LAW OF TORTS

INJURIA SINE DAMNO

Chanakya National Law University,

Nayay Nagar, Mithapur, Patna- 800001

Submitted By; Submitted to;

Ankit Kumar Mrs. Sushmita Singh

B.B.A. LL.B (Hons.) Faculty of Legal Meth

 CERTIFICATE

This is to certify that the project report entitled

“ Injuria Sine Damno” submitted by Ankit Kumar

in partial fulfilment of the requirement for the

award of degree of B.B.A. LL.B (Hons.) to Chanakya

National Law University, Patna is a record of the

candidate’s own work carried out by him under my

supervision. The matter embodied in this project is

original and has not been submitted for the award of

any

other degree.

Date----

Signature for;

Mr. Vijyant Sinha

Faculty of Legal Methods

 ACKNOWLEDGEMENT

I would like to thank my faculty Mr. Vijyant Sinha

whose guidance helped me a lot with structuring my

project.

I owe the present accomplishment of my project to

my friends, who helped me immensely with

materials throughout the project and without whom

I could not have completed it in the present way.

I would also like to express my gratitude to my

seniors and my parents and all those unseen hands

that helped me out at every stage of my project.

Thank You

Name- Arfatul Azam

Roll Number- 2012

B.B.A. LL.B (Hons.)

1st Semester (2018-23)

 INDEX

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1. INTRODUCTION

 Aims and Objectives

 Hypothesis
 Research Methodology
 Sources of Data

2. Related Laws to curb communal violence in I P C and Cr P C

3.Violative of the Indian Constitution

4. Reasons behind communal violence

5. Politics behind the communal violence

6. Examples of heinous communal violence in India

7. Steps to be taken during the Communal Violence

8. Government’s Standard Procedure to Curb Communal Violence

9. Recommendations

10. Conclusions

10. Bibliography
 INTRODUCTION

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. The term includes conflicts, riots and other forms of violence between
communities of different religious faith or ethnic origins.

United Nations Office on Drugs and Crime includes any conflict and form of violence between
communities of different religious group, different sects or tribes of same religious group,
clans, ethnic origins or national origin as communal violence. However, this excludes conflict
between two individuals or two families.

The term communal violence 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.

The frequency of communal violence in South Asia increased after the first partition of Bengal
in 1905, where segregation, unequal political and economic rights were imposed on Hindus
and Muslims by Lord Curzon, based on religion. The colonial rule was viewed by each side as
favouring the other side, resulting in a wave of communal riots and 1911 reversal of Bengal
partition and its re-unification. In 1919, after British General Dyer ordered his soldiers to fire
on unarmed protestors inside a compound in Amritsar, killing 380 civilians, communal
violence followed in India against British settlements. There were hundreds of incidents of
communal violence between 1905 and 1947, many related to religious, political sovereignty
questions including partition of India along religious lines into East Pakistan, West Pakistan
and India. The 1946 to 1947 period saw some of the worst communal violence of 20th century,
where waves of riots and violence killed between 100,000 and a million people, from Hindu,
Muslim, Sikh and Jain religions, particularly in cities and towns near the modern borders of
India-Pakistan and India-Bangladesh. Examples of these communal violence include the so-
called Direct- Action Day, Noakhali Riots and the Partition Riots in Rawalpindi.

Secularism is the backbone of the Indian Constitution and India is a land of many religions.

However, one can witness frequent communal conflicts between various religious groups.
In a multi-religious society like India, there are many instances of serious communal violences
two of such horrific communal riots have been the 1984 Sikh riots and the 2002 Gujarat
(Godhra) riots which would be discussed in detail in the upcoming chapters of the research.

Definition of Communal Violence w.r.t. IPC, 1860:

According to section 153A of Indian Penal Code, promoting enmity between different groups
on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial
to maintenance of harmony.------

1. Whoever—by words, either spoken, or written, or by signs or by visible representations

or otherwise, promotes or attempts to promote on grounds of religion, race, place of
birth, residence, language, caste or community or any other ground whatsoever,
disharmony or feelings of enmity, hatred or ill-will between different religious groups,
racial, language or regional groups or castes or communities, or

2. Commits any act which is prejudicial to the maintenance of harmony between different
religious, radical, language, or regional groups or castes or communities, and which
disturbs or is likely to disturb the public tranquillity, or

3. Organises any exercise, movement, drill or any other similar activity intending that the
participants in such activity shall use or be trained to use criminal force or violence, or
knowing it to be likely that the participants in such activity will use or be trained to use
criminal force of violence, against any religious, racial, language or regional group or
caste or community,

Shall be punished with imprisonment which may extend to three years, or with fine, or with
both.

Essential Elements in Communal Violences

The essential elements of section 153A can be enumerated as follows:

Whoever commits any of the following:

1. Whoever by (a) words, either spoken or written; or (b) by signs; or (c) by visible
representations; or (d) otherwise;
 2. Promotes or attempts to promote disharmony or feelings of enmity, or hatred or ill-will;

3. Between different religious, racial, place of birth, residence, language or regional

groups or community or castes;

4. On grounds of religion, race, place of birth, residence, language, caste or community or

any other ground; or

5. The act may be prejudicial to the maintenance of harmony between different groups as
outlined above, and which disturbs or is likely to disturb public tranquillity

These were the different elements necessary for the cause of communal violence according to
the Indian Penal Code, 1860.

An Offence to be communal violence

The necessary elements required to prove the charges of communal violence are;

 The matter for falling within the scope of the section, must be read as a whole, one
cannot rely on stray or isolated passages for proving the charge, nor can a sentence be
taken from different places for the purpose of inferential reasoning;
 For judging what are the natural or probable consequences of the writing, it is
permissible to take into consideration the class of readers for whom the book is
primarily meant, as also the state of feelings between the different classes or
communities at the relevant time;
 If the writing is calculated to promote feelings of enmity or hatred, it is no defence that
the writing contains a truthful account of past events or is otherwise supported by good
authority. If a writer is disloyal to history, it might be easier to prove that history was
distorted in order to achieve a particular end.

**These were the particular elements to prove the crime of communal violence according to
section 153A of I P C, 1860.
 Aims and Objectives

Following are the Aims and Objectives of the Research;

 To know what a communal violence is

 To make people aware and educated on these issues
 To suggest ways through which the government can approach ways to curb this crime

Research Questions

Following are the questions raised

 What a communal violence is and what are the negative impacts people suffer from it?
 How can the Government and Society stop this form of crime ?
 Why should we be worried about this form of crime ?

Research Methodology

The Researcher has mainly used doctrinal type of research and has gone through both primary
and secondary sources in order to get a clear picture of the problem in the question. The
researcher has gone through the works of many eminent persons who have given their insights
on this subject matter. This involves critical examination of various provisions in Indian legal
systems regarding the subject matter.
 Laws Related to Curb Communal Violence

1. Section 141 Unlawful assembly.

Section 142. Being member of unlawful assembly

2. Section 143. Punishment

Section 144. Joining unlawful assembly armed with deadly weapon.

3. Section 145. Joining or continuing in unlawful assembly, knowing it has been

commanded to disperse.

6. Section 146 Rioting.

Section 147 Punishment for rioting

7. Section 148 Rioting armed with deadly weapon.

Section 149 Every member of unlawful assembly guilty of offence committed

in prosecution of common object

8. Section 150. Hiring, or conniving at hiring, of persons to join unlawful

assembly.

Section 151. Knowingly joining or continuing in assembly of five or more

persons after it has been commanded to disperse.

9. Section 152. Assaulting or obstructing public servant when suppressing riot,

etc.

Section 153. Wantonly giving provocation with intent to cause riot-if rioting
be committed-if not committed. [153A. Promoting enmity between different
groups on grounds of religion, race, place of birth, residence, language, etc.,
and doing acts prejudicial to maintenance of harmony. [153B. Imputations,
assertions prejudicial to national-integration.

10. Section 154. Owner or occupier of land on which an unlawful assembly is held.

Section 155 Liability of person for whose benefit riot is committed.

 11. Section 156. Liability of agent of owner or occupier for whose benefit riot is
committed.

Section 157. Harbouring persons hired for an unlawful assembly.

12. Section 158 Being hired to take part in an unlawful assembly or riot

Section 159 Affray.

13. Section 160. Punishment for committing affray.

The concepts relevant here are rioting and section 153 and particularly
section 153 A of the Indian Penal Code.

Section 153 A of IPC

1. Whoever
(a) by words, either spoken or written, or by signs or by visible representations or
otherwise, promote, on grounds of religion, race, place of birth, residence, language,
caste community or any other ground whatsoever, disharmony or feeling of enmity,
hatred or ill-will between different religious, racials, language or regional groups or
castes or communities, or

(b) commits any act which is prejudicial to the maintenance of harmony between
different religious, racial, language or regional groups or castes or communities, and
which disturbs or is likely to disturb the public tranquillity, or,

(c) Organizes any exercise, movement, drill or any other similar activity intending
that the participants in such activity shall use or be trained to use criminal force or violence or
knowing it to be likely that the participants in such activity will use or be trained to use criminal
force or violence against a particular religion, race, caste or community, shall be punished with
imprisonment which may extend to three years, or with fine, or both.

The act is based upon Article 355 of the Indian Constitution which says, “Duty of the union to
protect states against external aggression and internal disturbance and to ensure that the
government of every state is carried on in accordance with the provisions of this Constitution.”
 Classification under schedule 1 Cr P C

Offence Punishment Cognizance Bail Trial By

Promoting Enmity 3 years or fine or Cognizable Non- Magistrate
between classes both Bailable First Class
Promoting enmity 5 years and fine Cognizable Non- Magistrate
in classes of Bailable First Class
worship
 Violative of the Indian Constitution

Our Indian Constitution has enshrined us with the idea of secularism and has also given us the
fundamental rights from Article 14 to 30. But the communal violence is against the rights
conferred by our constitution. So, whenever any communal riot is erupted basic structures of
the constitution is hampered under many rights as

 Right to freedom
 Right to life
 Right to Religion

And when all these structures are undermined it is violative to our Indian Constitution and just
because of the political motive of people from all the communities and religion present in India
the whole society has to suffer, and these people hardly get any kind of punishment and that is
against the Natural Justice as enshrined in our constitution.

This is how Communal violence is violative to our Indian Constitution.

 Examples of Heinous Communal Riots In India

One of the first major communal riots took place in August 1893 in Mumbai in which about a

hundred people were killed and 800 injured.

The period between 1921 and 1940 marked a particularly difficult phase. The 1926 Muharram

celebrations in Calcutta were for example marred by a clash that led to 28 deaths.

India witnessed its worst communal riots in 1948 after the partition. Noakhali in Bengal and

several villages of Bihar were the worst hit.

The first major riots between Hindus and Muslims after the bloodshed of partition in 1947

occurred in Jabalpur in Madhya Pradesh in 1961.

1969 Ahmedabad riots: Communal riots between Hindus and Muslims erupted in Ahmedabad

in 1969. Atleast 1000 people had died during this riot. At the time there was a dispute over the

leadership of the Congress party between Indira Gandhi and Morarji Desai. There were

suggestions that violence was deliberately engineered to discredit the chief minister of Gujarat

who was a supporter of Mr Desai.

They were followed by riots in Uttar Pradesh with periodic violence erupting elsewhere.

Hindu-Muslim riots broke out in Jamshedpur and Aligarh in 1979 and in Moradabad in 1980.

1984 sikh riots: The assassination of prime minister Indira Gandhi on October 31, 1984

sparked riots that lasted 15 days. Several inquiry panels later, eight people were convicted. The

politicians and police got away.

The mayhem began at about 6 p.m. shortly after the death of Indira Gandhi was announced at

the All India Institute of Medical Sciences, Delhi. The news set the tone for a communal

massacre that India hadn't quite witnessed since Independence. Chaos reigned on the streets
and locality after locality in the capital echoed with the shrieks of the dying and burning people.

A fortnight of carnage saw over 2,700 dead and many thousands injured.

"President Zail Singh wanted the army to act, but it didn't. The then prime minister and home

minister did not take his calls," recalls Tarlochan Singh, who was Zail Singh's press secretary.

The worst affected areas were the ones that had elected Congressmen HKL Bhagat and Sajjan

Kumar to the Lok Sabha. Yet the police could do nothing to lay their hands on them.

1987 Meerut riots: The riots began on May 21, 1987 and continued for two months. The state

police conducted a probe, but all cases were later withdrawn by the state. The armed personnel

accused went scot free.

As with most riots, there are conflicting versions on what set this one off: burning of mills or

a reaction to the carnage by the Provincial Armed Constabulary (PAC) personnel. A majority

claim it was the armed police.

The PAC men wanted to arrest a man from the Hashimpura area but were stopped by a mob.

When the uniformed men tried to force their way in, the crowd became violent. The PAC called

in reinforcements and retaliated instantly. About 40 bodies were later found floating in the

canal near Maliana village. This ignited communal passions and Meerut was soon on fire.

Within hours, over 350 shops in the city and three petrol pumps had been burnt. In the following

two months, 350 people were killed, among them prominent residents including a doctor from

Hapur and an army captain.

Rationality took the backseat as one set of residents instigated massacres against another. It

took several weeks for a 13,000-strong army detachment to restore peace in Meerut. The Uttar

Pradesh government, under pressure from the Rajiv Gandhi government, withdrew hundreds

of cases from district courts in Meerut. As a result, there were no convictions. The PAC, having
terrorised a large section of Meerut, was the biggest gainer-and justice the biggest loser.
1989 Bhagalpur riots: On October 23, 1989 began the month-long riots triggered by police

atrocities. Of the 864 cases filed by the police, 535 were closed and most accused acquitted for

lack of evidence.

Following police atrocities in 1989, the silk city of Bhagalpur saw massacre and arson in which

over 1,000 people died, nearly 50,000 were displaced and 11,500 houses torched.

In the carnage, an army major herded 100 men, women and children to a house at Chanderi

village and posted the local police for their protection. The next morning, however, he found

the house empty. Four days later, 61 mutilated bodies were found in a nearby pond, among

them a live Malika Bano whose right leg had been chopped off. Bano narrated a story that

continues to haunt Bhagalpur.

On the night of October 27, a frenzied mob took over the house from the police, slaughtered

the people hiding inside and tossed their bodies in the pond. Of the 864 cases registered by the

Bihar Police, chargesheets were filed in only 329 cases. In 100 of these, the accused were

acquitted for want of evidence. Chanderi was no different. Of the 38 accused, only 16 were

convicted and sentenced to rigorous life terms, while 22 were acquitted.

1992 Mumbai riots: Hours after the demolition of the Babri masjid, Mumbai erupted. For five

days in December 1992 and then again for a fortnight in January, the city witnessed

unprecedented riots. As many as 1,788 people were killed and property worth crores of rupees

destroyed. On January 25, 1993, the Maharashtra government set up the Sri Krishna
Commission of Inquiry, which recorded the evidence of 502 witnesses and examined 2,903

exhibits. But three years later, on January 23, 1996, the BJP-Shiv Sena government wound up

the commission, only to reinstate it later under public pressure. The commission finally

submitted its report on February 16, 1998. Of the 17 police officers who were formally charged

in mid-2001, not one has been arrested so far. Even departmental action has not been initiated
against them. In April this year, former city police commissioner RD Tyagi and eight serving

police officers accused of killing nine people, were discharged by a Mumbai sessions court.
 Gujrat Riots- Crime Against Humanity

The 2002 Gujarat riots, also known as the 2002 Gujarat violence and the Gujarat
pogrom, was a three-day period of inter-communal violence in the Western-Indian state of
Gujrat. Following the initial incident there were further outbreaks of violence
in Ahmedabad for three months; state-wide, there were further outbreaks of Violence against
the minority muslims for the next year. The burning of train in Godhra on 27 February 2002,
which caused the deaths of 58 Hindu pilgrims karsevaks returning from Ayodhya, is cited as
having instigated the violence.

According to official figures, the riots ended with 1,044 dead, 223 missing, and 2,500 injured.
Of the dead, 790 were Muslim and 254 Hindu. The Concerned Citizens Tribunal Report,
estimated that as many as 1,926 may have been killed. Other sources estimated death tolls in
excess of 2,000. Many brutal killings and rapes were reported on as well as widespread looting
and destruction of property. The Chief Minister of Gujrat at that time, Narendra Modi was
accused of initiating and condoning the violence, as were police and government officials who
allegedly directed the rioters and gave lists of Muslim-owned properties to them.

In 2012, Modi was cleared of complicity in the violence by Special Investigation Team (SIT)
appointed by the Supreme Court of India. The SIT also rejected claims that the state
government had not done enough to prevent the riots. The Muslim community was reported to
have reacted with anger and disbelief. In July 2013 allegations were made that the SIT had
suppressed evidence. That December, an Indian court upheld the earlier SIT report and rejected
a petition seeking Modi's prosecution. In April 2014, the Supreme Court expressed satisfaction
over the SIT's investigations in nine cases related to the violence and rejected as "baseless" a
plea contesting the SIT report.

Though officially classified as a communalist riots, the events of 2002 have been described as
a program by many scholars, with some commentators alleging that the attacks had been
planned, with the attack on the train was a "staged trigger" for what was actually premeditated
violence. Other observers have stated that these events had met the "legal definition of
genocide," or referred to them as state terrorism or ethnic cleansing. Instances of mass violence
include the Naroda Patiya Massacre that took place directly adjacent to a police training camp;
the Gulbarg Society Massacre where Ehsan Zafri, a former parliamentarian , was among those
killed; and several incidents in Vadodara city. Scholars studying the 2002 riots state that they
were premeditated and constituted a form of ethnic cleansing, and that the state government
and law enforcement were complicit in the violence that occurred.

Godhra Train Burning

On the morning of 27 February 2002, the Sabarmati Express, returning from Ayodhya, to
Ahmedabad, stopped near the Godhra Railway station. Several of the passengers were Hindu
Pilgrims, returning from Ayodhya after a religious ceremony at the site of the
demolished Babri Masjid, Per newspaper reports published before the incident, the karsevaks
had been making a nuisance of themselves for some time, troubling other passengers and
forcing them to shout "Jai Shriram". An argument erupted between the train passengers and the
vendors on the railway platform, as the karsevaks refused to pay for their tea and snacks. Later
enquiries with other train passengers revealed that the karsevaks had been doing this since
departing Ayodhya at many other railway stations including Dahod. The argument became
violent and under uncertain circumstances, four coaches of the train were torched by locals
with many people trapped inside. In the resulting conflagration, fifty-nine people (nine men,
twenty-five women, and twenty-five children) burned to death. From that incident a 3- day
Band was called by Vishwa Hindu Parishad in whole Gujrat and that was the thing which took
a violent tern known as the Gujrat Riots.

Many scholars and commentators have accused the state government of being complicit in the
attacks, either in failing to exert any effort to quell the violence or for actively planning and
executing the attacks themselves. The United States Department of State ultimately
banned Narendra Modi from travelling to the United States due to his alleged role in the
attacks. These allegations centre around several facts. First, the state did little to quell the
violence, with attacks continuing well through the Spring. Further, some attackers used voter
lists and other documents obtainable only with government assistance in order to target Muslim
communities and households. Moreover, the Vishwa Hindu Parishad (VHP), as well as many
politicians, including Modi, made inflammatory remarks and endorsed the state-wide bandh,
further stoking tensions. The historian Gyanendra Pandey, described these attacks as state
terrorism, saying that they were not riots but "organized political massacres." According
to Paul Brass, the only conclusion from the evidence which is available points to a methodical
Anti-Muslim pogrom which was carried out with exceptional brutality coordination.

The media has described the attacks as state terrorism rather than "communal riots" due to the
lack of state intervention. Many politicians downplayed the incidents, claiming that the
situation was under control. One minister who spoke with Rediff.com stated that though the
circumstances were tense in Baroda and Ahmedabad, the situation was under control, and that
the police who had been deployed were enough to prevent any violence. The deputy
superintendent of police stated that the Rapid Action Force had been deployed to sensitive
areas in Godhra. Gordhan Zadafia,the Minister of State for Home, stated that he believed there
would be no retaliation from the Hindu community. Once troops were airlifted in on March 1,
Modi stated that the violence was no longer as intense as it had been and that it would soon be
brought under control. The violence continued for 3 months with no intervention from the
federal government till May. Local and state-level politicians were seen leading violent mobs,
restraining the police and arranging the distribution of weapons, leading investigative reports
to conclude that the violence was "engineered and launched."

Throughout the violence, attacks were made in full view of police stations and police officers
who did not intervene. In many instances, police joined the mobs in perpetrating violence. At
one Muslim locality, of the twenty-nine deaths, sixteen were caused by police firing into the
locality. Some rioters even had printouts of voter registration lists, allowing them to selectively
target Muslim properties. Selective targeting of properties was shown by the destruction of the
offices of the Muslim Wakf board which was located within the confines of the high security
zone and just 500 meters from the office of the chief minister.
 Guidelines by the Home Ministry On Communal Violence

Introduction
The Maintenance of communal harmony, and the prevention /avoidance communal
disturbances/riots and, in the event of any such disturbances occurring, action to control the
same and measures to provide protection and relief to the affected persons, is a prime
responsibility of the state government.

Preventive Measures
Preventive a communal riot is a far more important than containing it . In this context the
district administration should carefully assess the communal situation in a district on a regular
basis and prepare profile of the district. They should identify and specify areas which are prone
communal sensitiveness and tensions, inter alia , in the light of;

a) The demographic profile

b) The existence of any structures, monuments, etc. around which there may be existing
or potential disputes/controversies.
c) Routes of processions, etc., which may have led to disputes or tensions in the past or
have such potential in the future.
d) The history of past disputes, clashes & riots, and
e) History of religious conversions & reconversions etc.

Administrative Measures
a) At the State level meetings of the State level Integration Committee, under the
Chairmanship of the Chief Minister, may be held at least once in a quarter to review
the communal situation in the State.
b) At the level of the State Government, a nodal cell may be set up to act as a clearing
house of information on the communal situation and matters related thereto. It may
maintain a database on various communal incidents, including details about the
damage caused, lists of cases registered and progress of prosecution, etc. It could
also study the patterns of communal disturbances in the State with a view to
preparing appropriate preventive plans. In addition, it could coordinate with other
departments/agencies on issues relating to compensation, relief and rehabilitation,
etc.
c) At the State and District levels, there should be a crisis management plan, which
should clearly delineate the possible causes and ramifications of the crises that
could erupt due to communal disturbances, identify specific roles and
responsibilities for different agencies when any critical situation arises, identify
the resources to be deployed, and set out the procedures to cope with such
situations.
d) At the field level, Police and the local intelligence agencies/ institutions best know
the elements who have a record of, or could be expected to, create communal rifts,
directly or indirectly. A list of such elements should be readily available in all
Police Stations. During festival season, or on any other occasion when communal
tensions, or possible incidents of a communal nature, are apprehended, immediate
steps should be taken to isolate such elements, including preventive action against
them wherever necessary.
e) In communally sensitive towns and areas, Peace Committees / Quami Ekta
Committees, comprising prominent citizens, community leaders and
representatives of political parties, respectable organizations, etc., should be set up,
and periodic contacts with them should be maintained by the concerned officers at
the police station, sub-divisional and district levels. Prominent persons/ members
of Peace/National Integration Committees, and voluntary organizations in the area,
could make a significant contribution towards the maintenance of communal
harmony, and prevention of communal discord, if they are involved in overseeing
the situation in areas over which they have influence. Women, who constitute a
very vulnerable group in the context of communal tensions /riots, play an effective
role in helping to defuse communal tensions and to prevent riots. Their fair
representation in Peace Committees could help in containing riot situation.
f) In the event of any incident or apprehension of communal tension, among other
measures, the peace committees should be immediately activated with the aim of
defusing the situation.
g) A Code of Conduct should be evolved in consultation with leaders of different
communities for the observance of various festivals which should be widely
publicized. Members of the Peace Committees should also be involved in
educating the public about the contents of such Code, so as to ensure that festivals
are observed in an amicable atmosphere without causing any annoyance to any
individual or sections of society. Mohalla Committees, comprising members of all
 communities, should also be constituted for the proper and peaceful observance of
festivals.
h) The unregulated use of loudspeakers has often been a cause for arousing passions
and evoking violent reactions among different groups of people. Apart from the
use of various legal provisions under different legislations to regulate the use of
loudspeakers, and strict observance/enforcement of any specific conditions that are
imposed while granting permission for the use of loudspeakers, care should
generally be taken not to permit use of loudspeakers between 1 1 P.M. and 6 A.M.
The provisions of the Noise Pollution (Regulation and Control) Rules, 2000 framed
under the Environment (Protection) Act, 1986, which regulates the use of
loudspeakers and amplifiers in all places, including places of worship, should also
be widely publicized and followed.
i) Various kinds of religious processions have very frequently led to communal
confrontation and clashes. Often, various organisations also tend to organise, and
view, processions on religious occasions as a show of strength, which could itself
become a cause for provocation. Organizers of religious processions may be asked
to give a substantial deposit if the procession passes through any sensitive areas,
and to ensure that they adhere to the permitted routes. In all cases where there is
any sensitivity attached to such processions, careful security arrangements must be
ensured along the route to prevent any untoward incidents and specific officers
should be made responsible/designated to ensure the same. This is in addition to
involvement of, and giving responsibility to, identified respectable members of the
community, in the peaceful conduct of processions.
j) Video/Audio coverage and cameras may be used to record the proceedings and
movements of such religious processions and gatherings, particularly where the routes
may be sensitive or, there may otherwise be even a remote apprehension of possible
untoward incidents. These recordings could be subsequently used, in case of any
communal disturbances, inter alia, for speedy identification and prosecution of the
offenders and, in the process, could also act as deterrent.

These were the following guidelines issued by the Home Ministry of India for curbing the
Communal violence crimes in India.
 Reasons Behind Communal Violence

As we know that India is land of different culture and religion and people live in harmony with
each other and most of the time they respect each other’s tradition and culture and believes, but
due to some anti-social elements and political motives of a fraction of people, Indians become
violent and come down on killing, raping, burning, looting etc. of their friends also.

There are many such reasons why the communal violence happens in our country, but the basic
reason is the political motive of some people. The researcher has tried to find some reasons
behind the happening of communal violence in a secular country India.

A legacy of Past;
On the basis of the “Two Nation” theory of Jinnah, India was partitioned. Communal politics
had played its nasty game during the immediate past of independent India. The “Divide and
Rule” policy of the British Government served their colonial interest. The partition of India
was the ultimate outcome of their politics. Despite the emergence of Pakistan, a large number
of Muslims are staying in India. India has adopted the principles of secularism and equality of
the people. But communalism as a legacy of past, is continuing and expressing itself in various
form.

Presence of Communal Parties;

Religion in India has become an important agency of political socialization and it is also
reflected in the ideology of a number of political parties. A number of communal and sectarian
political parties and organisations are present in India. Muslim League, Jamaat—Islami, Hindu
Mahasabha, Akali Dal, Vishwa Hindu Parishad are directly or indirectly responsible for the
emergence of communalism.

The so called secular political parties also enter into alliance with communal forces for electoral
benefit. Candidates are selected by different political parties considering the communal
composition of the constituency.

Some political leaders preach communalism to attain their immediate political goal. They have
become leaders and continue to remain as such only due to the adoption of communal and
sectarian interest. When political leaders and their organisations are not away from
communalism, obviously this spirit will be promoted in the society.

Isolation of Muslims
Indian Muslims have developed a tendency of isolationism even long after the creation of
Pakistan. They remain aloof from the mainstream of national politics. Most of them are not
interested to take part in the secular-nationalistic politics of the country. They insist on to be
treated as a separate entity.

With their separate culture and different customs, they have a distinct identity. Some orthodox
and biotic organisations not only uphold Islamic fundamentalism, they also demand reservation
facilities for Muslims. Their isolation creates a psychological separation and misunderstanding
which promote communal tensions in the society.

Poverty;
Mass poverty and unemployment create a sense of frustration among the people. It generates
backwardness, illiteracy, ignorance, etc. The unemployed youth of both the communities can
be easily trapped by religious fundamentalists and fanatics. They are used by them to cause
communal riots. Moreover, in comparison with the Muslims, Hindus are better placed in
service, industry and trade which cause a sense of contempt among them. The weak economic
status often breeds communalism.

The Social Clause;

The two major communities of India have been suspicious towards each other. The Muslims
complain of the threat of Hindu cultural invasion upon their lives and have become more
assertive of their rights. Either due to ignorance or insecurity, they do not fully accept the need
of family planning and help in increasing population.

The recent controversy over the Census Report shows how the Hindu Chauvinists react towards
the growing population of Muslims. Moreover, another social cause of communalism is
conversion. Every Indian has the right to follow whatever religion he/she likes. But when
conversion from one religion to another is made by offering some facilities like money,
education, service etc. it creates negative reactions.
Communalization of Politics
Electoral politics in India has become more expensive and competitive. Different political
parties are not hesitating to use any means, fair or foul, for electoral victory. They even create
communal tensions and try to take political advantage out of it. Concessions are granted to
various minority groups for appeasing them.

Each and every party is playing communal card and if situation so demands, is not hesitating
to join hands with the communal parties for coming to power. Communalization of politics as
a process is supporting the growth of communalism in India.

Cross-Border Factors;
Communal tensions in India sometimes are highly intensified due to the rule of two
neighbouring theocratic countries. These countries try to create communal problems in the
border states. The communal problems of Punjab and Jammu Kashmir are caused due to
provocation of Pakistan. So long as this cross-border factor is not removed, communal
problems are likely to stay in India.

Failure of Government;
Both the Union and the State Governments often fail to prevent communalism in the country.
Due to lack of prior information, they fail to take any preventive measures. So, the communal
violence can easily take innocent lives and destroys property. The post-Godhra riot in Gujarat
shows the inefficiency of the government to control the communal riot. Failure of immediate
and effective steps has been a cause of the continuance of communalism.
 Politics Behind Communal Violence

Gandhi Ji used to say that religion can never be separated from politics. What he meant by
religion, was not any particular religion like Hinduism or Islam but moral values that are being
passed as a message by all the religions. He believed that the politics must be guided by ethics
drawn from religion. The problem begins when religion is seen as the basis of nation. The
problem becomes more acute when religion is expressed in politics in exclusive terms, when
one religion and its followers are pitted against another. This happens when beliefs of one
religion are presented as superior to those of other religion. When the demands of one religious
group are formed in opposition to another and when state power is used to establish domination
of one religious group over the rest. This manner of using religion in politics is communal
politics.

Communal politics is based on the idea that the religion is the principal basis of social
community. The communalism involves following ideas.

1) The followers of a particular religion must belong to one community.

2) Their fundamental interests should be the same and any difference that they may have is
irrelevant for communal life.

3) It also follows that people who follow different religions cannot belong to the same social
community. If the followers of different religions have some common facts, then these are
superficial and immaterial. Their interests are bound to be different and involve a conflict.

4) In its extreme form communalism leads to the belief that people from different religions
cannot live as equal citizens within a country.

5) Sometimes communalism takes its ugliest form of communal violence, riots and
massacre. India has suffered communal riots at the time of partition and many times after
the independence. During the time of election, political parties also try to attract through
special appeal to the interests or emotions of voters of one religion in preference to other
religions.

So when communalism is added to the politics then there happens a situation when due to the
political factors or due to elections then the worst form of communalism takes place and people
are massacred from both the sides and properties are damaged. Most of the communal violence
that took place in India are because of the politics behind the back. The researcher has tried to
analyse the political factor behind this by putting an example of riot that took place in
Muzaffarnagar, Uttar Pradesh a year before the Lok Sabha Elections of 2014;

Evil Stalks the land- Final Report on Muzaffarnagar Riots

Nothing Happens Suddenly

A case is being made out that the recent riots in Western Uttar Pradesh, erupted abruptly and
unexpectedly. A minor incident of accident (or eve teasing) sparked the riot and everybody
including the, bureaucracy, security agencies, the police structure, political parties
and leadership, State and the Central Governments were caught unaware. This report, based
on the evidence collected and an account of witnesses recorded, probe this aspect and comes
to a conclusion that the stark reality is otherwise. The writing on the wall was loud and clear,
preparation for a large-scale violent eruption was on for quite some time. The blue print for
organising had been prepared, implemented and tested in Gujarat and Orissa.
Meticulous Planning
In parts of Western Uttar Pradesh and Uttarakhand, Sangh Parivar has been active for quite
some time. In fact it had increased its activities during the past two years. Very large gatherings,
RSS camps and procession have been organised in this area during this period. Evidence shows
that systematic effort to recruit unemployed youth, especially from Jat community and local
goons were being made, successfully, by the various Sangh Parivar outfits. The heightened
activity to recruit and communalise the mind could be traced back to 2010. In the seventies and
eighties western UP was a hotbed of communal clashes, but these were mostly and urban
phenomena. However, this area had not witnessed large-scale riots for quite some time and
even after the demolition of Babri Masjid, Sangh Parivar could not mobilise people for large-
scale violence after the 2002 carnage of Gujarat, the strategy of Sangh Parivar has changed.
They had worked in small growing town and the effort was to take the violence to the villages.
It is evident that the preparations for the engineering riots, entered into a new phase about eight
months ago. About 10-15 young men were recruited by the Sangh Parivar in each town and
village and were deputed to spread hate. Systematic and organised, incidents of eve-teasing
had increased many folds. The method was simple, use skull caps to eve tease a Hindu woman
and wear Kalawa while eve teasing a Muslim girl in Burka.
The anger against this escalation prepared the grounds for spreading notion of “love jihad” by
Sangh Parivar in a highly male chauvinistic society, a campaign, which made the two
communities suspicious of each other. Every, instance where a Hindu Girl was found talking
to a Muslim boy was publicised and seen as an invasion. This method had been successfully
used in Gujarat before 2002 carnage. About eight months back BJP organised a rally, which
was led by Umesh Mallik (Candidate MLA, BJP) and Sanjeev Buliyan (a builder), whereafter
delivering hate speeches, Trishuls were distributed. In March 2012, RSS praised Modi and
criticized UP BJP for having"the lack of inspirational leadership" in Uttar Pradesh. This
followed by visit of Vinod Jain, a self-proclaimed member of “Modi Army” who interacted
with more than 2 lakh people in UP.

So, according to the report presented, it is evident that there could be many reasons behind the
communal violence that took place but one of the primary reasons was the polarisation of locals
on the basis of religion and culture and one of the main cause of fire was the people from
different political parties who went there or who by aid of their speech got the mov to react this
violent on each other, here lack of good administration by the district authority is also one main
reason.
 Recommendations

Following are the recommendations provided by the Researcher on analysing the whole
communal violence;

 A Code of Conduct should be evolved in consultation with leaders of different

communities for the observance of various festivals which should be widely
publicized. Members of the Peace Committees should also be involved in
educating the public about the contents of such Code, so as to ensure that festivals
are observed in an amicable atmosphere without causing any annoyance to any
individual or sections of society. Mohalla Committees, comprising members of all
communities, should also be constituted for the proper and peaceful observance of
festivals.
 The unregulated use of loudspeakers has often been a cause for arousing passions
and evoking violent reactions among different groups of people. Apart from the
use of various legal provisions under different legislations to regulate the use of
loudspeakers, and strict observance/enforcement of any specific conditions that are
imposed while granting permission for the use of loudspeakers, care should
generally be taken not to permit use of loudspeakers between 1 1 P.M. and 6 A.M.
The provisions of the Noise Pollution (Regulation and Control) Rules, 2000
framed under the Environment (Protection) Act, 1986, which regulates the use of
loudspeakers and amplifiers in all places, including places of worship, should also
be widely publicized and followed.
 Various kinds of religious processions have very frequently led to communal
confrontation and clashes. Often, various organisations also tend to organise, and
view, processions on religious occasions as a show of strength, which could itself
become a cause for provocation. Organizers of religious processions may be asked
to give a substantial deposit if the procession passes through any sensitive areas,
and to ensure that they adhere to the permitted routes. In all cases where there is
any sensitivity attached to such processions, careful security arrangements must be
ensured along the route to prevent any untoward incidents and specific officers
should be made responsible/designated to ensure the same. This is in addition to
 involvement of, and giving responsibility to, identified respectable members of the
community, in the peaceful conduct of processions.
 Video/Audio coverage and cameras may be used to record the proceedings and
movements of such religious processions and gatherings, particularly where the routes
may be sensitive or, there may otherwise be even a remote apprehension of possible
untoward incidents. These recordings could be subsequently used, in case of any
communal disturbances, inter alia, for speedy identification and prosecution of the
offenders and, in the process, could also act as deterrent.
 Appropriate measures should be taken to regulate the carrying of firearms, sharp
weapons, bludgeons, sticks, corrosive substances and explosives, etc. Such measures
may include, where necessary, direction for depositing these with the police on certain

occasions.

 The composition of the police force, especially those deployed in communally

sensitive areas, should be representative of the social structure of the region so as
to ensure its credibility, and help in creating a feeling of confidence among all
sections of the people.
 Medical Relief Teams should be constituted in such a manner that, as far as
possible, members of various communities are represented in it. The team should
not only be technically competent but should have the qualities of sincerity and
empathy for the victims.
 In communally sensitive and riot prone areas police and administrative officials
of proven integrity, efficiency, impartiality and non-partisan outlook should be
posted.
 During communal disturbances, various VIPs/political dignitaries visit these areas with
a view to strengthening the public confidence. It is desirable that necessary care may
be taken by all to ensure that measures taken by the local administration for
maintenance of law and order and conducting relief operations, etc., continue as per
the plans.
 There are many voluntary organisations in the country, which are working in the
field of promoting peace, national integration and communal harmony. Such
Organisations usually have motivated and well-intentioned volunteers and
workers. The district administration should maintain comprehensive information
and data base about such organisations, and should mobilize support of, and
 encourage, such organisations, in their efforts to maintain communal harmony, and
diffusing tension if a communal situation arises.
 If any communal incident occurs, channels of contact with media persons should
be established at a responsible level. The objective is to provide the media with the
facts to avoid speculative reporting leading, inter alia, to fuelling rumours and
community sentiments. Frequently, the electronic media continuously shows
images of specific incidents, which could lead to exaggerated perceptions about
the incidents and lead to provoking sentiments and passions. Regular monitoring
and briefing of the media in this context should be ensured.
 Whenever any communal incidents are apprehended or occur, prompt and
immediate preventive/enforcement action may be taken, including, imposition of
prohibitory orders/ curfew, as necessary, and strict and neutral enforcement of the
same, apprehension [arrest of the potential miscreants/ those indulging in violence,
arson, etc., registration/institution of cases.
 Prosecution of all offences relating to communal violence/ rioting should be
carefully monitored and, wherever necessary, special investigation teams (SIT)
may be constituted for ensuring fair and impartial investigation.

 Make arrangement to provide quality education not only book education but in
the field of cultural, moral and harmonious relations.
 Generate good employment opportunities so as to keep all unemployed busy in
their work.
 Develop and maintain very efficient information system so as to get first-hand
information about such untoward incidences.
 Develop and maintain good and efficient information agencies to view/read,
understand and predict the result of information received well in advance.
 Make police, home guard and other such agencies to make them fit and armoured
with such protective devices required to stop spreading such incidences.
 Instantly stopping of TV, internet, mobile and land line phone services by just one
command so as to stop spreading of false and mischievous news.
These are the following recommendations put in by the researcher for the control
of Communal Violence.
 Conclusions

From this research, it can be calculated that since communal violence is because of the hate in
people and because of lack of education and people hatred towards other religion, political
vendetta and many politically motivated things.

So here the researcher suggests that this form of violence can be curbed only by educating
every stake holder of the society and people should seek and cast votes on the issues of
development and not on politically motivated things.

And the communal violence is done by people who become so violent and out of their senses
and don’t think the humanity clause involved. So, human rights watchdogs should also take
part in the society and government has to understand each other and anything happening against
a person or community should be dealt with the procedure established by the law and mob
should not be encouraged. These were the following conclusions after having a detail analysis
of the topic and all the recommendations should be put into happening by the government and
government should take good initiative so that no any form of communal clash takes place in
the great country India and everyone should live with peace and harmony and everyone should
respect each other religion and views..
 Bibliography
(Wilkinson, 2005)

(Ayyub, 2016)

(Home Ministry of India , 2018)

(Commission, 2013)

(Pillai, 2012)