Final Project of Communal Ism

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1 CHANAKYA NATIONAL LAW UNIVERSITY SUBMITTED BY:- Raj kumar Roll No.:- 592(1 st semester) SUBMITTED TO :- Mr. P.K. Pandey SUBJECT:- Legal Method Topic:- Communalism and communal violence  

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CHANAKYA NATIONAL LAW UNIVERSITY

SUBMITTED BY:- Raj kumar

Roll No.:- 592(1st

semester)

SUBMITTED TO :- Mr. P.K. Pandey

SUBJECT:- Legal Method 

Topic:- Communalism and communal violence 

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ACKNOWLEDGEMENT

It is my privilege to record my deep sense to perform gratitude to those who helped me

in completion of this project.

In making of this project many people helped me immensely directly or indirectly. First

of all I would like to thank Mr. P.K.Pandey who had given me an idea and

encouragement for making this project. where I would like also to thank my friends for

being cordial in order to make conducive environment of the CNLU Hostel.

Raj kumar

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RESEARCH METHODOLOGY

Research Methodology is a systematized investigation to gain new knowledge about the

phenomena or problems. Legal phenomena require their own research methodology.

The research methodology applied here is doctrine method of research. The systematic

investigation of problems and of matters concerned with the topic “communalism and

communal violence” has been done. The books in the library and materials available on

the internet have been used to study about the topic. The main goal of this research is to

understand the legal system prevailing in this era in comparison to what existed a

decade ago.

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HYPOTHESIS

After getting this project by my subject teacher I presume that this topic means:

Communalism is a term with three distinct meanings according to the Random House

Unabridged Dictionary'. These include (1) "a theory of government or a system of 

government in which independent communes participate in a federation". (2) "the

principles and practice of communal ownership". There is no indication whether

communalism (sense 2) would apply in the "independent" communes described in the

definition of communalism (sense 1). However, in practice, many experiments in

utopian socialism such as that of the Spanish anarchists did implement internal rules of 

communalist property ownership in the context of federated communalism.

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CONTENT

1. Introduction  2. Historical background 

3. Constitution of India and Communalism

4. Effect of communalism

5. Communal violence 

6. Historical background of communal violence 

7. Situation in present scenario 8. Conclusion 9. Bibliography 

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INTRODUCTION

A unique feature of our country is that the major religions of the world are practised here like

Hinduism, Islam, Christianity, Buddhism, Sikhism, Jainism and Zoroastrianism. Hinduism is

a dominant religion and others are in minority. But we can notice comparative peace and

freindliness among other religions. Unluckily this peace and friendliness are not seen among

the Hindus and the Muslims. The two have never respected each other's identity and broken

out from time to time in various parts of the country. And whenever there is a riot, national

integrity has fallen into danger. We can trace the history of communal riots in the background

of our independence. We gained our independence after a long and difficult struggle. Our

leaders had a vision of a free and a united country, which inspired them to fight eventually

not one but two countries were formed, India and Pakistan. The separate state of Pakistan was

created for Muslims. When these two states were formed terrible problems arose. There were

many Hindus in Pakistan and Muslims in India. Some cummunal minded people began to

inflame communal passion. They began to riot and kill people belonging to the other faith.

Communal hatred showed its true colours as lakhs of innocent people were massacred and

millions rendered homeless. The horrors of partition had a strong effect on everyone's mind.

The creation of Pakistan could not solve the communal problems. Hindus and Muslims

remained at daggers drawn. The makers of the constitution resolved that India would be a

secular state where everyone would be free to practise his/ her religion. But due to some

misguided people and corrupt Politicians several communal riots have broken out even after

independence. In 1979, Aligarh was utilized by communal roits and it took several months to

bring the situation under control. In 1980 there were communal riots in Muradabad, Aligarh,

Allahabad, and Delhi. Again in 1987 and 1991 there were widespread riots in Meerut. To

crown them all was the drab Carnage which occurred in the year 2002. It looked a partition

again. These communal riots are the greatest blot on humanity they spread hatred andinsecurity. They lead to a great distruction of life and property. The normal lives of people

are disturbed which is a great loss to the country as well. For the well being of all our people

and the country, it is important that we respect other religions and live in peace and harmony.

Our leaders can be of great help in this field. They can inspire people to outlook the

differences between Hindus and Muslims. Social workers should extend their helping hands

in preparing an atmosphere of love, friendship and harmony. Disputes should be solved

peacefully. The media of mass communication should promote an atmosphere of natural

understanding by high highlighting the similarites in the culture of the two communities. The

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T.V., newspaper and the radio should not give any such news which may inflame communal

feelings. Instead the news should aim at restoration of peace which alone can save humanity.

BACKGROUND

Fifty-four years ago the UN Declaration of Human Rights came into force worldwide. This

time frame, give or take a few years also coincided with the birth of fledgling nation states

who emerged from centuries of colonial rule in Asia and Africa. Within these formulations,

many of which consciously, as a result of their individual nationalist struggles chose the

democratic option sworn to notions of egalitarianism, the realisation of individual human

rights ought to have been more and more assured. India is a classic example. Our

Constitution adopted just two years later after the Universal Declaration of Human Rights

adopted by the UN General Assembly on December 10, 1948, is an admirable sister

document, of the UN charter reflecting a seriousness and commitment to notions of equity

and justice in the context of a democratic and secular order. The opening declaration of the

UDHR compares so closely to the Preamble to the Indian constitution; the UDHR‟s Article 2

on non-discrimination on the basis of race, colour, sex, language, language, religion, religion,

 political or other opinion etc. is ably reflected in our constitution‟s Article 15: “Prohibition of 

discrimination on grounds of religion, race caste, sex or place of birth of any of them.” 

Similarly the UDHR‟s Article 3 on “everyone has a right of life, liberty and security of 

 person” is reflected in Article 6 of the Indian Constitution: “Every human being has the

inherent right to life. The rights shall be protected by and under law. No one shall be

arbitrarily deprived of his life.”

The same comparisons can be found between Articles 7 and 18 of the UDHR that deal with

non-discrimination in protection before the law and freedom of religion, thought and

conscience and the Indian Constitution‟s Articles 14 and 25. 

However like in the west, where inherent notions of white supremacy and dominance have

allowed racism to exist, or subsist, surface and even flourish within western democracies -

side by side with the laudable Bill of Rights and other fundamental freedoms -- inherent

inequities among the social and economic strata within the Indian nation state have seriously

hampered the deepening of democracy and through this process, the realisation of actual

individual human rights to citizens living under the Indian political dispensation.

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Poverty, or economic deprivation is undoubtedly the greatest obstacle in the attainment of 

individual freedoms and genuine liberty. The tragic disparities that Indian society not merely

always did have, but appears to have enhanced over fifty years‟ of independent governance,

are clear pointers to this inescapable reality: that economic dignity and independence go a

long way towards exercising choices and living lives that are genuine manifestations of lived,

personal liberty.

However within economic disempowerment and inequity in opportunity remain a critical

source of denial of basic human rights, increasingly caste and community based disparities

and discriminations are the cause also, of not simply denials but serious breaches.

The denial, or rather violently snatching away of the rights of minorities (religious) to life,

protection from the law, access to employment, right or residence in any part of India have

been insidiously taking place in the country over the last two decades. This erosion has been

happening under the increasing social sway of and credence being given to the majoritarian

communal ideology of Hindutva  — the ideal of a Hindu rashtra (as opposed to a democratic

and plural and democratic nation). The erosion has manifest itself through eating at the very

morale and ethic of democratic institutions like the law and order machinery -- the police, the

executive and even the judiciary. Increasingly incidences of partisan and biased ways of 

functioning have been discerned and analysed. In fact, a singular fact of the political

functioning of the BJP and it‟s cadres when in power has been to infiltrate different segments

of the police, judiciary, media and education system with persons avowed to their rigid

ideology and worldview. This, therefore, poses the single most serious threat to Indian

democracy today.

Impact of Communalism

Communalism has divided our society for long. It causes belief in orthodox tenets and

principles, intolerance hatred of other religions and religious group, distortion of historical

facts and communal violence.

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HISTORICAL BACKGROUND

One cannot understand the phenomenon of communalism without understanding the very

nature of society. Society plays a very important role in the genesis of communalism. One

cannot divide the society unless it is divisible along certain fault lines. These fault lines get

further aggravated in certain conditions. These fault lines do exist in feudal societies but

don‟t play the politically divisive role they do in a colonial or capitalist society, which are

much more competitive. It is important to note that throughout history the Indian society was

never homogenous. It was highly diverse religiously, culturally, caste-wise and linguistically

but there was hardly any tension between these groups. The phenomenon began with the

establishment of British rule in India. Most scholars agree that communalism is a modern

phenomenon and not a medieval phenomenon. Why did the social cleavage get so aggravated

with the advent of British rule? The cleavage existed earlier but turned hostile in the British

colonial period. The explanation for this is quite complex as there are a host of reasons for

this. However, the following three reasons are quite predominant: the divisive policies of the

British; the competitive nature of colonial, political and social structure; and the

backwardness of colonial society with stunted economic growth. The British rule was shaken

by the war of independence in 1857 when Hindus and Muslims united to challenge British

hegemony. But as the British found out they were easy to divide. The fault lines were

sharpening and communal consciousness was emerging among the Hindu and Muslim elite.

It should be noted that communalism is basically an upper class elite phenomenon. The

Hindu elite welcomed the British rule as a “liberative” one and began to aspire for higher 

administrative jobs. The Muslim elite  — mostly feudal — on the other hand, considered the

British rule an unmitigated disaster as they lost power but and suffered the most during the

retaliatory action by the British after the 1857 uprising. They developed an aversion of sorts

to the British rulers and were quite reluctant to take to modern education introduced by them.Sir Syed Ahmad Khan, a great thinker and educationist urged the Muslim elite to opt for

modern education to better their future. Hence, the Hindu and Muslim elite began to compete

for British jobs and political favour. This widened the cleavage between the two elite. The

British exploited this fully. The formation of the Indian National Congress in 1885 made the

British apprehensive of the rising aspirations of “Hindu nationalism” and as a result they

began to manipulate the Muslim feudal elite to play them against the Hindu elite. Thus the

colonial society sharpened communal consciousness and the British further fuelled separation

through political manoeuvres. The Hindu and Muslim masses remained aloof from these

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controversies and coexisted without hostilities  —  there was no competition for jobs or

political posts at their level. However, there was some trickle down effect. Communal

hostilities intensified with the passage of time. Controversies about sharing power arose

between the Hindu and Muslim elite. This included the constitutional arrangement for sharing

power. Communalism is not a product of religious hostilities. It is a result of political and

economic struggles for a share in power and resources between the educated elite. It is not a

subaltern phenomenon either as they are not involved in such struggles. Jinnah, a product of 

Lincoln‟s Inn in London, represented the Muslim elite, not the Muslim masses. The orthodox

Ulema, on the other hand, were closer to the masses and represented their aspirations. No

wonder then that Jinnah and the Deobandi Ulema never saw eye to eye on political matters.

The latter were closer to the Indian National congress than to the Muslim League, which was

the party of the Muslim elite. They supported composite nationalism rather than Muslim

separatism. British society was essentially a colonial society and the masses had no say in

political matters, as there was no universal franchise. After independence universal franchise

was introduced and the masses began to participate in the political processes. For a few years

after independence the Congress was elected to power. Congress leaders like Nehru and

others enjoyed tremendous prestige and people of all castes and communities voted for it.

However, the political scenario began to change sharply at the end of sixties. The few general

elections had brought more political consciousness to the different castes and communities.

The various castes and communities began to develop heightened consciousness and began

demanding a greater share of power. Only the upper castes among the Hindus had all the

political or economic benefits so far. Increased participation in political processes made

minorities and lower caste people understand the importance of their vote and they began to

make increased demands, thus changing the dynamics of political change. This added a new

dimension to communalism, which we had inherited from the British period. Economic

change also added to the social strife. With land reforms, middle castes in various states

acquired more social clout and demanded a greater share in political power. The Reddys and

Cammas in Andhra Pradesh, Patels in Gujarat, Marathas in Maharashtra, Yadavs in Utter

Pradesh and Bihar etc. acquired much greater clout and were wooed by political parties.

During the early eighties Mrs Indira Gandhi realised the potential of these castes and sought

their support for electoral purposes. In some cases communalism provided an easier route to

power for these castes. Thus the Patels in Gujarat flocked around the BJP to claim a greater

share in power. Other backward castes also found it attractive to support communal outfits. A

sociological study of castes supporting the VHP will be quite an interesting phenomenon.

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Finding no place in established secular parties, most of the backward castes found ready

acceptance in outfits like the VHP. And to be in the VHP, one has to compete with others in

displaying communalism. The communal rhetoric helped them doubly: they rose in the

esteem of the upper caste Hindus and it also ensured that they quickly rose in the political

power hierarchy. The BJP which earlier had a narrow upper caste base found it extremely

difficult to win parliamentary seats. It felt the necessity to widen its base. Initially it opposed

the implementation of the Mandal Commission in 1990. But soon it realised its political

potential and began to woo the OBCs (Other Backward Classes) to its fold. For these OBCs it

was not easy to rise through the higher ranks of the political hierarchy. They thus flocked to

the VHP, which was a militant Hindu organisation. The extreme communal rhetoric made

them more acceptable to the Hindu nationalist organisation. The extremist rhetoric ensured a

quick rise of OBC leaders like Kalyan Singh (who rose to become the chief minister of UP),

Uma Bharti, Sadhvi Rithambara, Acharya Dharmendra Acharya Giriraj Kishor, Pravin

Togadia and others. Ramjanambhoomi became the peg to hang their political aspirations on.

It was confrontationist politics all along for them. More extreme the rhetoric, the quicker the

rise. The Shiv Sena too attracted those castes which were below the Mahars in the

Maharashtran caste hierarchy. The Mahars had already acquired political clout due to

Ambedkar‟s struggles but those below the Mahars had no such clout. In a bid to expand its

own political base, the Shiv Sena gave them political importance and attracted them. Muslim

politics also underwent similar change. In pre-partition days Muslim politics was the

monopoly of upper class Muslims known as ashraf. Most of the ashraf from minority areas

like Utter Predesh. and Bihar migrated to Pakistan leaving behind the low caste and poor

Muslims known as ajlaf. Most of these Muslims were artisans and belonged to lower

professions. These Muslims acquired economic clout in post-independence India. They began

to rise in the class hierarchy and began to aspire, like the OBCs among the Hindus, for more

political power. This drove a section of them to religious and fundamentalist rhetoric. Some

of them acquired confrontationist postures during the Shah Bano movement. The Babri

Masjid issue also has to be seen in this light. The confrontationist postures from both sides

sharpened communal consciousness and communal violence became more intense and

widespread during the eighties and early nineties. Indian society will continue to experience

such violent caste and communal eruptions as long as it does not find political and economic

equilibrium in terms of castes and communities. The rise of OBCs on the one hand, and the

impact of globalisation on Indian economy on the other, will continue to cause occasional

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eruptions of violence in Indian society for quite some time. Caste and communal polarisation

will haunt us as long as we are unable to create a more egalitarian society.

Constitution of India and Communalism 

Gandhism could not play a creative role after Independence either in field of social justice or

in the field of religion. Its real spirit died with Gandhi himself. Nevertheless, the

Constitution of India adopted for this kind of secularism which comes out from Article 25 to

30 providing for freedom of religion and protection of cultural and educational rights of 

minorities, as well as some other Articles.

First, it guarantees freedom of religion to individuals as well as to religious groups. Second,

it guarantees equality of citizenship that is no discrimination on grounds of religion (Article

15.1), equality of opportunity in public employment (Article 16.1.2), no discrimination in

educational institutions (Article 29.2) and no communal electorate (Article 325), although

there is a special provision for reservation of seats for scheduled castes and scheduled tribes

(Article 330) 1 and 332). Third, it provides for separation of State and religion, that is, no

special taxes for promotion of religion (Article 27) and no religious instructions in State

educational institution (Article 28). The provisions in these articles make clear that the

intention of the Constitution is neither to oppose religion nor to promote a rationalization of 

culture, but merely to maintain the neutrality and impartiality of the State in matters of 

religion.

Legal Provisions

The existing legal provisions, both preventive and punitive are adequate enough to prevent

and suppress communal riots. 

Code of Criminal Procedure, 1973 

Section 151: Under this Section, a police officer is empowered to arrest, without a warrant, a

person designing to commit a cognizable offence.

Section 144: The Section deals with cases urgent in their character, of either nuisance or

apprehends danger. An order under this section can be passed only by an Executive

Magistrate and Commissioner of Police; the order may be directed to a particular individual

or to persons residing in a particular area, or to the public generally when frequenting or

visiting a particular place or area.

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Section 145: An Executive Magistrate, on receipt of police report can take action under this

Section whenever disputes between parties regarding possession of land or right of its use as

an casement or otherwise threatens to develop into riots.

Likewise, there are other laws to prevent riots like Section 129, Section 130, Section 131,

Section 132 and Section 106.

Curfew order is imposed by an Executive Magistrate and Commissioner of Pohce under

Section 144 of the Code of Criminal Procedure to prevent stabbing, looting and arson

particularly when a more stringent application of Section 144 becomes a necessity. In quite a

larger number of cases, the spread of communal riot could be averted by prompt imposition

of curfew and its effective enforcement. Violation of curfew order is a cognizable offence

and punishable under Section 188 I.PC.

IPC Section 295 to 298 deals with offences relating to religion.

Section 141 IPC defines unlawful assembly; Section 142 defines who is a member of 

unlawful assembly; Sections 143, 145, 146, 147, 148 and 149 I.P.C. lay down punishments

for being members of an unlawful assembly, riot etc., and constructive liability of each

member of an unlawful assembly for acts done by others.

Section 153 — A (c) I.P.C. and widening of its scope by Criminal and Election (Amendment)

Act of 1969 has given a powerful instrument to those District Magistrates and

Superintendents of Police who are really alert in preventing communal riots.

EFFECT OF COMMUNALISM

After the call-off, the Non-Co-operation Movement was the growth of communal tension and

the occurrence of communal riots. The tabligh movement was started by Muslim

communalists to promote conversion to Islam. The Shuddhi movement was started by Hindu

communalists to reconvert to Hinduism, persons who had been converted to other religions.

The communal parties were not concerned with the freedom of the country but wanted to get

concessions for the upper classes of their communities. Muslim League which cut itself off 

from the Congress in the 1920s and started pursuing its communal demands. The Hindu

Mahasabha which had been formed in 1915, demanded special privileges for Hindus in

provinces where they were in a minority. The communal tendencies hampered the nationalist

movement. They did not concern themselves with questions affecting the common people-

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poverty, social reform and equality. They were concerned only with the rights and privileges

of the upper classes of their community. Many communal riots occurred in various parts of 

the country as a result of the activities of communal organizations.

Communal Violence

Of late, communal violence in India has assumed alarming proportions. Hardly I a year

passes without a communal incident in one part of the country or the other. It dislocates

social and economic life. It leaves behind atrail of bitterness and terrible memories. It

weakens the task of national consolidation. Unless systematic, vigorous and effective

measures are initiated to contain the growing communalism, it does not appear probable that

our society can usher in an era of enlightenment, social cohesion and economic well-being.

Growing feeling of communalism is a by-product of development of nationalism. The British

were seen as outsiders, enemies of the nation. While mobilising the people to fight the British

and to drive them out of the country, inspiration was drawn from j the acts of bravery of 

heroes like Sivaji and Rana Pratap, who in their own way, fought with the Mughals. The

Mughals were then seen as representing the forces inimical to the nation. They were seen as

desperadoes who inflicted humiliation on the native Hindus.

The memories of the destruction of Hindu shrines by Mehmood Ghazanavi and Md. Ghauri

as well as imposition of Jizia by Aurangzeb on the Hindus were revived to put the Muslim

community in the dock. Past was called in to aid chauvinists to fix the guilt on the

contemporary Muslims for the supposed deeds of their ancestors. Thus were sown the seeds

of Hindu militancy in the late 19th and the early 20th century. Although the Hindus and the

Muslims have co-existed in this sub-continent for more than a thousand years, the social

interaction between them has not progressed beyond formal relationships in agriculture, trade

and industry. Closer intimacies between-the people belonging to these communities are

barred by a long tradition going back to the period of earliest contact between them. There

are historical precedents of Mughals marrying Rajput princesses; such occurrence appears to

have been a very limited exception to the rule and was more for diplomatic reasons rather

than for bringing the two communities socially closer. Inspite of the irreconcilable

differences between the ways of life of the two communities, incidents of communal clashes

between the two communities prior to the present century are hardly noticed. The layout of 

different localities and houses in traditional villages and townships prevented closer

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interaction between the two communities and there was tacit acceptance of the basic

differences between their social mores which made for permanent non-interference in each

others' affairs. The beginning of communal strife can be traced in the crisis of identity faced

by the two major communities in the wake of political dominance of the British and the

increasing westernisation following industrialisation of Indian cities.

Worthlessness of the present and hopelessness of the future mingled with a nostalgia for the

glorious past (of the golden Hindu age or the days of the Moghal empire) stir them to activity

and rouse them sufficiently to perform the acts of heroism by way of stabbing or lynching

hapless victims of the other community. Any opportunity that comes their way is readily

seized by them. But for such opportunities, their valour might have gone unnoticed and their

heroism unsung. They would not make any attempt whatsoever to throw water over the

communal fire; they will rather pour oil of malicious slogans to stir up the flame.

Communal flare up has a few manifest causes and many underlying latent causes. Men's

behaviour is the result not so much of conscious motives at play, but a very great deal of it is

due to machinations of the unconscious. The same explanation applies to group behaviour or

the behaviour of an incendiary crowd. Act of aggression or violence is the language of the

unconscious. Unless unconscious motive is understood and explored, we cannot make head

or tail of communal conflagration.

Communal hatred, of which violence is extreme manifestation, is rooted deep in the

unconscious of the people of Indian sub-continent. That people are born unequal in different

castes or religious denominations is almost an unshakable belief in the minds of the H'ndus.

This belief has almost fatalistic overtones. It is a product of social determinism. The

legislation on removal of untouchability, adult suffrage and reservations has made little

impact on the illiterate and the uneducated. They know that to hear something is different

from personally experiencing the same.

Whereas stratification in terms of Brahmin, Bania and Sudra are indicative of caste

affiliation, the distinction between the Hindu and the Muslim indicates a supra-caste system,

a more irreconcilable difference than is denoted by the different castes. There appears to be

no meeting ground between them socially. The Hindus and the Muslims look at one another

with a sense of mystery and at times with pathological suspicion as if they do not belong to

the same species of Homosapiens, but to different species. There is a deadlock of communication between them. Industrial society has brought the.two together in factories, in

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trade, in office and in living quarters. They have mostly formal relations among themselves.

Intimacies leading to marriage ties are not "the done" thing; these are singular exceptions.

The prejudices contracted in the past have not lost any intensity with the'lapse of time. They

have rather fed on fresh developments like the partition of the country, popular elections and

cutthroat competition in the scarce job market. It is a point for consideration whether persons

with known criminal records perpetrate communal violence or the non-criminals join the fray

under provocation. It has been the experience of the investigators of communal violence that

the overwhelming majority participating in communal "violence is that of non-criminals.

Crime is singularly secular in nature and flourishes with equal felicity among all religious

denominations and communities. It is experienced that even mild mannered persons, who

would not kill a fly, can be roused to communal frenzy under sufficient provocation.

This fact demonstrates how strong is the hold of symbols of religion - temples, mosques,

scriptures, idols - on the psyche of the people. This hold is stronger than the hold of living

fathers and mothers. If you ignore these symbols, you cut yourself from all bonds with the

community. Once this happens, no matter what is your rank or status in the society, you cease

to belong to the in-group of the society. You are as good as social outcast.

There appears to be a close relationship between industrialisation and communal violence in

India. Insecure people, where insecurity is due to emotional, cultural or economic factors,

tend to have predispo-sition to uninhibited communal frenzy and irrepressible inclination for

violence and destruction. Factory workers are living a precarious existence in industrial cities.

They no longer have the emotional sustenance and social security they used to get in their

village homes by engaging themselves in traditional professions.

They are always apprehensive of being cheated by city dwellers - a Baniya or a trade union

leader. The farther away they are from their moorings, from their ego-ideals, stronger

attachment they feel towards them (resurgence of Hindutva sentiments in the American and

the British Hindus is an apt illustration). They glorify everything that belongs to the past. The

slightest disrespect shown to their religion or culture or language wounds their self-esteem.

They are enraged. They want to wreak vengeance. This vengeance assumes the outburst of 

communal violence. Driven to improvised labour colonies/slums by sheer economic

compulsion, the wage earners coming from different villages, communities and religions

have no strong social bond. They feel that they cannot relate to one another meaningfully.

This inability makes them feel repressed and uncomfortable. The loss is felt all the more

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keenly as they have left out a much fuller social life back home. A communal conflict

provides them with an opportunity to identify themselves with one of the contending parties.

The membership of the Hindu or the Muslim community at such a time caters to their self-

esteem. They distinguish themselves as an in-group of the communities by destroying their

opponents, damaging their property and inflicting defeat on the enemy.

The problem of communalism at the present stage of societal development in India is almost

intractable. This is as difficult as eradication of prejudices from the human mind. It is easier

to part with money or comfort, but it is much more difficult to part with one's pet prejudices.

These prejudices have resided in human mind for centuries; framework of years or even

decades appears to be too short for ridding the human psyche of prejudices particularly those

relating to colour, religion and language. But this realisation should not act as a deterrent in

coming to grips with the problem and chalking out a purposeful plan of action to contain it

and ultimately to solve the problem. The task of curing India of communal virus is no less

difficult than transforming her from a semi-feudal superstition-ridden society into a modern

enlightened society. The hold of the past on our people has to be loosened by developing in

them futuristic orientation. People of various communities and religious persuasions joined

together in the common endeavour to overcome their present disabilities and to attain a

prosperous future would have little time and inclination for petty squabbles andrecriminations.

They will labour together in fields, factories and laboratories to increase the food production,

consumer goods and sophisticated devices and gadgets to improve the quality of life.

Economic linkages between people of different communities will provide an antidote to

communal virus and heal the wounds of the past. The educational institutions, particularly the

universities, can play a pivotal role in enhancing awareness about the anthropological and

sociological findings that confirm the equality of races and communities.

While elimination of communal feelings requires multi-pronged strategy involving

educational, social and political measures, prevention of communal conflagration requires

alertness and immediate response from the law and order administration. The District

Administration should regularly update itself about the various developments likely to cause

communal ruckus.

It can initiate preventive detention of mischievous elements from the concerned communitiesand can thus reduce the chances of a communal conflagration. The local magistrates should

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keep themselves updated with the happenings in religious congregations and should be on the

lookout for any serious portents of communal trouble. Timely information can ensure

preparedness of the administration for unpleasant situations as it will not be caught napping.

HISTORICAL BACKGROUND OF COMMUNAL VIOLENCE

Most communal riots prior to 1947 were rooted in the „divide and rule‟ policy of the British

colonial rule. But after the partition of the country, sections of the Indian elite from both the

communities are also to be blamed for the problem. Communal violence in independent India

has been caused by many factors. Some general factors are : First the class divisions of our

society and the backwardness of our economy has resulted in uneven development of the

economy. It is the upper classes of the less-developed communities that have enjoyed the

fruits of limited growth and hence it is they who have also enjoyed political power. Over a

period of time some sections among this elite developed a sense of rivalry vis-à-vis their

counterparts in other communities. In order to draw support from the masses of their own

community, these leaders have often encouraged communal feelings to strengthen their

political support. Thus, the traditional beliefs of the society are perpetuated to the advantage

of the elites. When they, many among common people, feel insecure because of some

adverse circumstances, they often tend to rely on religion, which make them vulnerable to

political manipulation to inflame communal passions, some times leading to violence.

Communal violence also increases because communal parties carry on religious propaganda

in an offensive manner, thereby creating ill-will among the members of the various

communities. The political parties in India which adopt a communal attitude should be

blamed for encouraging communal feelings which often cause communal violence. Apart

from these general factors, some specific local causes also account for communal violence in

India. First, because the power of smugglers and criminal gangs, local rivalries between

traders of different communities often leads to such violence. Large cities are also prone to

periodic communal riots because of the power of smugglers and criminal gangs. The

communal violence after the demolition of the Babri Masjid in 1993 is an example. Secondly,

communal riots occur in towns which have a history of communal riots. Aligarh and

Hydrabad, among other cities, suffer from this trend. Presence of a large proportion of 

religious minorities increases political rivalry between the upper strata of both these

communities who often appeal to their communal identity to gain support. Whatever may be

the cause of communal violence, whenever it occurs, it immediately attracts attention of the

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nation. In our society class identities still remain submerged under caste and communal

identities. With economic problems becoming important, the ruling elite of our country

manages to convert economic problems like poverty unemployment, price rise etc. into caste

and communal ones. People should be careful not to be influenced by such tactics. Economic

problems of the people, like-poverty and unemployment must be resolved in the country

before the problem of communal violence can be totally eliminated.

PRESENT SCENARIO

How Secular Is India Today?

There is always a big gap between theory and practice, theology and history. Indian

constitution, no doubt, is one of the best in the world. It is truly secular in spirit so much so it

was secular even when word secular was not added to it until 1975 i.e. during emergency. If 

it were truly implemented India would be an ideal country to live in especially for minorities,

both religious as well as linguistic. However, as we all know there is big gap between theory

and practice, constitution and governance of the country. India was far more peaceful after

independence for number of reasons. Firstly, nationalist leaders who had participated in

freedom struggle and were instrumental in framing the Constitution were still around and

despite various pressures, stuck to ideals and values to a great extent.

Secondly, due to idealism and nearness to spirit of freedom nation as a category and national

identity was of great importance and often caste, linguistic and religious divisions mattered

less. Thirdly, the process of economic development had just begun and yet people‟s demand

for share in development on caste and communal lines was not very articulate and loud.

Because of all this identity politics was still subdued and Marathi versus non-Marathi, Tamil

versus non-Tamil sentiments were not so prominent. Hindu versus Muslims feelings were not

so subdued due to memory of partition but due to other factors communal violence was still

limited and had not assumed proportions of ethnic cleansing or genocide like in Gujarat in

2002. It all began with series of communal riots in sixties assuming great proportions in

Ahmedabad in 1969 and Bhivandi in 1970. In Ahmedabad nearly 1000 people were killed in

Ahmedabad in 1969 and around 400 people in Bhivandi. But then communal violence

remained in check until 1977 when again some major riots took place in several places like

Jamshedpur, Aligarh and Varanasi etc. Again whole of decade of eighties was full of 

communal violence climaxing in Mumbai riots in 1992-93. The Ramjanam bhoomi

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movement once again polarized as on the eve of partition. Again there was lull in communal

disturbances from 1992-93 to 2002 when Gujarat took place in 2002. Gujarat riots once again

made communal situation quite fragile and weakened secular ethos in the country. Now the

identity politics soared quite high and national ethos considerably weakened. Today everyone

prioritize once caste, communal and religious identity over national one. National rhetoric, as

if, has almost disappeared and even Hindutva forces talk more of Hindu religion than of 

patriotism or nation. For them too Indian nationalism has been replaced by Hindu

nationalism. For Shiv Sena of course Maharashtra was always more important than the

Rashtra (nation) and those Hindus too who spoke Hindi the Rashtrabhasha (national

language) came under attack. Several Hindus from U.P. and Bihar were mauled by Marathi

speaking zealots belonging to Maharashtra Navniram Sena (MNS), a splinter group from

Shiv Sena. Now recently Christians who were never targeted before by the Hindutva zealots

have also come under attack. Christians, a mere 2.2 percent minority and which has

contributed so richly to the country in the field of education and health services are being

killed ruthlessly. What is going on in Kandhmal district of Orissa and some adjoining

districts, is indeed hair raising. More than 40 Christians have been killed, a nun mass raped, a

woman burnt beyond recognition, more than 400 houses burnt and looted and 35 thousand

have fled from their villages to relief camps. And what for? A myth has been spread by the

powerful machinery of Sangh Parivar that all Christians convert. Remember RSS propaganda

“All Muslims are not terrorists but all terrorists are Muslims”? 

Orissa is another Gujarat both in brutalities and terrorization of minorities. When Christians

and Muslims are being so brutally targeted the RSS Chief Sudarshan says that both Muslims

and Christians convert and Muslims want every one to become Muslim and Christians want

all to follow Christ and so Hindus must give fitting reply. And our rulers just look on. When

BJP was ruling over the country and whole country was communalized we were feeling

suffocated and felt liberated when UPA took over and the BJP led Government defeated at

the hustings. We celebrated UPA‟s victory specially because it was supported by the left

which is the only hope for Indian secularism. However, left has withdrawn its support on

nuclear issue and once again we are feeling suffocated in the communally surcharged state of 

affairs in India. However, what is most worrisome is that it is happening under UPA

Government which is supposed to be a secular outfit. Perhaps today there is more suffocation

than even under the BJP-led NDA Government. The UPA has forgotten all its promises made

to the country and is betraying minorities and jettisoning its secular commitment. Prime

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Minister Manmohan Singh is more occupied with his pet nuclear pact with America than the

communal explosion back home. The communal forces are growing stronger and stronger

everyday and the ruling coalition of secular forces is quite indifferent. The Home Ministry is

functioning quite in a lackadaisical manner. It has given complete liberty to these forces and

they are riding roughshod over our secular values and constitutional forces. They never got

such license to function freely. The NDA Government liberally recruited RSS inclined

candidates in all key positions and they captured important academic positions too. Also,

RSS trained teachers and journalists also were recruited on large scale. It is because of this

that we find communally minded people in all walks of life. The media also has been

communalised as never before. Today be it communal riots or terrorist attacks most of the

newspapers and T.V. channels publish police version unabashedly as if it is ultimate truth. No

questions are raised and it appears as if investigative journalism has become story of the past.

Media plays most important role in strengthening democratic values and democracy cannot

survive without a critical and alert media. But it seems except for few papers and magazines

media has been completely communalised. Even a well-known Daily from south which was

known for its strong commitment to secularism appears to have developed, of late, subtle

communal slant. It is indeed very critical period for India. India is well known as largest

secular democracy in the world. But first Gujarat and now Orissa has dented its secular image

thanks to Hindutva forces. Manmohan Singh was faced with the most embarrassing situation

abroad and he had to admit that what is happening in Orissa is „shameful‟. But having

described developments in Orissa shameful what has he done to redeem it? He is quite

hesitant to ban Bajrang Dal and resisting demand of some of his own Congress party

colleagues to ban it saying we are watching and waiting for reports from Chief Minister of 

Orissa. It is indeed more shameful than communal carnage in Orissa. Any truly secular

government would have dismissed Navin Patnaik Government for its complete inability to

control communal violence. So far I never believed that Indian communalism could take form

of fascism as many leftists had been saying all along. Today we see the footprints of fascism

in India. The situation is very similar to that of Germany in the thirties. The unemployed

hordes of lower middle classes have joined Bajrang Dal and Vishwa Hindu Parishad in large

numbers and hailing Hindutva leaders. Some of the text books in Rajasthan and Gujarat, both

BJP ruled states are praising fascism and Hitler. Also, the Central Government is appeasing

these communal forces. It appears though the Government at the Centre is of secular UPA but

agenda is of Sangh Parivar. The police appears to be taking orders from Sangh Parivar rather

than from ruling Congress or UPA. Riot after riot be it in Orissa or Digras, Pusad or Dhule

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the police just looks on when mobs loot and burn even during curfew hours. It is indeed very

very worrisome situation. The UPA Government is assisting the Sangh Parivar in every way

possible. The police is riding absolutely roughshod over minorities and latest example is

Batla House „encounter‟. Though the print and electronic media abdicated its responsibility

the human rights groups raised questions and pricked holes in the police claim of encounter

of „dreaded terrorists. The situation is indeed very grave and unless secular forces unite and

play determined role things can get far more worse.

CONCLUSION 

Communal ideology is a diversion attempting to prevent radical progressive movements. It

ties in conveniently with a post-nationalist phase where the middle-class does not wish to see

the widening of the social base providing access to power and resources. Communal ideology

is antithetical to liberal and radical thoughts and action. Where it sees thwarted it does not

hesitate to recruit the urban underclass or lumpens in an effort at criminalizing activities and

thereby holding society to ransom. India is a land of multiple faiths and religions leading

often to violence and hatred among the people. Those who fan this religious violence do not

consider religion as a moral order but use it as a means and weapon to pursue their political

ambitions. Communalism essentially leads to violence as it is based on mutual religious

hatred. This phenomenon leads to distinction between a communal organisation and a

religious organisation. Communalism essentially has following main features.

1) It is based on orthodoxy.

2) It is exclusive in out look, a communalist considers his own religion to be superior to

other religions.

3) It is based on intolerance.

4) It also propagates intense dislike of other religions.

5) It stands for elimination of other religions and its values.

6) It adopts extremist tactics including use of violence against other people.