DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY,

SABBAVARAM, VISAKHAPATNAM, A.P., INDIA

TITLE OF RESEARCH PAPER

COMMUNAL TENSIONS

NAME OF THE SUBJECT

SOCIOLOGY-II

NAME OF THE FACULTY

DR. M. LAKSHMIPATHI RAJU

STUDENT DETAILS

K. RAHUL KANTH,

19LLB024,

SEMESTER – 2.
 ACKNOWLEDGEMENT

I would sincerely like to put forward my heartfelt appreciation to SOCIOLOGY-II

faculty DR. M. LAKSHMIPATHI RAJU garu, for giving this me this golden opportunity to
take up this research paper regarding “COMMUNAL TENSIONS”. I heartfully thank the
faculty member for the perpetual backing in my research for making his paper done.
I thank the university library without which I would have not accessed the abundant
sources of information for this research. I have tried my best to collect information about the
project in various possible ways to depict a clear picture of the given project topic.
 ABSTRACT

“Spasmodic manifestation of a strained relationship between religious communities.

Growing conflicts frequently include the lower classes of society. In times of communal tension,
reciprocal connections between communities are disrupted and communal emotions are ignited
by vicious propaganda. This is sometimes expressed as communal riots. The middle and upper
classes rarely take part in such protests, but they provide moral and material support. Each
episode of communal upheaval and tension leaves behind a legacy that can become a source of
communal tension in the future. Communal riots began in India in the last quarter of the 19th
century. India experienced the height of communal riots before independence between 1923 and
1926. In the sense of communal violence, people's presence is being directed against another
group. The protests here are spontaneous, uncontrollable, bringing irrational anger and
aggressive gestures that take the form of riots. The degree of violence and the techniques used to
conduct violence often differ in the sense of communal violence. The most popular innocent
people who suffer communal violence are those who are trapped inextricably in circumstances
beyond their control. A preventable loss of life is happening and vital public property is
destroyed. This lends itself to hooliganism, and the situation is often abused by anti-social
elements by plundering or giving in to actions purely for their personal gain. Anti-national forces
are given the opportunity to fan anti-national feelings and seek to create an atmosphere to disrupt
the stability of our society. The climate of confusion and internal turmoil dissuades foreign
investors from setting up their businesses in India. The deployment of large-scale security forces
dissipates the state check and may result in occasional human rights abuses. The Human
Development Index of society is adversely affected by these obstructive constraints on the
fundamental right to human freedom. Proper delegation of responsibility and authority must be
defined in such a way that no one looks at the shoulder at a time of crisis. It is also very
important to hold the person in charge accountable for any misgivings or on the part of the
authority. States should create emergency funds for the purchase of basic goods, such as drugs
and meat, or for the payment of human losses. The social environment offers a ready-made soil
for communal minds to sow seeds of racial hate and cultivate them until the bitter harvest of
communal violence is harvested. As an emerging society, particularly the youth, we need to
come together to combat the divisive forces and rise above our pettiness for the sake of humanity
and the protection of our great nation.”
 SYNOPSIS

OBJECTIVES AND AIM OF THE STUDY:

1. To know about the legislative provisions which are against the Communal Tensions.
2. To know about the causes of Communal Tensions in India.
3. To know about the role of police and Government in curtailing Communal Tensions in
India.

SIGNIFICANCE OF THE STUDY:

1. Partnerships between the state, the public, NGOs and legal experts are important in order
to ensure a peaceful environment. This work can therefore be used in policy-making,
regulatory environment, professional associations, research and education.
2. It will allow the National Human Rights Commission to pursue its agenda towards a
better and healthier society.

SCOPE OF THE STUDY:

The scope of the study is limited to the communal tensions prevalent in India.

LITERATURE REVIEW:

The information is collected from some primary sources and various secondary sources like
books, articles, sections, research works, and some other statistics.

RESEARCH METHODOLOGY:

The research method is doctrinal.

TYPE OF RESEARCH:

The research is descriptive and exploratory in nature.

HYPOTHESIS:

Whether communal tension is leading to the deterioration of peace of the society.

RESEARCH PROBLEM:
Reasons for the communal tensions which are prevalent in India, which led to conflicts between
different communities.

NATURE OF THE STUDY: Doctrinal in nature.

IDENTIFICATION OF VARIABLES: -

1. DEPENDENT VARIABLES: Terrorism, Violence, etc. which are prevalent in

India due to communal tensions.

2. INDEPENDENT VARIABLES: Divide and Rule Policy, Poverty, Presence of

communal parties, cross-border factors.

CHAPTERIZATION:

1. Communal Tensions
2. Causes of communal tension
 General causes
 Religious causes
3. Consequences of Communal Violence
 Terrorism and Human Right Abuses
 Lawlessness
4. Varanasi Riots, 1977
5. Bhivandi Riots, 1984
6. Godhra-riots 1985
7. The role of the Police
8. The role of the Government
9. Legislations
10. Conclusion
11. Suggestions
12. Bibliography
INTRODUCTION:

Communal tensions are the conflicts between two or more communities following conflicts of
the interests of their communities. The basic reason for all communal disruptions is the social
environment that permeates the country and the racial friction that exists between the different
communities. Conflicts between two or more groups as a result of conflicts of interest to their
populations are common tensions. The basic reason for all communal disruptions is the social
environment that permeates the country and the ethnic conflict that exists between the different
communities.

1. COMMUNAL TENSIONS:

Communal violence is a form of violence that is perpetrated across ethnic or communal

lines, the violent parties feel solidarity for their respective groups, and victims are chosen based
upon group membership.1 The term includes disputes, protests and other forms of violence
between groups of different religious or ethnic backgrounds.2 The Office of the United Nations
on Drugs and Crime considers all disputes and forms of violence between people of different
religious groups, sects or tribes of the same religious group, families, ethnic origin or national
origin as communal violence.3 It, however, excludes dispute between two people or two families.
Communal Tension is also found in other countries. Communal violence is also taking place in
Africa, the Americas, Asia, Europe and Australia. The term was constructed by the British
colonial authorities as it wrestled to manage violence between religious, ethnic and disparate
groups in its colonies, particularly Africa and South Asia, in early 20th century. 456 Specifically,
tribal violence in different parts of the world is referred to as ethnic violence, non-state war,

1
Horowitz, D.L. (2000) The Deadly Ethnic Riot. University of California Press, Berkeley and Los Angeles, CA
2
Communal Oxford Dictionaries
3
Homicide, Violence and Conflict UNODC, United Nations
4
Gerry van Klinken, Communal Violence and Democratization in Indonesia – Small Town Wars, ISBN 978-0-415-
41713-6, Routledge
5
Arafaat A. Valiani, Militant Publics in India: Physical Culture and Violence in the Making of a Modern Polity,
ISBN 978-0230112575, Palgrave Macmillan, pp 29–32
6
David Killingray, Colonial Warfare in West Africa, in Imperialism and War: Essays on Colonial Wars in Asia and
Africa (Edited by Jaap A. de Moor, H. L. Wesseling), ISBN 978-9004088344, Brill Academic
violent civil unrest, unrest among minorities, widespread racial violence, inter-communal
violence and ethno-religious violence.7

There have been numerous instances of communal violence in Central, South and
Southeast Asia. Singapore, for instance, experienced a wave of communal violence between the
Malays and the Chinese in the 20th century.8 In the Indian subcontinent, numerous records from
the 18th to 20th century of the British colonial era mention communal violence between Hindus
and Muslims, as well as the Sunni and Shia sects of Islam, especially during processions related
to the respective religious celebrations.910 The incidence of communal violence in South Asia
increased after the first partition of Bengal in 1905, when discrimination, unequal political and
economic rights were enforced on Hindus and Muslims by Lord Curzon on the basis of religion.
Colonial rule was seen by both sides as benefiting the other side, resulting in a series of
communal riots and the reversal and re-unification of the Bengal partition in 1911.11 In 1919,
after British General Dyer directed his troops to shoot unarmed protesters inside a compound in
Amritsar, killing 380 people, communal violence against British settlers erupted in India. 12
Hundreds of incidents of communal violence occurred between 1905 and 1947, many of them
linked to cultural, political independence problems, including the division of India along
religious lines into East Pakistan, West Pakistan and India. 13 Between 1946 and 1947, there were
some of the worst communal violence of the 20th century, with waves of riots and violence
killing between 100,000 and a million people, from the Hindu, Muslim, Sikh and Jain faiths,
especially in cities and towns along the modern borders of India-Pakistan and India-
Bangladesh.1415 The twentieth century experienced inter-religious, intra-religious and ethnic tribal
violence in the Middle East, South Russia, Eastern Europe, Central Asia, South Asia and South

7
Donald Horowitz (1985), Ethnic Groups in Conflict, ISBN 978-0520053854
8
Leifer, Michael (1964), Communal violence in Singapore, Asian Survey, Vol. 4, No. 10 (Oct., 1964), 1115–1121
9
Bayly, C. A. (1985), The Pre-history of Communalism? Religious Conflict in India 1700–1860, Modern Asian
Studies, 19 (02), pp. 177–203
10
Baber, Z. (2004), Race, Religion and Riots: The ‘Racialization’ of Communal Identity and Conflict in India,
Sociology, 38(4), pp. 701–718
11
Richard P. Cronin (1977), British Policy and Administration in Bengal, 1905–1912: Partition and the New
Province of Eastern Bengal and Assam, ISBN 978-0836400007
12
DRAPER, A. (1981), Amritsar – The Massacre that Ended the Raj, Littlehampton, ISBN 978-0304304813
13
PANDEY, G. (1983), in Editor: GUHA, R., 1983, Subaltern Studies II: Writings on South Asian History and
Society, Delhi, Oxford University Press, pp. 60–129, ISBN 978-0195633658
14
BRISTOW, R.C.B. (1974), Memories of the British Raj: A Soldier in India, Johnson, ISBN 978-0853071327
15
PANDEY G. (1990), The Construction of Communalism in Colonial North India, Oxford University Press, ISBN
978-0198077305
East Asia.1617 According to Indian Law communal violence is, "any act or series of acts, whether
spontaneous or planned, resulting in injury or harm to the person and or property, knowingly
directed against any person by virtue of his or her membership of any religious or linguistic
minority, in any State in the Union of India, or Scheduled Castes and Scheduled Tribes within
the meaning of clauses (24) and (25) of Article 366 of the Constitution of India."18

2. CAUSES OF COMMUNAL TENSION:

GENERAL CAUSES:

Public violence takes place due to a variety of causes. The cycle of communal violence is
very complex. The reasons for the break-up of communal violence, its continued existence,
inadequate policing and other efforts, and the lag in restoring normalcy, are varied and
interrelated. It is therefore necessary to know the general causes behind the question of
communal violence.

The general causes of the problem of communal violence in India can be discussed under
the following headings:

i. Divide and Rule Policy:

The history of Hindu-Muslim antagonism is the product of the strategy of' divide and
rule' introduced by British rulers, which has had a large impact on Hindu-Muslim relations. This
strategy has sown seeds of discord between the communities, which have indulged in serious
skirmishes threatening the security and very life of the country. After the rebellion of 1857, the
British rulers started to divide different communities along communal lines, especially Hindus

16
Gerry van Klinken, Communal Violence and Democratization in Indonesia – Small Town Wars, ISBN 978-0-415-
41713-6, Routledge
17
Tambiah, S. J. (1990), Presidential address: reflections on communal violence in South Asia, The Journal of Asian
Studies, 49(04), pp 741–760;
Vaughn, B. (2005, February), Islam in South and Southeast Asia. LIBRARY OF CONGRESS, WASHINGTON
DC, CONGRESSIONAL RESEARCH SERVICE (2005);
Baker & Hamilton (2006), The Iraq study group report, Random House, ISBN 978-0307386564;
Azra A. (2006), Indonesia, Islam, and democracy: Dynamics in a global context, Equinox Publishing, ISBN 978-
9799988812, pp. 72–85
18
PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND
REPARATIONS) BILL, 2011 Archived 2014-08-14 at the Wayback Machine Government of India
and Muslims in India. It was one of the main reasons that the British rulers carried out their first
survey in Colonial India in 1872. The census of 1872 expressed the distinctions of the minority
and the majority, establishing social consciousness at the start of the 20th century. 19 The census
exercises under Colonial rule have instilled a geographical and demographic knowledge among
the religious communities. The census of religious data has ignited a public discussion on the
scale and development of different religious groups. The division of Bengal in 1905, based on
religion, was a unique example of the fostering of communalism by the British policy of ‘divide
and rule.’ Communal expectations have again been rendered through the political instrument of
separate electorates, in which religious minorities have been granted separate seats in the
legislative bodies according to their proportion of the population in the provinces. This has
expanded the prevalent racial antagonism in the state. Mahatma Gandhi worked hard to bring
back the spirit of brotherhood, except for Maulana Abul Kalam Azad. Nevertheless, any move to
bring the two groups closer failed miserably. Since then, the relationship between Hindus and
Muslims has become more bitter than ever; animosity between them has multiplied. The Indian
ruling class pursued the policy of' divide and rule' of the British rulers in the post-partition period
in relation to the masses of the two groups in order to keep them separated and always fighting.

ii. Partition of the country:

Partition of the country has also created a great deal of resentment and communalized
political processes in post-Independent India. Partition itself was a major disaster for the country.
Until partition, they were all Indians, but after partition, Muslims became a minority in India,
while Hindus and Sikhs became a minority in Pakistan. Allegations of persecution of minorities
in both countries are made from time to time. The seeds of mistrust and disharmony have
gradually given form to large trees, and the communal termites are slowly digging into the age-
old roots of our peace.

iii. Economic Factors:

19
R.N.P. Singh, Riots and Wrongs, Islam and Religious Riots: A Case Study 118 (India First
Foundation, New Delhi, 2004).
 Many have sought to find economic factors behind communal violence. The theories of
the development process consider the causes of economic competition between Hindus and
Muslims in some regions. Economic competition also leads to social tensions, which can easily
turn into communal violence. The unbalanced and exploitative economic relations in Indian
society have been a major cause of communalism and communal violence. In 1929, the Mumbai
riots were described at the time as the result of an economic dispute between Hindu strikers and
Muslim strikers, combined with Hindu antipathy towards Muslim money lenders in the region. 20
Some accounts of the partition riots in Punjab have centred on the role of land scarcity and
disputes between indebted Muslim farmers and predominantly Hindu money lenders in the
country and between Muslim and Hindu business interests in the cities. 21 Economic factors
played a significant role in those manufacturing areas where both Hindus and Muslims were
engaged in the same industry. The question is becoming more complicated, where there are
Muslims who are wage-earning craftsmen. Greater wealth among Muslims leads to an increase
in the intolerance of the majority. Economic competition is clearly the result of social tensions. It
was a root cause of communal riots that were frequently mentioned in some recent writings on
the subject. The riots in Aligarh, Moradabad, Bihar Sharif, Udaipur, etc. are examples. Mushirul
Hasan explains that the riots in Moradabad, Khurja, Aligarh, Bhagalpur, Ahmedabad, Baroda
and Surat are especially targeted because in these cities, Muslim craftsmen, craftsmen, foundry
owners and weavers were rewarded by a favourable economic environment and trade relations
with oil-rich Gulf countries.22 Democratic forces also manipulate the economic backwardness of
their populations to turn them against other communities. The economic crisis in our country
contributes not only to communal violence, but also to atrocities against women, Scheduled
Castes (SC) and members of the poorest sections of society. Communal violence is also
responsible for the current inflation and troubling economic conditions.

iv. Socio-Political Factors:

20
S.I. Wilkinson, “Introduction” in Wilkinson
21
Ibid. For an Economic Analysis of Violence in Rural Punjab, see Stephen L. Keller, Uprooting and
Sound Change: The Role of Refugees in Development (Manohar Book Service, Delhi, 1975).
22
Siddiqui, ibid. See also Mushirul Hasan, Legacy of a Divided Nation: India’s Muslim Since
Independence 287 (Hurst and Company, London, 1997).
 It has been known that there have been conflicts in Indian society between different
trends within Hinduism and Islam. Sometimes, socio-political issues have also been linked to
communal violence. The main aspect that came to the surface was' cow defense' and' Urdu-
Devanagari' controversy. The request for the use of the Devanagari script, first raised by some
Banaras (now called Varanasi) Hindus in 1868 and granted by Lt. Governor MacDonnell in
1900, was related to the friction between the old and the new rulers of the UP. Regional
Gorakshini Sabhas began to emerge from the late 1880s in many parts of Northern India,
becoming more radical and causing intense social tension. On the other hand, at the same time,
Muslim revivalist trends insisted on the need for' Bakharid' (the festival of sacrifice) sacrifices.
Therefore, in 1893, the land was primed for communal violence. In 1967, the attempt to make'
Urdu' the second official language in Bihar was the source of communal violence in Ranchi. In
1994, the launch of the short' Urdu News Bulletin' from the Bangalore Doordarshan (DD) ignited
communal violence in Bangalore. Nevertheless, it was evident that, apart from' linguistic
feelings,' there was definitely a political motive for all the events.

RELIGIOUS CAUSES:

Many scholars have discussed the problem of communal violence through extraordinary
angles but they have perhaps forgotten the violative factor of faith as the perpetrator in the back
of communal violence. However, it has been located through more than a few researches that
religion was once now not the sole thing responsible for the starting place or growth of
communal violence before and after partition. However, faith acts more as an agent identifying
the mind-set of its followers than the motivation or mainspring of communal violence. Religion
has grown to be a cat’s paw in the arms of unscrupulous elements. Let us now examine some
causes in order to understand the problem of communal violence from the non-secular issue and
the spiritual causes responsible for communal violence may additionally be mentioned under the
following heads:

i. Proselytization (or) Conversion:

Proselytization/Conversion is a supply of communal warfare and communal violence.

Frequent conversions precipitated a terrific resentment among people. Assimilation is peaceful
co-existence in a heterogeneous system, which presupposed passivity on the phase of the
assimilated.

The conversion of Dalits to Islam at Meenakshipuram in Tamil Nadu communalized the

Hindu idea in India. The outbursts of communal conflicts after the ‘conversion’ episode indicate
that caste and communal troubles have grown to be intertwined in Indian politics. 23 The
conversion difficulty intensified communal discord in the United States of America and resulted
in communal violence in many parts of the country. The communal violence in Ahmedabad,
Pune and Sholapur in 1982 had been the direct result of the Meenakshipuram conversions.

The current communal violence in opposition to the Christian community in Gujarat,

Madhya Pradesh (MP) and Uttrakhand and mainly in Orissa in 2008 used to be due to the
conversion of Adhivasis and Gorkhas to the Christianity.

ii. Religious Conflicts:

Religious conflicts are the expressions of beliefs on the floor of superiority. The man is
influenced via instinctive impulse and remains on the brute aircraft and due to ignorance, worry
and fancy; deceit turns into dominant with cruelty, jealousy and violence.

There is an ordinary religious revival among the extraordinary communities in our

country. The newfound faith in religion by means of the communities has, however, given rise to
various problems. Every religion teaches its followers that its understanding and interpretation of
God, Prophet, etc., is the satisfactory and the ultimate. The high-quality faith in one’s spiritual
beliefs and a feeling that nonbelievers in these are faulty human beings who derive to be
informed involving the correct path, lead to conflicts, which might also be termed as non-secular
conflicts. Normally, the destruction of locations of worship of different neighborhood and forced
or voluntary conversions have been supposed to be phase of religious duty. Thus, communal
violence breaks out because of ‘Jehads’, ‘Crusades’, etc., the religious dogmas, division and
worship lead to open conflict, threats to social order and integration.

23
A.A. Engineer, Communal Riots After Independence: A Comprehensive Account 24 (Shipra
Publications, Delhi, 2004)
iii. Religious or Communal Organizations:

These corporations have big assets and command workers to protect their interests due to
alleged injustice achieved to them. These companies have great capital formation, buildings,
workers and land and normal large earnings from their patrons.29 The problems rose with the aid
of these corporations and large-scale mobilization of the human beings to acquire communal
objectives, helped such organizations in gaining legitimacy by means of posing themselves as the
actual representatives of their community.

These groups have been promoted as the prestigious boards of a specific neighborhood
and they take a lead to create all sorts of communal disturbances. Various inquiry commissions
have hooked up the position of communal organization in fomenting communal trouble. The
Madon Commission (1970) held branches of communal agencies like the Shiv Sena, Bhartiya
Jan Sangh, Hindu Mahasabha and Tamir-e-Millat responsible for fomenting communal tension.

However, religious/communal organizations in free India proceed to make the most the
situation; the tug of battle between them has intensified the communal divide; their leaders thrive
on spreading hatred. One believes in extermination of the different group the different in
retaliation. The communal violence is as a consequence prepared by using vested powerful
semi and quasi-politically affiliated groups. It is, therefore, necessary that such organizations
need to not be allowed to ransack the lives and homes of innocent people.

iv. Religious Celebrations:

The manipulation of spiritual processions by means of political leaders is an old

phenomenon. Processions grew to become significant motors of violence, when local power
politics was once at stake. Communalists use religiosity for boundary definitions in political and
different spheres. Their emphasis remains on religious festivals, processions, etc. They attempt to
promote cohesion by exaggerating incidents when such processions have been infringed upon.

Planned and geared up efforts are made for the public overall performance of religious
rituals. Even the scale of organizing the public performance of religious rituals becomes a
trouble for opposition among rival communalists. Show of strength at the time of non-secular
fairs has also turn out to be a new behavioral pattern. When a procession of a specific
neighborhood passes through the location of the other community, attempts are made to shout
slogans or tease them. This regularly creates a communal clash.

Recently, due to spiritual celebrations and processions communal disturbances have been
stated from Baroda, Sewari, Moradabad, Jabalpur, Titwala, Ahmednagar, Ujjain, Nandurbar,
Lucknow, Bareilly, Hyderabad, Dhule, Malerkotla, Varanasi, Kolhapur and Azamgarh.

Thus, religious processions emerge as an irritant for causing communal violence. Further,
different religious processions, on activities of each Hindu and Muslim festivals are predominant
elements responsible for communal violence.

3. CONSEQUENCES OF COMMUNAL TENSIONS:

Since the previous 15 years, all over India, an increasing style in the direction of
communal frenzy and rioting has been witnessed. The lives misplaced go into hundreds and even
these mildly affected, have been left with a lasting impact. One might also say that the
destruction added about by using some of the herbal failures like floods and droughts has been
even extra devastating. But the issue that strikes one most is that the communal frenzy has no
basis in anyway in nature’s whims. It is completely rooted in human society. Consistently every
year there have been more than one hundred fifty clashes killing thousands and making hundreds
homeless, jobless and rootless.

A. Number of Communal Incidents & Persons Killed Between 1971 and 1980 (From Business
Standard August 10, 1981):

In 1971, the number of communal incidents amounted to 321. The percentage of Muslims
killed in total was 63.11%. In 1976, the number of communal incidents amounted to 169. The
percentage of Muslims killed was decreased to 48.72%. In 1980, the number of communal
incidents were 427. The percentage of Muslims killed was 74.13%. An endeavour can be made
to apprehend the dynamics of the communal state of affairs by using the usage of some pre-
existing concepts, but it is ridiculous to thrive on more abstract generalization. One has to base
one’s analysis in a concrete context. These communal tensions lead to lawlessness, terrorism and
human right abuses.

B. Terrorism and Human Right Abuses:

Terrorism is, in the broadest sense, the use of intentional violence, normally towards
civilians, for political purposes. It is used in this regard chiefly to refer to violence at some stage
in peacetime or in context of conflict towards non-combatants. While a democratic country
espousing civil liberties may also declare a sense of higher moral floor than different regimes, an
act of terrorism within such a state might also purpose a dilemma: whether to keep its civil
liberties and hence chance being perceived as ineffective in dealing with the problem; or on the
other hand to preclude its civil liberties and for this reason chance delegitimizing its declare of
helping civil liberties. For this reason, homegrown terrorism has begun to be considered as a
higher threat, as mentioned by former CIA Director Michael Hayden. This dilemma, some social
theorists would conclude, may additionally very well play into the initial plans of the appearing
terrorist(s); namely, to delegitimize the state and reason a systematic shift in the direction of
anarchy through the accumulation of terrible sentiments closer to the nation system.

Human rights in India is an issue intricate via the country's massive size and population,
substantial poverty, lack of ideal education, as nicely as its various culture, even although being
the world's greatest sovereign, secular, democratic republic. The Constitution of India presents
for Fundamental rights to its citizens. The country also has an independent judiciary and properly
as our bodies to seem to be into issues of human rights.

The 2016 record of Human Rights Watch accepts the above-mentioned schools but goes
to nation that India has "serious human rights concerns. Civil society agencies face harassment
and authorities’ critics face intimidation and lawsuits. Free speech has come underneath attack
both from the state and by means of interest groups. Muslim and Christian minorities accuse
authorities of not doing ample to guard their rights. But in the recent years, extra emphasis is
given to minority rights & freedom of speech. The Government is but to repeal legal guidelines
that supply public officials and protection forces immunity from prosecution for abuses."
 These activities such as terrorism, human rights abuses, etc., lead to lawlessness in the
society.

C. Lawlessness:

Lawlessness is a lack of law, in any of a variety of senses of that word. Lawlessness may
also describe a range of conditions. Lawlessness is a breakdown of social bonds between an
individual and their community, in which persons do now not experience certain with the aid of
the ethical strictures of society. Anarchy is a circumstance in which an individual or crew of
people reject societal hierarchies, laws, and different institutions. It often entails the dissolution
of authorities.24 Anarchism is a political philosophy that advocates self-governed societies
primarily based on voluntary institutions.25 Civil disorder, or civil unrest, refers to public
disturbances typically involving corporations of people, and ensuing in danger or damage to
humans or property.26 Civil sickness is a breakdown of civil society, and may additionally be a
form of protest. It may additionally take a range of forms, such as unlawful parades, sit-ins, riots,
sabotage, and different forms of crime. This lawlessness situation destroys the society.

4. VARANASI RIOTS, 1977:

On October 24 in broad day light regardless of a 24-hour curfew, a mob indulged in

burning and looting the indoors part of the Muslim locality at the back of which the Bengalis and
Ahirs lived. Police took open phase now not only in looting and burning but additionally in
demolishing mosques and tombs. Two grave-domes have been absolutely erased and three
mosques had been so definitely demolished that it is challenging to imagine that even a mob of a
few hundred ought to have completed such a thorough job within a few hours. The mob is widely
believed to have been motivated by the police to lift on the destruction for as many hours as they
wished. Later in the night an exquisite noise broke out when a large crowd of participants of the
PAC raided the Muslim areas of Nai Sarak. Hundreds of humans which includes several old guys

24
"Decentralism: Where It Came From-Where Is It Going?".
25
" Peter Kropotkin. "Anarchism" from the Encyclopædia Britannica
26
Schurink, W.J. (1990) Victimization: Nature and Trends. Human Sciences Research Council. ISBN 0796912580.
p. 416.
and girls had been beaten indiscriminality. This was exclusively an assault with the aid of the
police.27

After few days the police played same drama of raiding and looting in Jaitpura locality at
the other end of the town. A quantity of houses was raided and looted and many people had been
arrested. The curfew was once imposed solely in Muslim areas, which have been surprisingly
quit. During curfew, the police broke into the homes of Muslims, arrested all men (including
teens and historic age people) and looted and destroyed property worth lakhs of rupees.

5. BHIVANDI RIOTS, 1984:

On 18th May, 1984, the town of Bombay was shaken via tremors of communal riots.
Bhivandi, a fabric city simply forty kilometers away from Bombay was the arena of the actual
drama. In Bhivandi, on 18th itself there had been mass stabbings, looting and burning of huts.
Bombay which had not witnessed communal riots when you consider that independence used to
be for the first time a sufferer of these riots. The Bombay city used to be quickly engulfed in
communal anxiety culminating into riots in a number of places like Kherwadi (Bandra), Byculla,
Nal Bazar, Pydhoni, Govadi, Nagpada, Jogeshwari, etc.

After 10 days, when the riots had been eventually brought beneath control, professional
figures spoke of about 300 dead and 1800 injured in and round Bombay. The unofficial figures
which are greater reliable give the figures of at least a thousand useless and 4000 injured. 60,000
humans have been homeless via the time the riots ended and about 50,000 workers had been
jobless in Bhivandi itself. Needless to say, that the foremost chunk of casualties has been borne
with the aid of the Muslim community.

After the situation again lower back to normal, the State Government half of wakened
from its state of hibernation and threatened to file some vague cases against Bal Thackeray for
spreading communal hatred. It is apparent that these cases are now not going to lead anywhere.

Bhivandi is a textile town with power loom area as the primary industry. In reality this
unorganized zone produces extra material than the complete textile enterprise at Bombay. During

27
Rafiq Khan and S. Mittal, “The Hindu-Muslim Riot in Varanasi and the Role of the Police” in A.A.
Engineer (ed.), Communal Riots in Post-Independence India 308-09 (Sangam Books, Hyderabad, 1991).
the material strike, the electricity loom industry bought an essential increase giving upward push
to extreme competition. Many Muslims are also strength loom proprietors and as such the
opposition may want to be effortlessly given a communal turn.

These riots in Bombay have virtually exposed the communal role performed by way of
corporations like Shiv Sena, Hindu Mahasabha, Patit Pawan, RSS, Hindu Mahasangh etc. But
what is fascinating is the function of Police and of the Congress dominated state government.

6. GODRA RIOTS 1985:

The 1985 Gujarat riots started out in February and lasted until October 1986, in the city
of Ahmedabad. The violence triggered an estimated dying toll of 275, thousands of accidents and
tens of thousands displaced. According to Asghar Ali Engineer, the riots had been equipped
through the Bhartiya Janata Party to motive the downfall of the government of Madhav Singh
Solanki. Initially the riots have been an intra Hindu caste problem over the reservations policy of
the country government however this turned into a communal revolt between Hindus and
Muslims. The rioters had at the beginning targeted country property however inside a month
started to target Muslims and Muslim owned property.

Solanki having received the elections in March fashioned an authority which out of
twenty ministers had fourteen Kshatriyas serving. The upper castes reacted violently, as they felt
they had made their emotions clear concerning quotas at some point of the riots in 1981. The
kingdom announced an enlarge from ten percent to 28 percentage in the reserved quotas for
decrease castes for country employment. A remain was issued by the excessive courtroom on
imposing the quotas and following the derailment of a educate on 5 July Solanki stepped down.28

There had been attacks on Dalits and Muslim neighbourhoods in Ahmedabad and
Vadodara. According to testimony from Dalits, contributors of the BJP legislative assembly who
for the duration of the riots in 1981 had assaulted them gave them resource at some point of the
1985 violence. The Congress and other Naxalite businesses supplied the Dalits with weapons,
prison assist and money.

28
Jaffrelot, Christophe (2003). India's Silent Revolution: The Rise of the Lower Castes in North India. C Hurst &
Co. pp. 325–326. ISBN 978-1850653981. Retrieved 19 July 2013.
7. ROLE OF POLICE:

The role of police in democratic society should be different from that of police in the
Colonial society. However, 65 years of our independence have passed but there is no change in
the role of police. Today, our police have become even more Colonial in its attitude. It is highly
caste conscious and communal in attitude with only few exceptions. There is gross misuse of
power by the police forces with open partisanship in various communal riots.

The ideal purpose of police can be best described in the following words: “as a Law
Enforcement Officer my fundamental duty is to serve mankind; to safeguard lives and property;
to protect the innocent and weak against violence and disorder; to keep the peace; and to ensure
the constitutional rights of all to liberty, equality and justice.” 29 But it is a universal phenomenon
that the police have been criticized and condemned for committing acts which are just contrary
to the cherished ideal expressed in the above words.

The police force is the first institution to face the blow of communal violence and also is
first pressed into service to quell a communal riot. It is involved very actively in all the three
stages incitement, violence and rehabilitation of victims. The popular expectations from the
police are:

1) To maintain order fairly.

2) To impose law, irrespective of ranks/status of person.

3) To register and look into all crimes which are reported.

4) To save the weak and poor against the goondas and bullies.

5) To maintain the ideal of a well-trained and highly motivated force with excellent
spirits.

As a guardian of law and protector of society, the need to act without prejudice is a sine-
quo-non for police action in democratic polity. In fact, the behavior of police in the riotous
situation has been very often questioned.
29
See the Code of Conduct for Law Enforcement Officials, available at:
www.country.milwaukee.gov/LawEnforcementCodeof9154.htm
 The law gives power to the police to use force to curb disorder. But it is often misused.
The National Human Rights Commission (NHRC) has received a large number of complaints
against the police behaviour during communal violence. The NHRC has also recommended
disciplinary action against the delinquent police personnel.

In Independent India, after every communal riot a judicial inquiry under the
Commissions of Inquiry Act, 1952, is generally announced. The object of such an inquiry is to
bring the reality before the nation as to who could be responsible for the violence. These inquiry
commissions examine the various aspects of the riots including the role of police and
administration apart from fixing responsibility for failures of civil servants, especially the police,
etc. The reports and observations of these inquiry commissions are valuable guide on police
performance.

Police Behaviour during Communal Riots:

The performance of police behaviour during communal riots has always been a matter of
strong criticism by the impartial people. Instead of providing protection to the weak against the
attacks of the rioters, the police were found siding with the later engaged in killing, looting,
burning, etc. It is basically the behaviour of the police in communal riots which makes it as a
rival.

The communal riots such as Ahmedabad (1969), Bhiwandi (1970), Tellicherry (1971),
Varanasi (1977), Aligarh (1978 & 90), Jamshedpur (1979), Moradabad (1980), Meerut (1982 &
1987), Delhi (1984), Bhagalpur (1989), Mumbai (1992-93), Gujarat (2002) and Orissa (2008)
have proved how police behaved with the minority communities and remained passive spectator
for a long time.

The failure of police to protect the Sikhs in Delhi (1984); to protect the Muslims in
Mumbai (1992-93) and in Gujarat riots (2002); and to protect the Christians in Orissa (2008); are
dangerous phases in India. The perpetrators were aware that delay in police actions was the only
opportunity to achieve their goals.

The behaviour of police during communal riots has always been questioned. The victims
of communal riots keep on complaining that:30
30
A.A. Engineer, “Communal Riots and the Role of the Police: Some Case Studies” in Ansari, supra
 (1) The police did not come to their rescue;

(2) Led the mob in looting and burning;

(3) Encouraged the perpetrators to do whatever they liked;

(4) Arrested innocent persons and tortured them inside the lock up;

(5) Framed false charges against the arrested persons; and

(6) Prevented the members of one community to move during the curfew and allowed the
members of another community to do so with impunity.

After every communal riot, the above and some other grave charges are made against the
police. Various reports of inquiry commissions on communal riots pointed out the failure of
police and paramilitary forces. Not only they remained passive spectator but also became an
instrument of terror in various parts of the country.

Various inquiry reports on communal riots help us to understand the role of the police in
major incidents of communal violence. The researcher has tried to examine the role of police
during the communal riots since 1969. For this the researcher has taken some particular
communal riots ‘between’ 1969 to 2011, where police were criticized largely for its failures in
dealing with communal riots on the basis of various judicial and non-judicial inquiry reports.

There is clear evidence from various reports and studies that the role of the police during
communal riots has been far from satisfactory. It is also established that a large section of police
officers has not just failed to control riots but have actually given the perpetrators their active
support. Most inquiry commissions have confirmed the negative role of the police in communal
riots and pointed out that the police were partisan in favour of the majority community. All
Commissions have established that the police either actively participated or stood silently as the
violence went on.

8. ROLE OF THE GOVERNMENT:

The government should use state machinery immediately to put down any communal
violence or talk of communal violence and declare its intention to do so before violence actually

Note 3 at 240.
takes place. To deal with communal violence, it requires an exceptionally high standard of
discipline, professionalism and accountability. To this end, minorities should be given adequate
representation, at least proportionate to their percentage in the population.

In fact, the very threat of communal violence would be lessened if it is made clear to all
that the government is both strong and impartial and determined to put down at any cost
communal violence or any talk of communal violence. The government should put fear in the
hearts and minds of the perpetrators of communal violence.

If the State Government is determined to prevent communal violence no communal riot

can occur and if it does, it can be checked within no time. The state always has immense power
and can take action against provocative communal propaganda, vicious lies and rumor-
mongering. The state has legal sanction and the vital law enforcement machinery for using force
against rioters and has power to punish the instigators or organizers of communal violence.

There is need for careful introspection within the State Government and the short
comings in its performance need to be analyzed, inter-alia, in the light of the statutory provisions,
circulars and guidelines and a detailed report based on that analysis should be made available by
the State Government to the Ministry of Home Affairs (MHA), inquiry commissions, and to the
NHRC for their consideration. There should be no hesitation while accusing communal violence.
The killing of innocents cannot be justified in any case.

9. LEGISLATIONS:
 PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE
AND REPARATIONS) BILL, 2011

This Bill was prepared by a Working Group of the Sonia Gandhi-led ‘National Advisory
Council’ (NAC), bearing the title “Prevention of Communal and Targeted Violence (Access
to Justice and Reparations) Bill, 2011”. The Bill is a pro-active measure to prevent
communal violence, rehabilitate those affected by violence and make the officers accountable
for such atrocities.

Objectives of the Bill

 To impose duties on the Central Government and the State Governments to exercise their
powers in an impartial and non-discriminatory manner to prevent and control targeted
violence, including mass violence, against ‘Scheduled Castes’ (SCs), ‘Scheduled Tribes’
(STs) and ‘religious’ minorities in any State in the Union of India, and ‘linguistic’ minorities
in any State in the Union of India.

 To make provisions for investigation, prosecution and trial of offences.

 To prohibit any discrimination in providing compensation and relief to the victims of
communal violence on grounds of sex, caste, community, or religion.
 To make provisions for appropriate compensation to the victims of communal
violence as assessed by the District Assessment Committee (DAC).
 To provide restorative relief and reparation.
 To provide for effective provisions for investigation, prosecution and trial of offences.
 To provide rehabilitation, restitution and compensation to all persons affected by
communal and targeted violence.
 To provide provisions for protection of victims, informant and witnesses.
 To uphold secular democracy. And
 To respect, protect and fulfill the right to equality before law and equal protection of
law.

Various legal provisions relating to communal violence as contained in general and

special laws on the subject and also constitutional provisions for the protection of minority
communities. The Indian Penal Code, (IPC) 1860; The Code of Criminal Procedure, (Cr.PC)
1973; The Police Act, 1861; The Arms Act, 1959; The Explosives Act, 1884; The Explosive
Substances Act, 1908; The Explosives Rules, 1983; The National Security Act, (NSA) 1980; The
Unlawful Activities (Prevention) Act, 1967; The Prevention of Damage to Public Property Act,
1984; The Places of Worship (Special Provisions) Act, 1991; The Press Council Act, 1978; The
Prevention of Seditious Meetings Act, 1911; The Protection of Civil Rights Act, 1955; The
Religious Institutions (Prevention of Misuse) Act, 1988; The Scheduled Castes & Scheduled
Tribes (Prevention of Atrocities) Act, 1989; etc., provide for effective control of violent
communal activities of the people.

The IPC and the Cr.P.C. contain various provisions for the maintenance of peace and
public order and tranquillity in the society and more than 33 percent of the operational provisions
of the IPC relate to offence against property. The Cr.PC has a number of sections to prevent and
suppress communal situation or communal violence and also contains drastic provisions for the
dispersal of unlawful assemblies by force. The imposition of curfew under s. 144 of the Cr.P.C.
is the first administrative action that the authorities must take at the decisive point when rioting
appears imminent. Yet, it is evident from various reports that much of the murderous activity
takes place after curfew has been imposed. Most serious are situations where the police are
present at the spot of riotous activity, but do nothing to stop it. There are legislations which
provide for preventing provocative speeches, writings and propaganda having intent to inciting
communal feelings. Such activities are punishable offences under ss. 153-A, 295-A, 298 and
505, IPC. The inflammatory statements are culpable for penal action under s. 295-A, IPC for the
crime of creating enmity between communities and religions. But these provisions are rarely
used against the offenders. This has encouraged communal forces to victimize the minorities
through major communal violence.

10. CONCLUSION:

The purpose of this study was to examine the various central laws (preventive as well as
punitive), constitutional provisions, rules, guidelines etc. and some other issues relating to
communal violence. The study shows that the problem of communal violence in India has a long
history and deep-rooted causes. It is the result of mutual distrust and ill-will between the
communities. The study shows indirect involvement of political parties in fomenting communal
violence and it has found that their partisan attitude encourages one community to act against the
other which aggravates communal violence. It is fact that communal violence happens in an
atmosphere of religious prejudices and deep hatred.
11. SUGGESTIONS:

Communal violence is quelled only after its occurrence and attempts are rarely made to
prevent its occurrence. The best solution of communal violence lies in the pre-emptive and
preventive measures before time. No person can deny that communal tension should be reduced
and communal violence brought to an end. For this, following preventive measures may also be
taken into consideration:

 Adequate intelligence must be developed and reports of intelligence should be taken

seriously to prevent communal violence.
 Education should be rapidly expounded so that knowledge and balanced thinking are
promoted. It is urgent need to de-communalize our education system.
 Effective actions under law should be taken against communal propaganda.
 Effective patrolling by the force, guarding of the religious places or points of dispute
will lessen the probability of communal violence.
 Identify the areas where frequent communal violence occurs and find out the root
cause of the same. The disturbed spots must be known to the forces.
 In the following cases, prohibition orders in affected area should be taken into
consideration: i) ban on sale of arms, ammunition, explosive and noxious substances;
ii) ban on carrying lethal weapons or fire-arms; iii) depositing of fire-arms at police
station; iv) suspension of licenses; v) ban on use of loudspeakers at places of worship;
and vi) banning of assemblies, processions and demonstrations.
BIBLIOGRAPHY:

1. Anwesha Roy, Making-peace & making riots: Communalism and Communal Violence,
Bengal 1940-1947
2. Dharma Veer Mehta, Sociology of Communal Violence
3. Koenraad Elst, Communal Violence and Propaganda

REFERRED WEBSITES:

1. Asghar Ali, “Communal Violence and Role of Police” Economic and Political Weekly, vol.
29, no. 15, 1994, pp. 835–840. JSTOR, www.jstor.org/stable/4401054.
2. Chander Uday Singh, Communal holocaust simmers dangerously over Godhra town in Gujarat,
India Today, October 28, 2013,
https://www.indiatoday.in/magazine/indiascope/story/19811215-communal-holocaust-
simmers-dangerously-over-godhra-town-in-gujarat-773538-2013-10-28.
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https://scroll.in/topic/8134/communal-tension.
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