1987, Bhagalpur riots of 1989. The
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Mumbai riots of 1992 following demolition of Babri Masjid killed about 1788 people. The
Gujarat riot in 2002 was one of the worst communal carnages in India.
Besides, there were other communal riots that have sprouted out in other parts of India. This
includes the Varanasi bombings of 2006, Kadhamal riots in Orissa, in 2008, Mumbai Massacre
on November 26th, 2008, 2012 Assam violence, and the Dharbhagarti massacre in May 2013
and the latest one Muzafarnagar riots in September 2013.1

Major communal violence taken place in India;

Calcutta riots or direct action day riots (1946)

Partition communal violence (1947)
Delhi Sikh massacre(1984)
Bhagalpur communal violence, Bihar (1989)
Hyderabad communal violence (1990)
Gawakadal massacre, Kashmir (1990)
Ayodhya communal violence (1992)
Bombay communal violence (1993)
Gujarat communal violence (2002)
Assam violence (July 2012)
Naxal attack in Darbha valley in Chhattisgarh( 25 may 2013)
Muzaffarnagar communal violence in Uttar Pradesh ( 25 august 2013 to 17 September
2013)

Brief history of communal violence bill

Prevention of Communal Violence (Access to Justice and Reparations) Bill, 2013. It will enact a
comprehensive law on social violence in all its forms and manifestations, providing for
investigations by a central agency, prosecution by Special Courts and payment of uniform
compensation for loss of life, honor and property.
The amended bill has replaced the 'Communal Violence (Prevention, Control and Rehabilitation
of Victims) Bill, 2005', which was introduced in the RajyaSabha on December 5, 2005.
A Bill titled The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill,
2005 was introduced in the Rajya Sabha on 5.12.2005 to address various aspects of the issue of
communal violence. Notices were given on several occasions, the last being in February 2010 by
1 http://www.civilserviceindia.com/subject/Essay/need-for-prevention-of-communal-violencebill.html

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the Home Minister for consideration and passing of the Bill in the Rajya Sabha. However, the
Bill could not be taken up in this occasions.Meanwhile; the National Advisory Council (NAC)
had informed that a Working Group in NAC would prepare a fresh draft Bill on the subject.
Subsequently, on 25.7.2011 NAC sent to this Ministry for consideration of thedraft Bill titled
Prevention of Communal and Targeted Violence (Access to Justice & Reparations) Bill, 2011,
inter-alia, incorporating provisions for protection of victims, informants and witnesses. The Draft
Bill is under consideration in consultation with various stakeholders.2
In this context, it is essential to examine the need of a bill for preventing communal clashes in
the country. There have been heated debates whether new laws are essential in this respect or
the existing provisions are enough. The Indian penal code encompasses certain provisions to
prevent the communal clashes. Section 141 to 160 provides for various provisions against any
type of communal violence. It has provisions against unlawful assembly, Riot or any sort of
activity which causes disharmony.
Article 335 of the Indian Constitution states- "It shall be the duty of the Union to protect every
State against external aggression and internal disturbance and to ensure that the government of
every State is carried on in accordance with the provisions of the Constitution"
However, the recurring communal riots prove that the existing provisions have not succeeded in
preventing communal clashes in India. It is in this context that the necessity of a bill to prevent
communal clashes arises.
The Bill also intends to provide for the restorative relief, rehabilitation and compensation to all
persons affected by communal violence.The Bill also aims to prevent atrocities, sexual assault,
unlawful assemblies, hate propaganda etc being organized leading to communal violence.
The proposed legislation was exclusively in the domain of the States and opposed the move to
bring the Bill in Parliament. It described the reworked draft as a deliberate encroachment upon
the jurisdiction of the States.

The Bill makes it lawful for the state government to take all measures necessary to
control the situation. These could include measures that are currently illegal.

Most of the provisions pertaining to prevention and control of communal violence are
already covered under existing laws. The draft law may prove ineffective if the executive
dithers from taking prompt action to control communal violence.

2 http://mha1.nic.in/par2013/par2013-pdfs/rs-181213/1471.pdf

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Given the requirement of prior sanction of the state government to take cognizance of an
offence by a public servant and the absence of a chain of command responsibility, any
prosecution is unlikely.

The competent authorities appointed by the state government and the district magistrates
have been given the same powers. This could lead to dual authority within an area.3
"The proposed law is biased against the majority community. Even in Mughal period
there was never such a legal provision targeting Hindus. In fact, the Bill will reduce the
Hindus to second class citizens by declaring the community a criminal tribe. At the same
time, the Bill would make the police subservient to minority community,"4

The Congress will adopt all possible measures to promote and maintain communal peace and
harmony, especially in sensitive areas. It will enact a comprehensive law on social violence in all
its forms and manifestations, providing for investigations by a central agency, prosecution by
Special Courts and payment of uniform compensation for loss of life, honor and property.
Communal violence in UP
Uttar Pradesh especially Western Uttar Pradesh has a history of happening communal violence
frequently.
Nonari and Sajni, Uttar Pradesh (November 1972)
In Nonari, the riots began on 15 November after Muslims murdered a Harijan leader; a crowd of
10,000 attacked Muslim houses and shops and started looting and arson. In Sajni on 12
December, a crowd of 5000 started looting and arson after a few Muslim boys tried to molest a
Hindu Brahmin girl of another village. A Hindu boy, who was beaten up by the Muslims, saved
the girl; rumor was spread that the Hindu girl was raped. In Nonari, 107 houses of Muslims were
looted and 76 were set on fire.
Varanasi, Uttar Pradesh(October 1977)
Riots started when students from the Anglo-Bengali College and young men from the adjoining
locality of Muslim weavers clashed over the question of whether the spreading of yarn by
weaver boys on a part of a playground was restricting the space available for students to play. 5
Muslims were stabbed after being dragged out of a cinema hall and several injured. The police
instigated the riots by going to the Muslim locality and beating up the weavers. This led to a
worsening of the situation and further clashes taking place. In another incident the police did not
3 http://www.prsindia.org/billtrack/the-communal-violence-prevention-control-and-rehabilitation-ofvictims-bill-2005-165/
4 http://timesofindia.indiatimes.com/city/nagpur/VHP-targets-Sonia-over-communal-violenceBill/articleshow/9450179.cms
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make proper arrangements when a Hindu procession was crossing a Muslim locality. The police,
instead of firing at the miscreants in the stabbing incident, started firing on the Muslims.
Sambhal, Uttar Pradesh (March 1978)
23 Hindus, 2 Muslims a big trading centre for smugglers and bootleggers. There was trade
rivalry between the Hindus and the Muslims who wanted to dispossess the Hindus of their
property.
Aligarh, Uttar Pradesh (October 1978)
Immediate reason for this particular riot was the murder of a Hindu. A Hindu procession was led
demanding the punishment of the murderer but violence erupted when the procession was
crossing the Muslim populated area. During the riots the ruling party office bearers used strongarm methods to secure the release of some anti socials arrested by the police as a preventive
measure.
Moradabad, Uttar Pradesh (August 1980)

Id-prayers were disrupted and scores of people, including many young children, died in a
stampede at the Idgah. The riot occurred on this particular occasion when a police constable on
duty refused to chase a pig when asked by Muslims in the Idgah. A number of Harijan slums and
Muslim refugee camps were attacked. About 1500 to 2000 persons were killed. The population
of Moradabad is evenly distributed between Hindus and Muslims. The towns brassware industry
is the main source of its income. Most of the artisans in the industry are Muslims, but the traders
and exporters of the finished products are Hindus. There has been a long standing rivalry
between the Muslims in this area and the Valmikis, traditionally sweepers. Constant clashes
occur between them over land, and the straying of pigs into the Muslim locality. riots in
Moradabad was followed by Biharsharif, Merrut, Baroda, Bhiwandi, Pune and Sholapur. The
PAC played a communal role, and in one particular incident 15 Muslims were killed by the PAC.
Meerut, University (September 1982 )
Press dispute over a Shiv temple and a Mazaar in two adjoining buildings in the highly sensitive
Shahghasa area. Around 12 persons were dead and 30were injured. In the elections that took
place before the riots, a Muslim MLA was elected, displacing the BJP candidate. Soon after, the
riots broke out over a trivial issue. Outside forces, which included the Shahi Imam of Delhis
Jama Masjid and some BJP leaders joined the fray. The worst sufferers of the riots were the
Ansaris, Muslim weavers.
Meerut (April, May 1987)

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The PAC had killed a number of young men and thrown their bodies into a canal during these
riots. The media however played a positive role in uncovering the communal role played by the
PAC in killing innocent people. In April 1995 that the Mulayam Singh Government announced
that the 19 guilty policemen would be prosecuted. The lower-middle class, the middle strata of
the population had participated in large numbers in these riots, while large section of the Harijans
attacked localities inhabited by the Muslims. In some areas the rioting was between the Harijans
and Muslims. The mere presence of the PAC in Muslim majority mohallas created a feeling of
insecurity among the Muslims, while Hindus wanted the deployment of PAC in their localities.It
was blamed the police for its biased attitude in its report and stated that the Hindu communal
groups aggravated the situation Minority Commission headed by Shri N.C.Saxena.675 peoples
were dead and 40 injured .
Lucknow(October, 1990)
After the BJP chief started the Rath Yatra 33 army had to be deployed. But despite its presence it
became difficult to bring the situation under control and the riots became a regular feature for the
next two months.
Agra(November 1990)
Situation in the city was tense due to the Rath Yatra by L.K.Advani. The incident that led to riots
was the stabbing of a scooter rider. 20 to 22 similar incidents occurred during the same time at
different places. The VHP leaders in the town were engaged in instigating communal sentiments.
The city remained disturbed for nearly two months, despite the curfew imposed.
Kanpur (April-May 1990)
The city was a victim of communal riots thrice within a year. 30 Communal violence resulted
from a clash between mafia dons to establish a foothold in politics by communalizing incidents
that resulted in violence. The city was tensed during this time due to the Rath Yatra organized by
the BJP, RSS and VHP. Therefore communal riots could break out with slight provocation. But
the riots that broke out in May were organized and planned. It started with the aggressive BJP
storm troopers taking out procession in Muslim dominated Lakkarmandi area and hurling abuses
at the community. This was a followed by retaliation from few Muslims and four persons got
killed. The next day disturbances began again due to a BJP meeting which was right in front of a
thickly populated Muslim area. This led to communal riots and the police had no control over the
mob.

Benaras, UP (May-November 1991)

Rioting began on Election Day when the Hindus allegedly prevented the Muslims from voting;
In November the riots began with the Kali religious procession organized by Nav Sangh Club. Its
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members were divided into two groups, one of which was led by the BJP-VHP-RSS. When the
procession entered a Muslim locality, slogans were shouted, and crackers were burst. Rumors
spread that the idol was broken by the Muslims. In Benaras, a large number of Muslims are
weavers and they suffered the most during the riots. The rioters were led by the PAC. Most of the
Muslims are weavers though some have turned entrepreneurs and are prosperous. The present
phase of riots in Benaras is also a result of the growing competition between the prosperous
Muslim entrepreneurs and traditional Hindu traders. The police force in Benaras after the Ram
Janmabhoomi episode was highly communalized between 1967 and 1991 Benaras witnessed 12
communal riots. In November 1991, , Instead of the anti-social elements it was the police that
looted and terrorized the Muslims.

Baroda (April-July 1991)

A boy was hit by an auto rickshaw a result of aggressive electioneering by the BJP; since the
atmosphere was already tense this small incident was only an excuse to start the riots. The city
once again witnessed communal frenzy on the occasion of Muharram. The frequent riots in the
city are a result of communal politics. Moreover, the city is very congested with Hindus and the
Muslims living almost in segregation. There is a high rate of unemployment, poverty and lack of
education, which exacerbates the riots.
Baroda, UP(May 1991)
Communal riots erupted on the Election Day, because the BJP was upset that it would to lose the
Meerut city seat. The Janata Dal candidate received the Muslim and Dalit votes while the BJP
got the Hindu votes. There was thus a complete polarization of votes.
Rankhandi, UP (June 1995)
Hindus objected to the construction of a mosque. After the Mosque was finally constructed, a
crowd collected and destroyed it The Muslims alleged that the police were a silent spectator. One
of the Samajwadi Party leaders alleged that the violence was designed to punish the SP workers
by the Mayawati government. Though the village Rajputs supported defusing the conflict, the
attitude of the village head was instrumental in instigating the violence.
Kanpur (January 1998)
An attack on the Imam of a mosque; the protests following it turned to clashes between Hindus
and Muslims. The police claimed that the clashes were an outcome of the Lok Sabha elections
which were to take place. Kanpur has also been communally volatile in the past and in the recent

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years, with the organization of rallies and processions by the BJP the number of such incidents
has increased further.
Moradabad, University Press (May 1998)
Rioting broke out after an acid bottle was thrown on the taziah procession allegedly by BJP
supporters .Around 80 people were arrested including several political leaders who tried to visit
the riot affected areas. The Moradabad riots took a serious turn mainly due to the alleged
involvement of the political parties.

Kanpur (March, 2001)

The protest march taken out by the Students Islamic Movement of India (SIMI) over the burning
of a copy of the Quran turned violent and the procession was fired upon by the PAC killing 12
persons, all young Muslim boys. The PAC was itself a party to the looting that followed. The
SIMI has spread communal poison over the years and instigated the minds of Muslim youths
through provocative posters. In spite of its controversial role the PAC is deployed as soon as a
disturbance emerges.
Moradabad, UP (July 2001)
A gang of miscreants attacked the houses of the minority community no one was arrested. The
police said that the motive behind the clashes could have been robbery. But, a deputation of the
Jamait-ul-Ulema visited the village and refuted the police theory, because those killed were very
poor and had hardly anything in their houses worth robbing.5
Faizabad, October 2012
The simultaneous riots in five towns of Faizabad district were the most disgraceful as this district
had remained free from violence even during the Ram temple movement and the demolition of
the Babri mosque in 1992.
Ghaziabad, September 2012
Seven Muslim youth were shot dead by the police after an unruly mob attacked the Masuri police
station in Ghaziabad. Seven Muslim youth were shot dead by the police after an unruly mob
attacked the Masuri police station in Ghaziabad.
Bareilly, July 2012
5 file:///C:/Users/Mankamini/Downloads/Communal%20Riots%20in%20India-%20A
%20Chronology%20(1947-2003)%20(4).pdf
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Communal riots occurred in Bareilly on the first day of fasting during the holy month of
Ramzaan on 22 July.
Kosi Kalan, Mathura, June 2012
Five people were killed and over two dozen injured in the communal violence.
Asthan, Pratapgarh District, May 2012
This was the first major incident of communal violence during the Akhilesh Yadav government.
The violence erupted in Asthan, a Muslim dominated village, after a girl of the Dalit community
was allegedly gang raped.6
Communal violence (year2013)
A maximum of 247 communal violence-related incidents, which claimed 77 lives, took place in
Uttar Pradesh in 2013Uttar Pradesh also recorded a maximum of 360 people being injured in
these incidents during 2013. As per the latest available information received from Uttar Pradesh,
2,516 people are still living in two regular relief camps and four satellite camps in Shamli
district. As per report from the state government, the death of 33 children up to the age of 15
years was reported to a committee set up by the state government in response to directions of the
Supreme Court in a writ petition.7
Aims and Objective of the Study
In view of the foregoing discussion the main object of the present research work is to examine
the communal violence regulatory framework in India from socio-legal angle, both intensively
and extensively. The research shall concentrate on those laws and regulatory framework covering
rules and principles which relate primarily to the laws governing communal violence. In this
context the present research work shall venture toHistorically trace the origin and evolution of the law relating to communal violence.
6 http://www.tehelka.com/up-recent-incidents-of-communal-violence-under-sp-rule/

7 http://www.thehindu.com/news/national/maximum-riots-took-place-in-up-in-2013govt/article5656627.ece

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Examining the constitutionality of laws relating to communal violence and examining the
recognition of related law at international and national level.

Critically evaluate and discover the lacunas in the regulatory mechanism relating to
communal violence in India and make a comparative analysis with other countries.

Critically examining the judicial approach towards this branch of law.

Propose suggestions in various legal provisions to remove the lacunae, to plug the loopholes
and to make it more effective and make recommendations for strengthening the efficacy of
existing legal mechanism for achieving the desired results in the changing Indian society.

Significance of the Study

Therefore, the importance of this research would lie in the fact that it would explore all or most
of the critical issues concerned with violence communal and suggest measures to overcome the
deficiencies in the existing legal system.
Scope of the Study
The focus and orientation of the present work is basically with regard to recent controversies in
India and the emerging challenges in the Indian context. The present work also imports and
borrows the principles, doctrines, rules, regulations and laws in other developed legal systems
particularly the practices in other countries. The study explores the possibilities of importing and
transplanting the fundamental regulation and monitoring of communal violence as prevalent in
these countries.

Research Methodology

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The methodology adopted for the research is doctrinal, analytical and descriptive. It would
involve study of books and commentaries particularly on the laws which prevent communal
violence, Indian penal code, and other preventive laws in India Constitutional law of both India.
A qualitative evaluation approach shall be utilized for this research leveraging subjective
methods such as interviews and opinions to collect substantive and relevant data.
For the purpose of convenience and better understanding of the thesis it is important to
conceptualize the research into two basic facets. Firstly, a descriptive study of existing legal
framework in Indian context is adopted and then research shall give some suggestive measures
on the basis of analysis of comparative dimensions.
The research would mainly focus on the primary sources
like Statutes and Research Committee Reports and secondary sources like books, articles,
journals, pending/decided cases, case controversies and news in magazines/web portals/news
papers and websites. Opinions of research scholars, professors, experts and other probable
stakeholders, who have dealt with subjects relating to the present topic on hand, shall be used as
real contribution to this work.
Review of Literature
In order to proceed with the present research work effectively, there was a need to be familiar
with the laws dealing with communal violence issue. Some research work has already been done
on regulation of communal violence in India and other countries. The most relevant and
important work relating to research work has been reviewed as under communal violence bill
2013 and repots of various commissions and committees set up by the either by central or state
governments or by courts for their recommendations.

Hypothesis
Criminal law in India has to be proved not satisfactory to deal with communal violence the
recent bill regarding communal violence is a futile exercise but nothing else owing its drafting
loopholes
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Plan of the chapters

The research paper shall be written in the form of chapters, starting with an introduction to the
topic, conclusion and suggestions following the entire discussion. The thesis would be divided
into six chapters and these chapters shall be sub-divided into various headings for the purpose of
clarity and convenience.
Chapter I shall be Introduction of the proposed research. This chapter shall trace the historical
back ground of communal violence in India. It shall further mention the factors responsible for
communal violence.
Chapter II shall deal with communal violence and legislation in India. Right to life and
personal liberty as guaranteed under Article 21 and communal violence (access to justice and
aspiration) bill 2013 shall be studied in respect of speech over communal violence.
Recommendations of various committees shall be analyzed.
Chapter III shall deal with judicial approach regarding communal violence in light of
Indian cases (Jahira Shekh case, Best Bakery case etc) . This chapter shall discuss the right of
and remedies of victims and punishment for the offender sunder the communal violence (access
of justice and aspiration) Bill 2013 and various other kinds of offences which are committed in
communal violence. Guideline, directions, applications shall be analyzed in the wake of judicial
pronouncements made by the courts in India relating to communal violence cases.
Chapter IV shall discuss the communal violence and rehabilitation policies, A critical
analysis, policies of central government and policy of state government.
Chapter V shall deal with the communal violence in state of u.p. some case studies.
At last, Chapter VI shall give conclusion and suggestions.

References

Primary Sources
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A.Reports of committees /Drafts/Commissions

Report of B.N. Srikrishna commission Riots of formed 199293

The Liberhan Commission (Liberhan Ayodhya Commission of Inquiry) formed on 16
December 1992
Report of Justice G.T. Nanavati commission was established by the Indian Government
in 2000 to investigate the 1984 anti-Sikh riots
Report of The Nanavati-Shah commission was the commission of inquiry appointed by
the government of Gujarat to probe the Godhra train burning incident of 27 February
2002.
Muzaffarnagar Justice Vishnu Sahai Commission constituted on September 9 by the UP
government to probe the recent Muzaffarnagar violence starting from Kawal incident on
August 27 till September 9, 2013.

Other commissions set up for the probe of communal violence in India

1961 Jabalpur Justice Shiv Dayal Srivastava Committee

1967 Ranchi Raghubir Dayal Commission

1969 Ahmedabad Justice P Jaganmohan Reddy

1970 Maharashtra D P Madan Commission of Inquiry

1979 Jamshedpur, Bihar Jitendra Narain Commission of Inquiry

1980 Moradabad Justice M P Saxena

1981 Biharsharif, Bihar Balasubramanian Commission

1984 Delhi Justice Jaggannath Misra Commission 1985

1989-90 Bhagalpur Bhagalpur Communal Riots Inquiry Commission

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1998 Coimbatore P R Gokulakrishna Commission of Inquiry

1999 Manoharpur, Orissa Wadhwa Commission probed burning of Graham Staines

2002 Ahmedabad Justice Nanavati and Justice K G Shah

2011 Gopalgarh, Rajasthan Justice Sunil Kumar Garg Commission

B. Statutes
1. Constitution of India, 1950
2. India Panel Code, 1860
4. Criminal Procedure Code, 1973

Secondary Sources
A. Books
1. Siddharth Varadarajan, Gujarat, the Making of a Tragedy (Penguin Books India, 2002)
2. Yuhki Tajima,The Institutional Origins of Communal Violence: Indonesia's Transition
from Authoritarian Rule(Cambridge University Press, 28-Jul-2014 )
3. Asgharali Engineer, Communalism and Communal Violence in India: An Analytical
Approach to Hindu-Muslim Conflict(Ajanta Publications (India), 1989)
4. Dharm Veer Mehta, Sociology Of Communal Violence(Anmol, 01-Jan-1998 )

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