Communal Harmony

COMMUNAL HARMONY: SOCIO-LEGAL PERSPECTIVE

UTTAR PRADESH STATE LEGAL SERVICE AUTHORITY
(2015-2016)
BATCH-1


Submitted to: Submitted by:
Mr. RAJIV MAHESHWARAM, PCS (J) VISHESH BHARDWAJ
Deputy Secretary


ACKNOWLEDGEMENT

It is indeed a proud privilege to express my deep sense of gratitude and indebtedness to Uttar Pradesh State Legal Service Authority and guide Mr. Rajiv Maheshwaram, PCS (J), Deputy Secretary for their valuable guidance, scholarly inspiration, which they have extended to me for the successful completion of this endeavor. Their efforts cannot be expressed in words and can be only better expressed by coming up to their expectations.
I sincerely acknowledge the help rendered by the Librarian and Staff of the Uttar Pradesh State Legal Service Authority, whose cordial relations helped me for successful completion of project.















CONTENTS

MEANING………………………………..……………………………03
BACKGROUNG……………………………………………………….03
CAUSES OF COMMUNAL TENSION AND RIOTS………….…….04
SOME COMMON PERCEPTIBLE FEATURES……………………...04
NATURE OF DISTURBANCES…………………………………….. 05
POINTERS TO A DETERIORATING SITUATION……………..…05
LEGAL PROVISIONS TO DEAL WITH SITUATION……………..06
MEASURES TO MAINTAIN PEACE AND COMMUNAL HARMONY……………………………………….…………………...07
















Meaning

"Communal harmony" refers to the principle that different peoples within a community or society must live together peacefully and in pursuit of mutual goals. Disharmony, therefore, is the product of alienation of groups from one another based on differences. In addition to this general definition, the term "communal harmony" has taken on special meaning in the nation of India, where it represents an overcoming of traditional separations within society based on religion and caste

Background
India is one of the most diverse places in the world geographically, religiously, culturally, and lingually. Religiously, Hinduism, the largest religion in India accounts for 80% of the population; Islam, the second largest religion, accounts for 13% of the population; Buddhism, Jainism, and Sikhism taken together account for 3% of the population; and Christianity accounts for 2% of the population. Other religions such as Zoroastrianism and Judaism have a century's long history in India.
Communalism can be described as differences on the basis of religion, race, caste, language, place of birth, residence, etc.(see section 153(a) IPC). Riots on the basis of communal difference have occurred both before and after Independence. One of the first record incident of a riot is that of Ahmadabad in the 18th century. The frequency of riots due to communal differences has been increasing from day-to-day, particularly since the turn of the century. A study revealed that from 188 riots in 1977 the figure has shot up 525 riots in 1985, 953 in 1987 and 589 in 1988 (this excludes figures for 18 states and union territories). The same study reveals that whereas 61 districts were affected by the communal virus in 1961, by 1971, 216 districts had been affected.
Apart from the known evil of Hindu-Muslim differences, differences between Hindus and Sikhs and between Hindus and Christians have also taken root in different parts of the country. The divide within the Hindu community on the basis of caste and language has gradually been widening and is reflected in the caste tension and the violent incidents in Bihar, U.P, A.P, Gujarat, Maharashtra and Tamil Nadu, just to name few. Similarly there are disputes between Shias and Sunnis within the Muslim community and between Sikhs and Nirankaris, which have led to serious communal disturbances. The resort to communal issues by the political parties has also resulted in the resurgence of fundamentalism and militancy amongst various communities. Issues which in the past remained local, have now started assuming national proportions because of the communalism of politics (Rameeza Bee case, Ram Janambhoomi, Babri Masjid issue).


Causes of Communal Tensions and Riots
Some causes of communal tension and riots are as follows.
Personal dispute between individuals or parties which may be of a civil or criminal nature;
Encroachment on places of worship or on land adjoining such places;
On the occasion of processions by one community passing through the majority area of the other community or by a place of worship;
Conversations;
Teasing of girls;
Inter-community marriages;
Cow slaughter;
Extraneous factors such as issues pertaining to other districts, states or even countries.
Some Common Perceptible Features
Areas which have a population containing 22-40% Muslims are generally more prone to communal trouble. The situation is compounded further if this area has a large percentage of refugees from Pakistan.
On a few occasions, interested parties may plan an incident or disturbances in advance due to political or economic reason. But sometimes, these disturbances are spontaneous which are exploited by interested and motivated persons seeking to capitalized on the incident.
During a disturbance police often equates the aggressor and the aggressed while handling the disturbances.
In most cases of riot, the accused are not successfully prosecuted because of the large numbers and because of lack of proper evidence. Thus, violators are able to escape the clutches of law to disturb peace time and again.
Sometimes law enforcers themselves are accused of a partisan attitude towards one community. The other community then generally demands outside (other than state) forces to help safeguard their interests.
A small dispute whether civil or criminal in nature, has often been the genesis of trouble. When the matter is not attended to promptly by the police, interested persons jump into the fray and takes sides, according to their communal affinities. They then try to bring pressure upon the administration to decide the issue in their favor and thereby aggravate the communal tension.
Now-a-days issues have started assuming national proportions with incidents in one part of the country resulting in a clash in other parts of the country, which may be quite distant. A good illustration is that of the theft of the Holi Relic from Hazrat Bal Mosque in Srinagar in 1963. Pakistan's propaganda attributed the misdeed to a Hindu, even though it was the handiwork of a Muslim. This inflamed passions and led to disturbance in Jessore and Khulna districts of present Bangladesh. This in turn started a chain reaction in the 24 Parganas, Nadia and Calcutta in adjoining West Bengal. These riots unleashed a second wave of rioting in Narayanganj and Dakha, and led to the exodus of minorities from this area. A large number of these refugees went to tribal areas of Bihar, and Orissa, (Ranchi and Sundargarh). The horrifying tales told by these refugees triggered off another round of riots in this area.
Another instance that can be mentioned here is the air crash resulting in the death of the Pakistan's President Zia-ul-Rehman, early in August, 1988 which led to Shia-Sunni riots in parts of Pakistan and in Srinagar. Even a sports encounter between Pakistan and India has resulted in rioting in different parts of the country.
Nature of Disturbances
Communal disturbances may take the following shapes:
Assaults and murders;
Arsoning;
Looting;
Defilement of places of worship;
Rape and abduction of women.
This may be due to mob action or by individuals with an intention to take revenge or inflame passions.
It is the duty of police officers to take timely preventive action, to prevent breach of peace and order, and to take immediate and effective measures to handle the outbreak of trouble.
Pointers to a Deteriorating Situation
There are certain pointers, which to any observant police officer, will indicate that the communal situation is deteriorating:
Certain healthy interaction, socially and otherwise, dampens or dies down. This will be due to distrust between the communities because of some issues or situation;

Murmurs within the communities alleging misdeeds or insults to the other community;

Stories (rumors) become more vicious and start circulating with greater rapidity. Condemnation of the other community through press and other forums is also stepped up. Public agitation may also follow;

Areas such as market places, which are normally crowded, thin out insecure areas; and

Outbreak of actual violence.
Legal Provisions to deal with Situations
There are adequate legal provisions to deal with communal disturbances. Some of the relevant sections are mentioned below:
Sec. 153 I.P.C. Wantonly giving provocation with intent to cause riot.
Sec. 153A I.P.C. Promoting amenity between different groups on grounds of
religion, race, place of birth, residence, language etc. and doing acts
prejudicial to maintenance of harmony.
Sec. 295 I.P.C Injuring or defiling place of worship with intent insult the religion of any
class.
Sec. 295A I.P.C Deliberately and malicious acts intended to outrage religious feelings of
any class, by insulting its religion or religious belief.
Sec. 297 I.P.C Trespass on burial place, place of worship, place of sepulture etc eith
intention of insulting religion or wounding feelings of any person is
punishable with upto one year's imprisonment with fine.
Sec. 298 I.P.C Uttering words or sound within hearing or makes any gestures or places
any object in sight of persons with intention of wounding his religious
feelings is punishable with an imprisonment of upto one year coupled
with fine.
Sec. 505 I.P.C Statement conducting to public mischief through statements, publication
or circulation of statements, rumors or report with intent to incite, or
which likely to incite any class or community of persons to commit any
offence against any other class or community.
Sec. 108 (1) (i) Cr.P.C. Provides for security for good behavior from persons disseminating any
matter orally or in writing, or publication of any matter which is
punishable under section 153A and 295A of the I.P.C.

Measures to Maintain Peace & Communal Harmony
Prevention is always better than cure. Here preventive measures will entail all those steps
which the district administration should adopt to maintain a healthy communal atmosphere.
The police must adopt a secular and unbiased approach and a will for effective action.

It should respond immediately to the entire situation which has a communal implication. In criminal cases proper legal actions such as to prompt the arrest of the accused and investigation should take place. In civil disputes, though the police cannot legally settle the disputes they must counsel both the parties to refrain from taking the law into their own hands and seek adjudication from the proper court of law. The police has to enforce status quo and if necessary action under section 107/116/151 Cr.P.C. can be taken. Similarity in any dispute regarding possession of immovable property, action should be taken u/s 151 Cr.P.C. In cases where persons have been forcefully dispossessed of their property, action is possible under section 145 (iv) Cr.P.C. for restoration of status quo.

Healthy interaction between all the communities should be maintained by the frequent peace committee meetings and functions on various occasions.

Rumors, like incidents, have to be immediately attended to and nipped in the bud.

The intelligence wing has to maintain a continuous watch to assess and analyse the incidents and their reactions so that police is in a position to respond immediately and effectively. This pertains to happenings not only within the districts but also outside. A record of all those persons who indulge in communal utterances and publication should be maintained for action under available laws.

Frequent press briefing by the district administration to prevent publication of distorted news.

Routes of processions should be surveyed well in advance and necessary steps taken to ensure smooth passage. All differences between the communities should be smoothened out before any major festival. Licenses under section 30 Police Act should explicitly spell out the routes, timings and other aspects.
A record of all incidents in communal sensitive areas should be maintained at police stations and district headquarters in a communal information register' which would be useful in giving a comprehensive picture of the communal situation in areas which are communally sensitive.

Preparation of lists of goondas, communal agitators and other anti-social elements.

A riot scheme or contingency plan for dealing with communal trouble must be readily and continuously updated. It should include :
Responsive by various police personnel and desired action.
Mobilisation of personnel and other resources to meet the situation.
Operational deployment of police, Para-military and Home Guards;
Command and control-areas of responsibility and organizational arrangements should be clearly spelled out;
Administrative arrangements;
Welfare and catering;
Strategy such as action against criminal, anti-social and communal elements, protective arrangements for sensitive and vulnerable areas and points.
The riot scheme must be rehearsed so that all personnel from constables to officers know the task they have to perform. Every person must be informed about the duty that he is to perform (this is often neglected). Every rehearsal must be followed by a debriefing.
aHandeling of Communal TroubleH
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