Communal Violence in India - 2
Communal Violence in India - 2
Communal Violence in India - 2
HALIMA BI SHAIKH
LLM FINAL YEAR
KARE COLLEGE OF LAW
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CONTENTS
SR NO TOPIC PAGE NO
1 Introduction 3
2 Meaning of 5
Communal Violence
3 Reasons for 8
communal Violence
5 Solutions 13
6 Consequences 18
7 Bibliography 20
2
INTRODUCTION
1
Ashtosh Varshney, Ethnic Violence and Civic Life, (New Haven : Yale University Press,
2002), p.309
2
Asghar Ali Engineer, “Gujarat Riots in the Light of the History of Communal Violence,”
Economic and Political Weekly, December 14, 2002, pp. 5047-5054
3
the last two decades is a result of the manipulation of the religious sentiments of people by
the Hindu right-wing organizations for political gains. The politicization of the Mandir-
Masjid issue and the subsequent demolition of the Mosque gave the BJP the opportunity to
consolidate its vote bank.
But in the process the controversy created a communal divide, and frequency of riots also
increased during this time. Since partition, never before has one particular incident resulted in
the emergence of violence in almost all the states. From the 1960s till 1980 local factors
played a very important role in the emergence of riots, but since the late 1980s this trend
seems to be changing. Communal violence has always occurred when the BJP has wanted to
expand its base. In the recent years the South Indian states, particularly Kerala and
Tamilnadu, have also witnessed communal violence and are slowly growing into communally
sensitive areas. This is primarily because of the recent entrance of BJP in the political arena
of these states.
Apart from Godhra, the other incidences of communal violence in the 90s have been
minor, yet they cannot be dismissed. These eruptions of communal violence have not been
spontaneous, but are organized, and often have the support of the local administrations. The
state support to riots is a long established feature in India, yet the state has never been such an
active participant in the violence before the Gujarat riots.
Communal violence has entered a new phase with the Christians and members of other
minority religions being made the victims of planned attacks. Communal riots in this decade
have been both urban and rural features, but the extent of damage is always greater in the
thriving centres of trade and commerce. Tribal population in the rural areas is being forced to
get involved in the attacks on Christians and Muslims by bringing them within the Hindutva
framework. Apart from economic reasons, the call for Hindu unity which is primarily a
means to achieve political advantage is the main source for communal violence in this
decade.
Political parties have always had a hand in instigating and exploiting communal violence
so as to meet their electoral interests. Though communal riots are condemned in various
quarters, there is still complete inaction both from the administration and the ruling
governments in many states. Though religious festivals and processions are generally the
starting points of communal riots, still sufficient security is not provided during these times.
There is also not much response against incidents of communal violence from the civil
society. Till the time the political parties which instigate communal riots are voted to power,
the incentives to combat communalism will not be able to develop fully. 3
3
Communal riots in India-chronology (1947-2003) March 2004 IPCS Research papers,by B. Rajeshwari
4
Meaning
Communal conflict as violent conflict between nonstate groups that are organised along
a shared communal identity. This definition deserves some further clarification. Violent
conflict refers to the fact that the parties use lethal violence to gain control over some
disputed and perceived indivisible resource, such as a piece of land or local political power.
This follows a generally accepted conceptualisation of armed conflict. The groups involved
are non-state groups, meaning that neither actor controls the state and armed forces (although
state actors may be involved as an important supporting actor in a communal conflict).
Finally, the groups are organised along a shared communal identity, meaning that they are
not formally organised rebel groups or militias but that the confrontation takes place along
the line of group identities.
Some would equate the concept of communal identity with ethnic or religious identity, but
as conceived here the definition is purposefully left more open, since group identity can be
considered as socially constructed rather than a static phenomenon. Instead, communal
identity is conceptualised as subjective group identification based on, for instance, a common
history, a common culture or common core values . Affirming that identity refers to ethnic or
religious identity would make the term less flexible, and unable to capture other forms of
possible communal identity. For instance, in local conflicts where the dividing line is
between ‘original’ inhabitants of an area (‘indigenes’) and more recent ‘settlers’, as is often
the case in parts of West and Central Africa, this should be seen as a communal conflict since
people very strongly identify themselves (and the ‘other’ group) along these lines.
Demarcation along such lines often causes ‘sons of the soil’ conflicts where the indigenes
perceive themselves as the rightful owners of the land (Fearon and Laitin 2011). Similarly, in
other areas the main identification may be based on one’s livelihood, and conflict may be
fought along those lines (for instance, pitting pastoralists against agriculturalists). Livelihood
conflicts often parallel ethnic lines as for instance pastoralists living together are often from
the same ethnic community. However, this is not always the case. For instance, villagers
often identify as inhabitants of their particular villages no matter if the village is ethnically
homo- or heterogeneous. The bottom line is that what constitutes the basis for a communal
identity may differ across time and space; hence, leaving the definition of this term more
open allows for a broader contextual range.
(iii) It has a broader base which encompasses social, economic and political aspects for its
manifestation.
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(v) It is used by the higher class people and elites as an instrument for division and
exploitation of the communal identities of the poorer sections of their co-religionists.
The notion that not only different religious communities have different interests, but these
interests are also incompatible i.e., two communities cannot co-exist because the interests of
one community come into conflict with those of the other.
Communal conflicts can take many different forms, and in order to understand the
different dynamics of communal conflict, it is useful to analyse their underlying causes and
the issue over which the conflict is fought. Different conflict issues may necessitate different
types of interventions and conflict resolution strategies. A first set of communal conflicts
takes place in connection with local or national elections 4.A core reason for this is that
political allegiance in many countries follows ethnic lines and when one group’s candidate
loses, this group might seek revenge against the other group. This is often worsened by the
patrimonial systems that characterise most countries where communal conflicts are common.
Such systems include a strong patron-client relationship in which access to power becomes
extremely important. The violence shows multiple and clear political connections. Behind the
different militias are often local politicians who provide them with weapons and shelter and
direct the violence. In addition, to the national political dynamics, a crucial part of these
communal conflicts concern access to land.
4
For a thorough investigation on this issue in the case of India, see Wilkinson 2004
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Communal conflicts can be an effective way of gaining access to land as the number of
people displaced often is huge, even when the number of deaths is fairly limited. Thus,
ruthless political entrepreneurs, are the key actors in the Kenyan post-election communal
conflicts. Land is also often at the heart of communal conflicts that centre on groups’ main
livelihood. One example is pastoralist conflicts, i.e. herder-farmer conflicts and conflicts
between various pastoralist groups. Pastoralists and their animals move over extensive areas,
often under extremely harsh conditions, and during this movement they often come into
conflict with other communities that are either also on the move or more settled. Such
conflicts constitute one of the oldest forms of organised violence in the history of mankind .
The eruption of such conflicts is compounded by the extreme conditions where access to
grazing land or a well is often a question of survival for both animals and humans. Most often
these conflicts are solved in non-violent manner, and when they do turn violent the violence
is often kept at a low-scale level.
However, sometimes such conflicts cause widespread human suffering. Similarly related to
control over land, but fought along another identity dimension, are conflicts pitting the
‘original’ inhabitants of a locality against more recent settlers.
PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND
REPARATIONS) BILL, 2011
A
BILL
To respect, protect and fulfil the right to equality before law and equal protection of law
by imposing 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, Scheduled Tribes and religious
minorities in any State in the Union of India, and linguistic minorities in any State in the
Union of India; to thereby uphold secular democracy; to help secure fair and equal access to
justice and protection to these vulnerable groups through effective provisions for
investigation, prosecution and trial of offences under the Act; to provide for restorative relief
and reparation, including rehabilitation and compensation to all persons affected by
communal and targeted violence; and for matters connected with it.
Under this bill Communal violence has been defined under section as whoever, being an
individual, singly or jointly with others or being a part of an association or on behalf of an
association or acting under the influence of an association, engages in continuing unlawful
activity of a widespread or systematic nature knowingly directed against a group or part
thereof, by virtue of their membership of that group, by use of violence or threat of violence
or intimidation or coercion or by committing sexual assault or other unlawful means, is said
to commit the offence of organised communal and targeted violence.The prescribes the duty
of every public servant to prevent communal violence .The bill also prescribes that the
central government should constitute a National and State authority for communal
harmony justice and reparation.
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REASONS FOR COMMUNIAL VIOLENCE:
There are a number of causes which are responsible for the prevalence of communalism.
Some of two important causes of communalism are discussed below.
5. Geographical Causes:
The territorial settlement of different religious groups especially Hindus Muslims and
Christians causes in them wide variation in the mode of life, social standards and belief
system. Most of these patterns are contradictory and this may cause communal tension.
6. Historical Causes:
The Muslims, all over the subcontinent, are converts from Hinduism, which was
facilitated due to the caste-hate relations and under the compulsions of Muslim rulers. The
problems of social segregation, illiteracy and poverty that had set apart the low caste people
remain unresolved for them, as the foreign elite that rubbed never shared power with them.
Their work ended with the conversion of the Indians and the converts began by imitating the
masters in thought, speech and dress. It caused their alienation. Gradually, elements of
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communalism entered in the Muslim community. The separatist elements in the Muslim
community, from the very start of the national resurgence had discouraged others of their
community, from associating themselves with it. As a result Muslim league was formed
which demanded partition of the country.
7. Social Causes:
Cultural similarity is a powerful factor in fostering amicable relations between any two
social groups. But the social institutions, customs and practices of Hindus and Muslims are so
divergent that they think themselves to be two distinct communities.
11 .Socio-economic reasons:
The professional classes and the bourgeoisie emerged later among the Muslims than among
the Hindus. There was rivalry for jobs, trade and industry between the two communities. The
Muslim bourgeoisie used the lower middle classes of the Muslims against the Hindu
bourgeoisie to further their class interests.
9
Because of the economic backwardness of India and rampant unemployment, there was
ample scope for the colonial government to use concessions, favours and reservations to fuel
communal and separatist tendencies. Also, modern political consciousness was late in
developing among the Muslims and the dominance of traditional reactionary elements over
the Muslim masses helped a communal outlook to take root.
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PROBLEMS
Communal violence creates a environment of tension and havoc in the affected states. It
creates a lot of problems in the affected states. It has many evil effects along with creating a
strong sense of fear. Following are the problems which people of the affected areas have to
face ;
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5.HAMPERS THE ECONOMIC STATUS OF PEOPLE
Communal violence actually affects the economic markets in the states facing communal
violence .Markets shatter shops are burned industries factories are ruined destroyed and
broken down. Communal riots creates a havoc in the affected areas which give rise to
unnecessary robberies in shops supermarkets .This all affects the economic status of people.
Working citizens stay back home with the fear of getting trapped in those brutal situations .
Children stop from going out to play .to go to schools colleges .Women refrain themselves
from going out to buy household items. This all immensely hampers the economic status of
people as the income levels of such families goes down immensely.
7.ATMOSPHERE OF HATRED
The evil images of communal violence makes the blood boil, prejudice reigns supreme;
man, whether he labels himself a Hindu, Muslim, Christian or what not, becomes a beast and
acts as such. I would like to observe the laws of the game. One hears so often of children and
old men being butchered, women being outraged.
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SOLUTIONS
Communal violence is a dangerous and a frightful phenomena and a curse for our society.
Not only does a communal violence ends up in loss of lives and property, it divides and
polarizes the society and gives rise to vicious political debates. Following are some solutions
by which this problem of communal violence can be curbed down;
There should be a total change in syllabus, especially of medieval history and modern
history pertaining to freedom struggled and division of the country in 1947. It is
regrettable that even after 64 years of our freedom our approach to medieval history has
not changed. We still use utterly simplistic versions of medieval history resulting in
controversy of demolition of temples.
There is no mention, even cursorily cursory of our composite culture and efforts
made by Sufi saints, writers, poets and musicians to build bridges between two
communities. Sufis like Baba Farid, Moinuddin Chishti, Miyan Meer, Nizamuddin
Awliya, Mirza Jane Janan, Dara Shikoh besides musicians, architects, poets and others to
fuse two cultures together and bring two communities together. Students studying history
have not even heard their names. It would be of immense help to introduce a
supplementary text, or at least a chapter on richness of our composite culture to make
students realize that both the communities and its intellectual and religious leaders were
close to each other and were contributing immensely to enrich our culture religiously,
spiritually and intellectually.
Similarly our textbooks on modern history and freedom struggle are highly biased against
minorities, They hardly highlight the role played by these communities in freedom
struggle. The names like Maulana Mehmoodul Hasan, Maulana Husain Ahmed
Madani, Maulana Ubaidullah Sindhi, Maulana Hifzurrehman etc. are not even mentioned
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who, made great sacrifices for freedom of the county and many of whom were exiled to
Malta, Andaman Nicobar etc. They also launched Reshmi Rumal Conspiracy to spread
message of freedom and paid heavily for that. The textbooks give an impression as if most
of the Muslims, with few exceptions were on the side of Pakistan though the truth is
otherwise. A vast majority of Muslims was against partition and for unity of the country.
Even today most of the Muslims are held responsible for partition and this remains a
prominent issue in many communal riots. It will be in the interest of the country to teach
correct version of history of freedom struggle and the role played by Muslims in freedom
struggle.
Today the entire focus of our education is promoting career rather than character. In our
education system, for lack of values, career has become most important and character
building has been completely marginalized. Also, our education system produces
conforming mind rather than thinking mind. An education system which fails to produce
thinking and critical mind is worth nothing. Our education system produces only career-
oriented mind.
Not only that our education system creates prejudiced mind, prejudiced against
minorities, tribals and dalits. It is anything but healthy mind. Thus by overhauling
education system we will do great service to the cause of our nation. It would respect
rights of poor, weaker sections and would be more inclusive. Today education system is
part of the problem, let us make it part of the solution.
Our police are product of the same education system and it also gets influenced by
uncritical stories in media about minorities and other weaker sections of society and hence
has been horribly communalized. We cannot eliminate riots from India or we cannot
handle riots properly without comprehensive police reforms. It is horribly prejudiced. In
riot after riot after riot we hear stories of how police promotes, rather prevents communal
riots.
Thus there should be secular orientation from time to time through refresher courses,
apart from secular orientation along with professional graining before joining the service
is highly necessary,such orientation influences police attitude a lot.
This law, if passed, will go a long way in curbing communal violence as it fixes
responsibility on concerned officers. This Bill has been drafted very carefully by
responsible secular activists and gave to Sonia Gandhi to get it enacted. Government
convened National Integration Council meeting to test the waters and BJP leaders like
Arun Jaitly and Sushma Swaraj mounted such a severe attack on it that government was
unnerved and since then the Bill is lying in cold storage. It should be immediately revived,
if necessary by some amendments and enacted. Also if it is accompanied by
implementation of fifth Police Commission Report it will greatly help. This Bill also
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ensures adequate reparations and compensation in the event of outbreak of violence.
With every riot Hindus and Muslims begin to leave mixed areas and get polarized religion
wise. It greatly harms the cause of integration. In such events communal propaganda and
rumours become far more effective. Government should not register any society unless it
has members of all communities in it i.e. Hindus, Muslims, Christians, Parsis and Sikhs as
well as Buddhists and Jains. In our country caste and religion wise societies are quite
common. In Singapore, as per law no society will be registered until all religious and
ethnic communities are included 5.
7 . Inter-communal weddings:
This not only makes people connected by "blood" but also discover more about the "other"
communities. The practices and customs will have to evolve so that every community
involved can be tolerant of the combined practices. This solution will reduce the communal
violence as the society comes together as time elapses. There will be a mix of communities
and all communities inter-mingle. There are distinct problems with this solution as well. For
one, some communities are more precious about preserving its populace and the punishment
for anyone leaving its community is dire. The practices cannot be combined easily as aspects
of food, celebration etc are held with utmost reverence by some communities while the same
aspects are condemned by other communities. This trend of inter-communal weddings is
already underway is bigger cities and towns but there is still an ocean to swim if this is
supposed to happen across India.
8. Abolishment of communities:
This is very tough given the system of reservation in India and how there is special treatment
awarded to certain communities. However, if the politicians can stop exploiting general
public for their votes and if general public can get behind the idea of collective development
this ideal can be achieved with the help of judiciary. There are several difficulties in getting
this accomplished. The main one being preferential treatment of people belonging to
communities. I do not think these people are ready to give up the special treatment given to
them even though such treatment is harmful to the society in the long run. The other
difficulty will be the loss of identity. For several people their community is their identity.
This might be based on the work they do (original concept of caste), place they live (tribes,
naxals, city dwellers etc) and other arbitrary factors which are better if not used to define
people.
9. Atheism:
This leads to absolute morality. Atheists cannot point to any external media to justify their
actions. They will have to depend on their conscience and take responsibility for all their
actions. Somehow in India religion leads to communities and castes even though all three
5
A five point formula for riot –free India ,by Dr Asghar Ali Engineer Secular Perspective,Febraury 1-15-2013
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constructs are different and can exist without each other. Since religion is a very personal
belief it is very tough to get this accomplished.
6
Gandhi and Communal Problems www.mkgandhi.org Page 57
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12. Status of Muslim minority loyalty to Union (DO) NOT see evil everywhere. All Muslims
are not bad just as all Hindus are not bad. It is generally the impure who see impurity in
others. It is our duty to see the best and have no fear. We the Sikhs; the Hindus and the
Muslims to forget the past, not to dwell on their sufferings but to extend the right hand of
fellowship to each other and determine to live at peace with each other. Muslims must be
proud to belong to the Indian Union, they must salute the tri-colour.If they are loyal to their
religion, no Hindu can be their enemy. Similarly, the Hindus and the Sikhs must welcome
peace loving Muslims in their midst. 7 Befriend Muslims We should forget the past and learn
the duty of having friendly feelings towards all and being inimical to none. The crores of
Muslims are not all angles nor are all the Hindus and the Sikhs. Muslims are a numerous
community scattered all over the world. 8
7
Gandhi and Communal Problems www.mkgandhi.org Page 58
8
Gandhi and Communal Problems www.mkgandhi.org Page 60
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CONCLUSION
Even though the Constitution of India has declared India to be a state, yet strangely
large-scale violence has been periodically witnessed in our country since independence. It has
acquired dangerous proportion in recent decades, with the sharp increase in communal
tensions and religion-based politics and growth of communal forces in our body politics.
Communal violence has occurred due to the negligence and non performance of state
machineries which resulted not only in the loss of precious human lives and destruction of
both public and private property and also impeded the economic development process of the
country .What is specifically worrisome is often the frequent allegation that these communal
incidents have enjoyed the support of the state and particularly that the police has supposedly
played not only an active role but also have shown bias in the discharge of its public
responsibility while the cold blooded massacres, heinous acts of rape have been committed
on the members belonging to the minority communities especially Muslims, Christians and
Sikhs in our country.
Besides ,sharp growth in the activities of the insurgents targeting the population belonging
to other communities, religious violence by separatists, like more recent attacks on Hindu
temples and Hindus by Muslim militants and various Islamic terrorist outfits have
accentuated the crisis that is being faced by the state and have posed great challenges to the
unity and integrity of India .As far the functioning of the Indian State is concerned, the state
is often seen to be acceding to the pressure of both minority at one time and to majority
demands at another time, which has fuelled the activities of various groups to engage in one
gunmanship in their search for demonstration of closeness to the issues being held onto by
the majority and the minority groups, which has contributed towards the heightening of fear
and threat to human lives and livelihood.
Howsoever ,these incidents might have been caused, yet it remains the responsibility of
the state and society to control the growth and occurrence of incidents of communalism
and ethnic violence. In each incident of such collective violence, the quantity and
severity of losses only confirms the fact that a greater degree of organization and
planning that has gone into the planning and coordination of such incidents in a well
calibrated manner but not executed in a proper manner.
Political parties have always had a hand in instigating and exploiting communal violence
so as to meet their electoral interests. Though communal riots are condemned in various
quarters, there is still complete inaction both from the administration and the ruling
governments in many states. Though religious festivals and processions are generally the
starting points of communal riots, still sufficient security is not provided during these times.
There is also not much response against incidents of communal violence from the civil
society. Till the time the political parties which instigate communal riots are voted to power,
the incentives to combat communalism will not be able to develop fully.
18
If the above mentioned problems are looked upon without any biasness in a national spirit
and the solutions to the communal violence are followed and implemented with a
cooperative and brotherhood spirit than this problem of communal violence can be curtailed
down to a great extent in future .
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BIBLOGRAPHY
2.WWW. WIKIPEDIA.COM
3.WWW.LEGALPUNDIT.COM
4.WWW.INDIAKANOON.COM
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